HomeMy WebLinkAboutAgenda Packet City Council - 11/09/2021 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, November 9,2021 11:30 AM Council Chambers
Addendums may be added on Friday.
Public Notice: Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services are requested to contact the City Secretary's office (at
361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete
ingles-espanol en todas las juntas del Concilio para ayudarle.
This meeting may be held via videoconference call pursuant to Texas Government Code
§ 551.127. If this meeting is held via videoconference call or other remote method of
meeting, then a member of this governmental body presiding over this meeting will be
physically present at the location of this meeting unless this meeting is held pursuant to
Texas Government Code § 551.125 due to an emergency or other public necessity
pursuant to Texas Government Code § 551.045.
A. Mayor Paulette M. Guajardo to call the meeting to order.
B. Invocation to be given by Pastor Rob Bailey, Southside Community Church.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Juan Borrego, Roy Miller High School student.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E. Proclamations /Commendations
1. 21-1612 Proclamation declaring November 9, 2021 as "Coastal Bend Day of
Giving".
Proclamation declaring November 13, 2021 as " Walk to End Alzheimer's
Day".
Commendation Recognizing Johnny Zepeda of Johnny's Jewelers for 45
Years in Business.
City of Corpus Christi Page 1 Printed on 11/8/2021
City Council Meeting Agenda-Final-revised November 9,2021
F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public
comment period, you must sign up before the meeting begins. Each speaker is
limited to a total of no more than 3 minutes per speaker. You will not be allowed
to speak again on an item when the Council is considering the item. Time limits
may be restricted further by the Mayor at any meeting. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Written comments may be submitted at
cctexas.com/departments/city-secretary. Electronic media that you would like to
use may only be introduced into the City system IF approved by the City's
Information Technology (IT) Department at least 24 hours prior to the Meeting.
Please contact IT at 826-3211 to coordinate. This is a public hearing for all items
on this agenda.
G. South Texas Military Task Force Briefing by Captain Christopher "TJ" Jason,
Naval Air Station Corpus Christi
H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
a. Fourth Quarter FY 2021 Budget Report
b. City Health Department Transition Update
C. United Way Charitable Campaign Kickoff for City of Corpus Christi presented by
Libby Averyt, President, and CEO at the United Way of the Coastal Bend
d. Upcoming Buenos Dias event at City Hall presented by Efrain Franco,
Membership Engagement Director of United Corpus Christi Chamber of
Commerce
e. Overview of Hammons Employment Leadership Programs (HELP) presented by
Dr. Ridge Hammons, Executive Director of HELP
f. Recognition of the 2021 Planning Achievement Award for Public Outreach
awarded by the American Planning Association
I. BOARD &COMMITTEE APPOINTMENTS:
2. 21-1526 Capital Improvements Advisory Committee - 1 vacancy
Landmark Commission - 5 vacancies
Library Board - 5 vacancies
Reinvestment Zone No. 2 (Island) Board - 10 vacancies
Reinvestment Zone No. 4 (North Beach) Board - 5 vacancies
J. EXPLANATION OF COUNCIL ACTION:
City of Corpus Christi Paye 2 Printed on 11/8/2021
City Council Meeting Agenda-Final-revised November 9,2021
K. CONSENT AGENDA: (ITEMS 3 - 21)
3. 21-1597 One-reading ordinance creating the Corpus Christi Health Department;
amending the City of Corpus Christi Operating Budget for the Fiscal Year
2021-2022; providing for Health Department general fund positions
(grant-funded positions will be addressed in subsequent ordinances); and
providing for assignment and acceptance of grants.
sponsors: Assistant City Manager
4. 21-1557 Approval of the October 26, 2021 Regular Meeting Minutes.
sponsors: City Secretary's Office
Consent-Second Reading Ordinances
5. 21-1387 Ordinance amending the Wastewater Collection System Master Plan for
the Allison Service Area, a public utility element of the Comprehensive
Plan of the City of Corpus Christi, by adjusting the boundary line between
basins 37 and 40, adding 15 acres to basin 40, with the subject area
located on the southside of Northwest Boulevard (FM 624) between FM
1889 and CR 69.
sponsors: Planning & Environmental Services and Utilities Department
Consent-Public Safety First Reading Ordinances
6. 21-1472 Ordinance authorizing acceptance of a grant in an amount of$48,724.61
from State of Texas, Criminal Justice Division for Violence Against
Women Program with a cash match of$14,402.72 and in-kind match of
$6,960.00; transferring $14,402.72 from the General Fund to the Police
Grants Fund; appropriating $63,127.33 in the Police Grants Fund; and
authorizing one full-time civilian employee for a Victim Case Manager.
sponsors: Police Department
7. 21-1473 Ordinance authorizing acceptance of a grant in an amount of$129,212.45
from State of Texas, Criminal Justice Division for Victims of Crime Act
Grant with a cash match of$28,000.00 and in-kind match of$4,320.00;
transferring $28,000.00 from the General Fund to the Police Grants Fund;
appropriating $157,212.45 in the Police Grants Fund; and authorizing
three full-time employees for Victim Case Managers.
sponsors: Police Department
8. 21-1474 Ordinance authorizing acceptance of a grant in an amount of$98,964.86
from the State of Texas, Criminal Justice Division for Victims of Crime
Community Outreach Program with a cash match of$3,300.00 and in-kind
match of$21,500.00; transferring $3,300.00 from the General Fund to the
Police Grants Fund; appropriating $102,264.86 in the Police Grants Fund;
and authorizing two full-time civilian employees.
sponsors: Police Department
City of Corpus Christi Page 3 Printed on 11/8/2021
City Council Meeting Agenda-Final-revised November 9,2021
9. 21-1498 Ordinance authorizing the acceptance of a grant from the Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance, in an
amount of$192,413.00 for the FY 2021 Edward Byrne Memorial Justice
Assistance Grant program for the Corpus Christi Police Department to
purchase equipment such as tasers, a forensic laser, and riot shields; and
appropriating $192,413.00 in the Police Grants Fund with $96,206.00 to
be distributed to Nueces County based on an interlocal agreement with the
City acting as the fiscal agent, at no charge to Nueces County, and the
remaining $96,207.00 to be used by the City.
Sponsors: Police Department
Consent- Contracts and Procurement
10. 21-1331 Motion authorizing a one-year service agreement with Anderson Pollution
Control Inc., dba Horizon Environmental of Victoria, Texas, for a total
amount not to exceed $95,026.00, for aeration basin cleaning at Broadway
Wastewater Treatment Plant, effective upon issuance of notice to proceed,
with FY 2022 funding in the amount of$95,026.00 available through the
Wastewater Fund.
Sponsors: Utilities Department and Finance & Procurement
11. 21-1052 Motion authorizing a five-year service agreement with VTX1 Companies of
Raymondville, Texas to provide a reliable, high-speed fiber for the Choke
Canyon Reservoir, in an amount not to exceed $100,564.00, effective upon
issuance of a notice to proceed, with FY2022 funding in the amount of
$35,812.00 available in the Water Fund.
Sponsors: Information Technology Services, Utilities Department and Finance &
Procurement
12. 21-1380 Resolution authorizing a nine-month service agreement with Schindler
Elevator Corporation of Corpus Christi, Texas, to upgrade the escalator
components for four escalators located in the Airport Terminal Building at
Corpus Christi International Airport (CCIA) in the amount of$391,000.00,
effective upon issuance of a notice to proceed with FY 2022 funding
available from Airport Fund.
Sponsors: Aviation Department and Finance &Procurement
13. 21-1452 Motion authorizing a three-year service agreement with Certified Collision
Works, LLC of Corpus Christi, Texas, for an estimated amount not to
exceed $152,200.00, for vehicle paint and body repairs for Asset
Management, with FY 2022 funding in an amount not to exceed
$50,750.00 available through the Fleet Maintenance Fund.
Sponsors: Asset Management Department and Finance & Procurement
14. 21-1467 Motion authorizing the purchase of one replacement heavy haul tractor
truck from Lonestar Freightliner Group, LLC, of Waco, Texas for a total
amount of$153,042.00 that will be utilized to pull the 55 Ton Low-Boy
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City Council Meeting Agenda-Final-revised November 9,2021
trailer and other heavy equipment to and from work sites by the
Department of Public Works, with FY 2022 funding available in the Vehicle
& Equipment Replacement Fund.
sponsors: Public Works/Street Department and Finance &Procurement
Consent- Capital Projects
15. 21-0906 Motion authorizing the award of a professional services contract to BRW
Architects, College Station, TX, to provide design, bid, and construction
phase services for the design of Fire Station #3 (Morgan Street) in an
amount of$620,400.00, located in Council District 2, with FY 2022 funding
available from the Fire Bond 2020 Fund.
sponsors: Engineering Services, Fire Department and Finance & Procurement
16. 21-0908 Motion awarding a Master Services Agreement for a Facility Multiple
Award Contract to Barcom Construction Inc., Gourley Contractors LLC,
Marshall Company, Ltd., from Corpus Christi, Texas, and Alpha Building
Corporation from San Antonio Texas, for minor construction, repairs,
rehabilitation, and alterations of facilities, with an annual not-to-exceed
amount of$2,000,000.00 and a total contract not-to-exceed amount of
$6,000,000.00. Contracts have one base year with two one-year renewal
options to be administratively authorized annually, with FY 2021 funding
available from Certificates of Obligation, Bond, and Capital Funds.
Sponsors: Engineering Services, Asset Management Department and Finance &
Procurement
17. 21-0767 Motion awarding a Master Services Agreement to Hanson Professional
Services, Inc., Corpus Christi, Texas, for the assessment of major outfalls
and recommendations for repairs, improvements, and/or rehabilitation in
an amount not-to-exceed $120,000.00 for a two-year contract with no
renewal options, located Citywide, with FY 2022 funding available from
Storm Water Capital Fund.
Sponsors: Engineering Services, Public Works/Street Department and Finance &
Procurement
18. 21-1405 Motion awarding a construction contract to JM Davidson Inc., Aransas
Pass, Texas, to perform repairs and improvements to the Salt Flats Levee,
located in Council District 1, in an amount of$903,679.00, with FY 2022
funding available from the Seawall Capital Fund.
sponsors: Engineering Services and Finance & Procurement
19. 21-0621 Motion awarding a professional services contract to SCS Engineers,
Houston, TX, to provide conceptual design, process design, and permitting
services for a new Solid Waste Facility Complex that includes a transfer
station, compost services, fleet services and administration building,
located in Council District 3, in an amount not to exceed $295,571.00, with
FY 2022 funding available from the Solid Waste Certificate of Obligation
Fund.
City of Corpus Christi Page 5 Printed on 11/8/2021
City Council Meeting Agenda-Final-revised November 9,2021
Sponsors: Engineering Services, Solid Waste Operations and Finance &
Procurement
General Consent Items
20. 21-1558 Resolution authorizing the submittal of a grant application totaling
$800,000 to the Office of the Governor for funding from the Texas Military
Preparedness Commission's Defense Economic Adjustment Assistance
Grant Program with and a matching contribution from the City of$800,000
for easement acquisition, real estate transaction costs, project
management and grant administration services.
Sponsors: Communications&Intergovernmental Affairs
21. 21-1598 Resolution approving termination of the campaign treasurer appointments
for inactive candidates and specific-purpose political committees in
accordance with Section 2-7 of the City's Code of Ordinances.
Sponsors: City Secretary's Office
L. RECESS FOR LUNCH
M. PUBLIC HEARINGS: (ITEMS 22 - 24)
22. 21-1469 Zoning Case No. 0921-02, Ed Rachal Foundation: (District 1) Ordinance
rezoning multiple properties at or near 2210 Mary Street from the "RS-6"
Single-Family 6 District, "RM-3" Multifamily District, and the "CN-1"
Neighborhood Commercial District to the "Cl" Intensive Commercial
District. (Planning Commission and Staff recommend Denial of"Cl" and in
lieu thereof approval of"RS-6/SP" Single-Family 6 District with a Special
Permit) (3/4 vote required to approve less restrictive use or density than
the recommendation of the Planning Commission)
Sponsors: Development Services
23. 21-1465 Ordinance exempting Lot 1, Block 1, Hale Horse Ranch, located north
of FM 665 and west of CR 763 with the frontage along CR 32, from
payment of wastewater acreage fee under section 8.5.2.G.1 of the
Unified Development Code; requiring a sanitary sewer connection
agreement.
Sponsors: Development Services
24. 21-1516 Ordinance abandoning and vacating a 15-foot-wide, by approximately
69.29-feet long (1,946 sq. ft.) portion of an existing 15-foot-wide easement
out of Lots 6, Block 2, Joslin Tracts, located at 7602 South Padre Island
Drive.
Sponsors: Development Services
N. INDIVIDUAL CONSIDERATION ITEMS:
City of Corpus Christi Page 6 Printed on 11/8/2021
City Council Meeting Agenda-Final-revised November 9,2021
O. FIRST READING ORDINANCES: (ITEMS 25 -29)
25. 21-1464 Ordinance amending Corpus Christi Code Section 55-113 to authorize the
City Manager to execute Outside City Limits Water Service Contracts for
subdivisions with two lots or less.
sponsors: Development Services
26. 21-1561 Ordinance amending Chapter 55 of the Corpus Christi Code to require
Industrial facilities to have either a reduced pressure backflow device or air
gap at each City meter servicing potable water; a double-check assembly
for fire service lines; a certified industrial district backflow affidavit upon
relocation of City water meter and/or installing, repairing, or replacing a
reduced pressure backflow preventer or an air gap; annual backflow
preventer testing; and authorize the City to inspect, install, repair, and/or
replace backflow preventers and place the cost of said work on industrial
facility customer utility bill; and providing for penalty.
Sponsors: Utilities Department
27. 21-0791 Ordinance authorizing execution of a one-year lease with Emerald City
Cargo, LLC, for cargo storage and office space at the Corpus Christi
International Airport in exchange for an annual payment of$18,903.00, with
such lease having up to five one-year renewals.
Sponsors: Aviation Department
28. 21-1527 Ordinance approving Addendum No. 1 to Lease Agreement with Corpus
Christi Baseball Club, L.P., providing for Type A funding in an amount not
to exceed $701,800.00 on a reimbursement basis to make certain capital
improvements to the Whataburger Field property in accordance with Major
League Baseball Requirements.
sponsors: Finance &Procurement
29. 21-1551 Ordinance accepting and appropriating a grant in the amount
$7,808,211.00 from the U.S. Department of the Treasury and authorizing a
one-year service agreement for Grant Administrator Services of
Emergency Rental Assistance in an amount not to exceed $1,170,565.00,
with Hagerty Consulting Inc. of Evanston, Illinois, effective upon issuance of
a notice to proceed; and amending the budget.
sponsors: Neighborhood Services
P. BRIEFINGS:
Q. EXECUTIVE SESSION:
R. ADJOURNMENT
City of Corpus Christi Page 7 Printed on 11/8/2021
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One(1)vacancy with term concurrent with City Council term.(Each Council Member and Mayor will nominate a member and the City Manager will nominate the
remaining six(6)members subject to confirmation by the full Council).
Duties
The committee shall serve in an advisory capacity;advise and assist the City Council in adopting land use assumptions;review the capital improvements plan,land use
assumptions and impact fees,and file written comments in accordance with Chapter 395 of the Texas Local Government Code;monitor and evaluate the
implementation of the capital improvements plan;file semiannual reports with respect to the progress of the capital improvements plan and report to City Council any
perceived inequities in implementing the plan or imposing the impact fee;and advise the City Council of the need to update or revise the land use assumptions,capital
improvements plan,and impact fee.Other duties as assigned by City Council that relate to impact fees.
Composition
The Capital Improvements Advisory Committee shall consist of 15 members appointed by City Council of which at least six shall be representatives of the real estate,
development,or building industry(RE/DEV/BI)who are not employees or officials of a political subdivision or governmental entity and one member shall be a
representative of the City's extraterritorial jurisdiction(ETJ)if impact fees are proposed for that area.Each City Council Member and the Mayor will nominate a
member and the City Manager will nominate the remaining six members.Quorum shall consist of eight members.
Member size Term length Term Length Term Limit
15 9-concurrent with Council terms 6-2 years 6 years
AppointingName District Term Appt.date End date
Council Member Billy
John Holmgreen District 1 1 N/A 11/1/2022 City Council Lerma's Rep. Active
Council Member Greg
Everett Roy District 1 1 8/17/2021 11/1/2022 City Council Smith's Rep. Active RE/DEV/BI
Council Member Michael T.
Rudy Garza He. District 1 1 8/17/2021 11/1/2022 City Council Hunter's Rep. Active Real Estate
Mayor Paulette Guajardo's
Rosie G Collin District 5 1 8/17/2021 11/1/2022 City Council Rep. Active Building Industry
Council Member Roland
Jesus J Jimenez PE District 5 1 8/17/2021 11/1/2022 City Council Barrera's Rep. Active DEV/BI
Council Member John
Moses Mostaghasi District 5 1 8/17/2021 11/1/2022 City Council Martinez's Rep. Active RE/DEV/BI
Council Member Mike
Trey Summers District 4 1 8/17/2021 11/1/2022 City Council Pusley's Rep. Active RE/DEV/BI
Council Member Gil
George E.Laster Jr. District 5 1 8/31/2021 11/1/2022 City Council Hernandez's Rep. Active Development
Name District Term Appt.date End date Appointing Authority Position Status Category
Council Member Ben
Ramiro Munoz III District 5 1 8/17/2021 11/1/2022 City Council Molina's Rep. Active RE/DEV/BI
Other/Non- City Manager with City's Extraterritorial
Alex H Harris Resident 1 8/17/2021 8/16/2023 Council Confirmation City Manager Active Jurisdiction
City Manager with
Kim H Schmid District 4 1 8/17/2021 8/16/2023 Council Confirmation City Manager Active Development
City Manager with
Anne S Mahaffey District 3 1 8/17/2021 8/16/2023 Council Confirmation City Manager Active Development
City Manager with
Velda G.Tamez District 4 1 8/17/2021 8/16/2023 Council Confirmation City Manager Active RE/DEV
City Manager with
Melody Nixon-Bice District 5 1 9/14/2021 8/16/2023 Council Confirmation City Manager Active Development
City Manager with
Gabe Guerra District 5 1 8/17/2021 8/16/2023 Council Confirmation City Manager Active Real Estate
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
Applicants
Name District Status Category Representative
Jennifer M. Aleman District 3 Applied Real Estate
Carl E. Crull District 5 Applied
Council Member Billy
John C. Holmgreen Jr. District 1 Applied Lerma's Appointee
Real Estate
Development
Ruben Macias District 5 Applied Building Industry
Jacqueline O'Neill District 2 Applied Real Estate
Stephenie R. Rhodes District 5 Applied
CITY OF CORPUS CHRISTI Submit Date:Jul 30, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Jennifer M Aleman
First Name Middle Initial Last Name
Email Address
4410 Donegal
Street Address
Corpus Christi TX 78413
City - -_ State Postal Code
What district do you live in?
W District 3
Current resident of the city?
r Yes r- No
If yes, how many years?
40
Home: (361) 549-3127 Home: (361) 549-3127
Primary Phone Alternate Phone
Mirabal Montalvo _ Real Estate Agent
Employer Job Title
Work Address - Street Address and Suite Number
5702 S Staples Suite E1
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78413
Innnifar NA Alomnn
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
Current Real Estate agent and property manager. Head volunteer and coordinator for the Muscular
Dystrophy Association
Why are you interested in serving on a City board, commission or committee?
I would like to get involved and help support my community
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r• No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r No
Demographics
Gender
W Female
Code of Ethics - Rules of Conduct/Conflicts of Interest
lonnifor AA Dlomnn
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes (-. No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes (-. No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
rYes rNo
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
n/a
Board-specific questions (if applicable)
lonnif ar AA 41omnn
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W Real Estate
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
lonnifar AA Alomf3n
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. 1
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
lonnifar AA Dlmmnn
CITY OF CORPUS CHRISTI Submit Date: Aug 09, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Carl E Crull
First Name Middle Initial Last Name
Email Address
8025 Villefranche Dr.
Street Address
CORPUS CHRISTI TX 78414
City State Postal Code
What district do you live in?
W District 5
Current resident of the city?
Yes r, No
If yes, how many years?
42
Mobile: (361) 816-5773 Home: (361) 993-4888
Primary Phone Alternate Phone
Crull Engineering, LLC Owner
Employer Job Title
Work Address - Street Address and Suite Number
8025 Villefranche Dr.
Work Address - City
CORPUS CHRISTI
Work Address - State
TX
Work Address - Zip Code
78414
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Work Phone
3618165773
Work E-mail address
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: Submitted
Interests & Experiences
Are you a registered voter?
t-. Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
Planning Commission (Term limited as of 7/31/2020)
Education, Professional and/or Community Activity (Present)
B.S. Civil Engineering, University of Missouri 1971 MBA Corpus Christi State University (now TAMUCC)
1982 Regional Water Planning Group, TAMUCC Engineering Advisory Council, Rotary Club
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Port Authority
Why are you interested in serving on a City board, commission or committee?
To continue to serve the community and to continue in contribute to its continued growth and prosperity.
Uplead a�e3L,me
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r• No
rnrl G rri SII
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r No
Demographics
Ethnicity
W Caucasian/Non-Hispanic
Gender
W Male
Code of Ethics- Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
rYes rNo
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r. No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
n/a
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Board-specific questions (if applicable)
Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B
CORPORATION,PLANNING COMMISSION
Are you a registered voter?
Yes r No
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W None of the above\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r• No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
r'nrl 17 rrri ill
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
('nrl 17 ('ri ill
.aCarl E. Crull, P
Mr. Crull's experience includes Municipal and Consultant Engineering, Engineering
Management, and City Management. In Kansas City, MO, he worked for the City of
Kansas City Engineering Division—Storm and Sanitary Sewer, Subdivision Review,
Construction Management, and Streets &Structures divisions; and served in the 110th
Combat Engineers Battalion, Missouri National Guard.
Seeking a faster career path and warmer weather, in 1979 he relocated to Corpus Christi,
EDUCATION
Master of Business Admin, where he first was employed by the City of Corpus Christi as Chief Design Engineer.
Business Promoted to City Engineer(1987), he moved up to Assistant City Manager—Public
Administration/Mgmt. Texas Works & Utilities (1994), managing 11 City departments with 1100 employees.
A& M University- Significant projects during his tenure include permitting, construction and opening of a
Corpus Christi, 1982 2200-acre regional sanitary landfill; permitting, design and construction of the 104-mile,
64-inch diameter raw water Mary Rhodes Pipeline,from Lake Texana to Corpus Christi,
Bachelor of Science, Civil augmenting regional water supply. (Water delivery began 24 months after project
Engineering, University of authorization,fast-tracked by severe drought nearly depleting storage in two existing
MO Columbia, 1971
reservoirs.) He also helped acquire additional water rights from the Lower Colorado River,
and construction of Mary Rhodes Pipeline Phase II.
REGISTRATIONS
Professional Engineer, In 1999, Mr. Crull joined HDR Engineering as Vice President and Manager of the small
Missouri, United States, No. Corpus Christi office, successfully diversifying HDR's local services and increasing area
E-16751 Issued: 01/01/1976, client base. In 2005, he originated acquisition of Shiner Moseley Associates, a large local
firm with port and marine structures, and coastal engineering specialties, significantly
Professional Engineer.
Texas, United States, No. increasing HDR's capabilities in the South Texas region and coastal United States.
46706 Issued:01/16/1980. During this period of company-wide acquisitions, HDR, Inc. became a larger national, then
global engineering and architecture company. He retired as Marketing Director in 2016.
In 2016, Mr. Crull formed Crull Engineering, LLC to continue providing quality consulting
PROFESSIONAL engineering and program management services to the community and area.
MEMBERSHIPS
American Society of Civil Mr. Crull has a wealth of experience in municipal water(supply, treatment and distribution)
Engineers (ASCE), Member
systems,wastewater(collection and treatment)systems, storm drainage systems, streets,
National Society of airport, public buildings, and marina facilities. He also has experience in the
Professional Engineers administration of city land use ordinances (platting and zoning). He enjoys excellent
(NSPE),Texas Society, working relations with numerous organizations including regional cities, Nueces and San
Member Patricio Counties, Texas Department of Transportation, Texas Commission on
Environmental Quality, Port Corpus Christi, FAA, EPA,Texas Water Development Board,
HONORS Nueces River Authority, a broad base of community leaders and consulting firms.
Nueces Chapter TSPE
Engineer of the Year 1998 He currently serves on the City of Corpus Christi Planning Commission (City Council
Univ. of MO Distinguished appointment); TWDB Region N Water Supply Planning Group; Texas A&M University-
Civil Engineering Alumni Corpus Christi Engineering Advisory Council; member of TAMU-CC and Texas State
2010 Aquarium President's Councils; Downtown Rotary. Previously served on United Way of
Coastal Bend Board (12 years, 4 as Treasurer), University of MO Engineering Alumni
Board (6 years)and Texas Council of Engineering Companies Board (4 Years)
Contact Information
Carl E. Crull, P.E.
361-816-5773 (mobile) 8025 Villefranche Drive
361-993-4888 Corpus Christi,TX 78414
CITY OF CORPUS CHRISTI Submit Date: Oct 06, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Mr. John C. Holmgreen Jr.
Prefix First Name Middle Initial Last Name Sot4iz
Email Address
520 S. Chaparral No. 602
Street Address Suite or Apt
Corpus Christi TX 78401
City State Postal Code
What district do you live in?
W District 1
Current resident of the city?
r Yes r No
It yes, how many years?
47
Mobile: (361) 813-9083 Home: (512) 925-8275
Primary Phone Alternate Phone
Retired
Employer Jooritle
Work Address - Street Address and Suite Number
none
Work E-mail address
none
Preferred Mailing Address
J Home/Primary Address
Which Boards would you like to apply for?
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: Submitted
KAr lnhn (' Wnlmrrroon lr
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No.
Education, Professional and/or Community Activity (Present)
Please see attached resume.
Why are you interested in serving on a City board, commission or committee?
Desire for public service and interest in Marina and boating activities.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r, Yes (. No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r No
Demographics
Gender
W Male
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r• No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes (.- No
AAr lnhn (' Wnimrrroon Ir
Does your employer or your spouse's employer have a City contract?
r' Yes c No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r, Yes (-. No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r' Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
Yes (-. No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
submitted an application to the Parking Committee more than a year ago at the instance of the then
Council Member from Dist. 1, but was never told whether the application was granted or not. I have never
attended or been invited to attend a meeting of that committee.
Board-specific questions (if applicable)
NAr lnhn (' Wnlmnroon Ir
Queston applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W None of the above\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
hAr lnhn (- Wrilmriroon 1r
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
AAr lnhn (' Wnlmrrroon 1r
Resume of John C. Holmgreen, Jr.
Personal.
Born Dallas, Texas, January 13, 1944. Grew up in San Antonio, two sisters.
Alamo Heights High School, 1962. Married Laura Brown, 2009; two granddaughters.
Reside at La Mer Condominium, 520 S. Chaparral, No. 602, Corpus Christi, 78401;
361-813-9083; jholmgreeng@gmail.com.
Education.
Vanderbilt University, BA, Economics, 1966.
University of Texas Law School, JD, 1973.
Military. United States Marine Corps, infantry officer, 1966-1970.
Professional.
Employment. Gary, Thomasson, Hall & Marks law firm 1973-2015.
Experience. Jury and non jury civil trials in state and federal courts involving
contracts, real property, personal injury, insurance, and trade practices.
Specializations and professional associations at retirement. Board Certifications,
Texas Board of Legal Specialization, Personal Injury Trial Law, Civil Trial Law;
American Board of Trial Advocates, Associate Member.
State Bar of Texas status. Admitted September, 1973. Inactive status as member
in good standing, June, 2016.
Community service and memberships. City of Corpus Christi, Bay Drilling
Committee, member, chair; Parking Committee. Coastal Conservation Association, local
and State executive boards, Governmental Affairs Committee; co-founder, annual
Babes on Baffin women's fishing tournament. Corpus Christi Yacht Club, board
member, Commodore; Yachtsman of the Year. La Mer Condominium Council of Co-
Owners, Inc., officer and director. Parkway Presbyterian Church, elder and member of
properties, stewardship, and mission outreach committees. Republican Party of Texas,
Nueces County, Chair, Precinct 1. Rotary Club of Corpus Christi. Texas State
Aquarium, former board member. University of Texas Marine Science Institute, advisory
board and executive committee.
Interests. Fishing, boating, reading, cooking, photography, travel.
CITY OF CORPUS CHRISTI Submit Date: Sep 10, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Ruben Macias
First Name Last Name
Email Address
2109 Meadowwalk Dr
Street Address
Corpus Christi TX 78414
City State Postal Code
What district do you live in?
W District 5
Current resident of the city?
r Yes r No
If yes, how many years?
5
Home: (361) 522-58.95 Business: (361) 903-7215
Primary Phone Alternate Phone
International Bank of Commerce Commercial Lender/Bank
IBC Bank Officer
Employer Job`Itle
Work Address - Street Address and Suite Number
221 S Shoreline
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78401
Di ihon AAnr inc
Work Phone
361 8884000
Work E-mail address
RubenMacias@ibc.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: Submitted
Interests & Experiences
Are you a registered voter?
r• Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
BS in Accouting from Texas A&M Uniiversity- Kingsville.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Human Relations Committee CC B Corp Capital Improvement Committee
Why are you interested in serving on a City board, commission or committee?
I show great leadership skills from my prior role as a manager the lead a team of 15 employees. Working
with IBC also has sharpened my skill to see the big picutre and not focus on the small task.
Are you an ex-Officio member of a City Board, commission or committee?
r Yes (-. No
Chi ihnn Unf-inc
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r• No
Demographics
Gender
W Male
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r: No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes c No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes c No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Di ihnn Unninc
Question applies to HUMAN RELATIONS COMMISSION
The Human Relations Commission preferred representatives from certain categories. Do you
qualify for any of the following categories?
W Business of Selling of Dwellings
Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B
CORPORATION;PLANNING COMMISSION
Are you a registered voter?
r Yes r No
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W Real Estate
• Development
• Building Industry\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r•` Yes r No
Verification
Di ikon KAnr inc
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Di ihon Unr-inc
RUBEN MACIAS JR.
1514 Ennis Joslin Apt#133]Corpus Christi TX 78412
(361)522-5895
OBJECTIVE
Dedicated professional with a diverse management and accounting experience, serving in
progressively responsible leadership roles. Seeking to achieve CPA and its practices.
'EDUCATION
Texas A&M University—Kingsville, Texas Graduated: May 2015
Bachelor in Business Administration -Accounting GPA: 3.0
PROFESSIONAL EXPERIENCE
IBC Bank—Shoreline Corpus Christ, TX
Senior Loan Review Analyst October 2017—Present Day
• Evaluate all loan documents, obtain all approvals, ensure compliance to all'
lending guidelines, and maintain accuracy of all credit underwriting
• Analyze all borrower relationship for various loan portfolios and evaluate all loan
quality for various team members and plan and implement all credit examinations
• Analyze all complex portfolio risk and recommend modification to all credit
standards on monthly basis
IBC Bank—Shoreline Corpus Christi, TX
Credit Analyst August 2016—October 2017
• Evaluate clients credit data and financial statements to determine degree of risk
• Analyzing clients records and using data to recommend payment plans
• Evaluate the financial status of clients by producing financial ratios through excel
IBC Bank—Service Center San Antonio,TX
Staff Auditor August 2015 —August 2016
• Assist Audit Committee in fulfillment of its duties and responsibilities
• Review bank practices and records for compliance with internal-policies and
procedures
• Report audit fmdings and recommendations to appropriate management and
conduct follow-up reviews of financial and regulatory noted observations
Big House BBQ—Kingsville Kingsville,TX
.Manager May 2013 -August 2015
• Audit POS sales at end of shift
• Balanced the book accurately by recording cost and month end accruals
• Achieved and maintained a 3% annual growth in profit through the management
of controllable costs such as,reducing unnecessary overtime and inventory waste
SKILLS
• Hyland
• Precision
• Horizon
• IMS
• Microsoft Office (Word, PowerPoint, Excel, Publisher, Outlook)
• AutoCAD
• Adobe Acrobat
• OPERATING SYSTEMS: Windows XP-2010, Mac OS X, Aloha
HONORS & ACTIVITIES
• Pledge Member, International Fraternity of Delta Sigma Pi
• Member, Institute of Internal Auditors
• Vita Proeram. Volunteer Work
CITY OF CORPUS CHRISTI Submit Date:Aug 03, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Jacqueline O'Neill
First Name Last Name
Email Address
330 barracuda pl
Street Address
Corpus Christi TX 78411
City State Postal Code
What district do you live in?
W District 2
Current resident of the city?
r Yes r No
If yes, how many years?
12
Mobile: (361) 947-8003 Home: (361) 947-8003
Primary Phore Altemate Phone
Self Realtor
Emoloyer Job Title
Work Address - Street Address and Suite Number
5334 Everhart Rd suite 200
Work Address- City
Corpus Christi
Work Address - State
Tx
Work Address -Zip Code
78411
lnr,rrr tolino rNKInill
Work E-mail address
Jac@JaciOhomes.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: Submitted
Interests & Experiences
Are you a registered voter?
(.- Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
BA Psychology Real estate since 2001
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Capital improvement Building Education
Why are you interested in serving on a City board, commission or committee?
I love my city and those who live here. I want to be an active participant in helping our City and community
improve-
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r No
Demographics
Gender
W Female
Code of Ethics - Rules of Conduct/Conflicts of Interest
Int-rii iolino r)'Kloill
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes a No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes c: No
If you answer "Yes"to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
Na
Board-specific questions (if applicable)
lnrr nlino (1't�loill
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries?
W Real Estate
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes +: No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
9 1 Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
9 1 Agree
lnrrri i alino n'nloill
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. 1
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
lnrm iolino fl'f�loill
CITY OF CORPUS CHRISTI Submit Date: Aug 09, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Stephenie R Rhodes
First Name Middle Initial Last Name
Email Address
7618 Las Miras Court
Street Address
Corpus Christi TX 78414
City State Postal Code
What district do you live in?
W District 5
Current resident of the city?
Yes r No
If yes, how many years?
40
Mobile: (361) 739-4146 Home: (361) 739-4146
Primary Phone Alternate Phone
West Oso ISD Teacher/Coach
Employer Job-tle
Work Address - Street Address and Suite Number
754 Flato Rd
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78416
Ctonhonio R Rhnr-loc
Work Phone
(361) 806-5960
Work E-mail address
stephenie.rhodes@westosoisd.net
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
President, Delta sigma theta Sorority, Inc. Corpus Christi Alumnae Chapter Member, American Federation
of Teachers (AFT) Member, NAACP H. Boyd Hall Branch Member, Texas Girls Coaching Association
(TCCA)
Why are you interested in serving on a City board, commission or committee?
I have a strong desire to provide feedback regarding issues impacting our City's infastructure. As an
invovled member of our local community, I communicate with a diverse population of people which allows
me to be a good sounding board for the Capital Improvement Advisoryt Committee. I'm willing and eager
to be of service to my City.
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r• No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r• Yes r No
Ctonhonin R Rhnrinc
Demographics
Gender
W Female
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes (-. No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r• No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Ctonhonio D Dhnrhac
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
The Capital Improvement Advisory Committee must include representatives from certain
industries. Do you qualify for any of the following industries? "
W None of the above\,
Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
One member shall be a representative of the City's extraterritorial jurisdiction if impact fees
are proposed. Do you qualify?
r Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
9 1 Agree
Ctonhonio 0 QhnrJoc
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Ctnnhonin D RhnrJoc
LANDMARK COMMISSION
Five(5)vacancies with terms to 11-20-23 and 11-20-24,representing the following preferred,but not required categories:1-Engineer,1-Title Search,1-At-
Large,1-Historian and 1- Real Estate.(Staff is recommending the postponement of the Engineer,At-Large and Title Search positions for further recruitment).
Duties
The Landmark Commission promotes the use of historical and cultural landmarks for the culture,prosperity,education,and general welfare of the people of the
City and visitors to the City.
Composition
Eleven(11)members are appointed by City Council by majority vote, In so far as possible,the numerical composition shall correspond to the ethnic,gender,and
economic distribution of the city according to the last Federal Census report. All members shall have knowledge and experience in either the architectural,
archaeological,cultural,social,economic,ethnic or political history of Corpus Christi.No one occupation or professional interest shall constitute a majority
membership of the commission.Membership in one or more of the following categories is preferred but not required:historians,licensed real estate
salespersons,architect,structural or civil engineer,title search business,property surveyor and members at-large. No one profession will constitute a majority of
the membership.
Member size Term Length Term limit
11 3 years 6 years
Appointing
Name District Term Appt.date End date Authority Position Status Category Attendance
Roslyn Michele Wanzer District 2 Partial 2/9/2021 11/20/2021 City Council Seeking reappointment Real Estate 5/6 meetings-83%
Dr.Christine Reiser Met the six-year service
Robbins District 4 2 5/10/2016 11/20/2021 City Council Chair limitiation Historian
Met the six-year service
Craig Thompson District 2 2 9/9/2014 11/20/2020 City Council limitiation Engineer
Vice- Met the six-year service
Randy J.Dees Sr. District 2 2 4/19/2016 11/20/2021 City Council Chair limitiation At-Large
Monica Rawlings District 5 1 2/12/2019 11/20/2021 City Council Resigned Title Search
Madeleine T Fontenot District 2 1 12/10/2019 11/20/2022 City Council Active At-Large
Dr.Ira J Freeman District 4 2 2/14/2017 11/20/2022 City Council Active Architect
Jen C.Brown District 1 1 2/9/2021 11/20/2023 City Council Active Historian
Kathleen De La Garza District 2 2 7/17/2018 11/20/2023 City Council Active At-Large
Armando Mendez District 4 1 2/9/2021 11/20/2023 City Council Active At-Large
Veronica D Wilson District 5 1 12/9/2021 11/20/2023 City Council Active At-Large
11-09-2021
LANDMARK COMMISSION
Applicants
Name District Status Category
At-Large
James H. Pruitt II District 5 Applied Historian
Roslyn Michele Wanzer District 2 Iseeking reappointment Real Estate
CITY OF CORPUS CHRISTI Submit Date: Oct 21, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Dr. James H. Pruitt II
Prefix First Name Middle Initial 'Last Name Suffix
Email Address
5909 Oso Parkway
Street Address
Corpus Christi TX 78414
City Stale Postal Code
What district do you live in?
W District 5
Current resident of the city?
Yes r No
If yes, how many years?
14
Mobile: (361) 446-1160 Home: (361) 452-2980
Primary Phone Alternate Phone
Previously a Pastor and
Currently Between Jobs Historian
Employer Job Title
Work Address - Street Address and Suite Number
5909 Oso Parkway
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78414
rlr lnmoc N Drr 6tt 11
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LANDMARK COMMISSION: Submitted
Interests & Experiences
Are you a registered voter?
r Yes (.- No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No.
Education, Professional and/or Community Activity (Present)
Ph. D., History. Texas A&M University, College Station, TX. 2011. Specializing in Modern American
Military and Diplomatic History, Progressive Era, and Great Britain. Cumulative GPA: 4. As the Engage
and Extend Pastor at Yorktown Baptist Church, I worked with the City of Corpus Christi in the Adopt a
Park Program. I have also volunteered extensively with Crossbridge Fellowship,the Station Church, and
the Pregnancy Center of the Coastal Bend. I taught history at Texas A&M University Corpus Christi and
with the University of Maryland University College in Europe and Asia.While stationed in Sicily, Italy, I
worked with Naval Air Station Sigonella to provide battlesite tours and other cultural programs.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Landmark Commission
Why are you interested in serving on a City board, commission or committee?
Yes.
jo,ad;2io;�me
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r No
nr lfamoc W Dn iitt 11
Demographics
Gender
W Male
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
rYes (-. No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r• No
Does your employer or your spouse's employer have a City contract?
rYes (-. No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes (.- No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r• No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
r)r lomoc N Dri iitt 11
Quest on applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Historian
W At-Large
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
r)r lnmoc W Ora lift 11
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
nr 1nmoc N Dri lift 11
Dr. James H. Pruitt II
5909 Oso Parkway
Corpus Christi, TX 78414
361-446-1160
EDUCATION:
Ph. D., History. Texas A&M University, College Station, TX. 2011.
Specializing in Modern American Military and Diplomatic History,
Progressive Era, and Great Britain. Cumulative GPA: 4.
Master of Arts, History. University of Kentucky, Lexington, KY. December
1994. Specialized in Modern American Diplomatic History with Yugoslavia;
substantial writing, research, interpretation, and presenting ability.
Cumulative GPA: 3.43.
Bachelor of Arts, History and Political Science. King College, Bristol, TN. May
1992. Strong liberal arts curriculum. History GPA: 4.0; Political Science GPA:
3.86; cumulative GPA: 3.87. Graduated Summa Cum Laude.
WORK EXPERIENCE:
Associate Pastor, Yorktown Baptist Church, Corpus Christi, TX. In addition
to the duties outlined for the Engage, Extend, and Equipping Pastor, new
responsibilities included the Ministry of the Word and Prayer, Preaching and
Teaching the Word of God, Pastoral Care, Disciple Making, Leadership
Development, Strategic and the Tactical Development and Employment of
volunteers, personnel, and other resources in coordination with the Senior
Pastor and Ministry Staff. Organized and led the COVID-19 Response to the
most vulnerable members of Yorktown Baptist Church. 2020-2021.
Engage and Extend Pastor - Equipping Pastor, Yorktown Baptist Church,
Corpus Christi, TX. In addition to the Engage and Extend Ministry, added
duties included organization, development, and supervision of the Adult
Bible Fellowship (including curriculum development), Adult Ministry,
Assimilation Ministry and Member Development, Discipleship, and
Leadership Development (including leadership in the Adult Bible
Fellowships, the Deacon Ministry, and the Ministry Safety Team). 2016-
2020.
Engage and Extend Pastor, Yorktown Baptist Church, Corpus Christi, TX.
Established, organized, and oversaw the Engage and Extend Ministry at
Yorktown Baptist Church. The Engage Ministry focused on engagement
between Yorktown Baptist Church and over two dozen local ministries
partners including the Pregnancy Center of the Coastal Bend, New Life
Refuge Ministries, Compassion International, Care Portal, the Station
Church, Agape Ranch, Yorktown Christian Academy, and various school and
college ministries in Corpus Christi. The Extend Ministry focused on
partnerships with local ministry partners in Mexico, the Dominican
Republic, Venezuela, Bolivia, Guatemala, India, and elsewhere. Organized
and led multiple short-term mission trips to Bolivia, Guatemala, and the
Dominican Republic in partnership with local ministry partners from the
indigenous churches and organizations. 2015-2020.
Adjunct Faculty. Texas A&M University Corpus Christi. Taught American and
European history courses. Courses included introductory level classes as
well as advanced classes dealing with the history of the United States,
Western Civilization, and Europe. 2011-2014.
History Lecturer, University of Maryland University College, European
Division. Designed and taught history courses to military and civilian
personnel stationed on Sicily, Italy, as well as via web-based distance
education to students around the world. Courses included introductory
level classes as well as advanced classes dealing with the history of the
United States, government, and politics. 2004 - 2008.
History Lecturer, University of Maryland University College, Asian Division.
Designed and taught history courses to military and civilian personnel
stationed on Okinawa, Japan, as well as via web-based distance education
to students around the world. Courses included introductory level classes
as well as advanced classes dealing with the history of the United States.
January 2000 - 2004.
History Instructor - Distance Learninq, Central Texas College, Okinawa,
Japan. Designed, implemented, and supervised joint computer / video
based introductory level courses dealing with the history of the United
States. March 2000 - June 2001.
Basic Skills Education Program Instructor, Central Texas College, Okinawa
Japan. Coordinated a self-paced course designed to teach adult students
basic skills in reading comprehension, math, and grammar. November
1999 - March 2000.
Director of Youth Services, Nathaniel United Methodist Mission, Lexington,
KY. Developing and implementing discipleship based programs aimed at
reaching inner-city youth with the life-changing message of Jesus Christ.
Coordination and utilization of community resources aimed at assisting
inner-city youth. January 1997 - August 1999.
Director of Discipleship, Nathaniel United Methodist Mission, Lexington, KY.
Designed and launched a volunteer coordination program focused on
enabling volunteers to grow and develop in their service. Organized and
maintained volunteer opportunities that reached out to inner-city residents
with the holistic gospel of Jesus Christ. May 1995 - January 1997.
Teacher, Fayette County Public Schools, Lexington, KY. Planned and
coordinated team building activities for the Creative Activities Program at
Squires Elementary School. September 1994 - May 1995.
Substitute Teacher, Scott County Schools, Georgetown, KY. Responsible for
the implementation of lesson plans and the maintenance of discipline
during the absence of the regular teacher. September 1994 - May 1995.
Resident Director and Assistant to Director of Summer Conferences. King
College, Bristol, TN. Administered and coordinated housing for participants
in summer conferences. Improved condition of residence hall; assisted
residents to make stay more enjoyable. May - August 1992, 1993, and
1994.
History Lecturer, King College, Bristol, TN. Designed and taught a course on
South Slav history. Assisted the Chairman of the Department in teaching
Elderhostel classes on Yugoslavia. Summer 1994.
Academic Tutor, Center for Academic and Tutorial Services, University of
Kentucky Athletics Association, University of Kentucky, Lexington, KY.
Supervised and instructed student athletes on completion of their basic
history requirements. August 1993 - May 1994.
Library Assistant, Special Collections Department, M.I. King Library,
University of Kentucky, Lexington, KY. Preservation of Rare Books and
Manuscripts. Performed general duties required of a librarian. August 1992
- May 1993.
Student Director of Student Activities, King College, Bristol, TN.
Administered and coordinated student activities for a campus of between
five and six hundred people. Managed a staff of over forty people; operated
with a budget of $34, 000. May 1991-May 1992.
MINISTRY, COMMUNITY, AND UNIVERSITY EXPERIENCE:
Elder, Yorktown Baptist Church, Corpus Christi, TX. January 2014 to March
2015.
Deacon, Yorktown Baptist Church, Corpus Christi, TX. 2011-2014.
Adult Bible Fellowship Teacher, Yorktown Baptist Church, Corpus Christi, TX,
2008-2021.
Mayor, Mineo Neighborhood Association, Sigonella Naval Air Station, Sicily,
Italy, 2005-2007
President, Protestant Advisory Council, Sigonella Naval Air Station, Sicily,
Italy, 2005-2007
Associate Pastor, Keystone Church of the Nazarene, Okinawa, Japan, April
2000-2002
Youth Service Center Board. Jesse Clark Middle School, Lexington, KY,
Aug.1997 - Aug.1999
Affiliate Staff, Campus Crusade for Christ, University of Kentucky, Aug.1994
- Dec.1997
History Graduate Student Association. Vice President, University of
Kentucky, 1993-1994
Student Development, King College, Bristol, TN
Executive Officer of Student Government Association, May 1991 - May
1992.
Alumni Weekend Coordinator, May 1991, 1992
New Student Orientation, August 1990.
EXPERIENCE IN THE MISSION FIELD:
Dominican Republic, Medical and Student Missions, Partnership with South
Texas Children's Home - International Ministries, Yorktown Baptist
Church, 2016-2020.
Bolivia, Partnership with Compassion International and Vida Nueva Baptist
Church, Yorktown Baptist Church, 2017-2020.
Guatemala, Church Planting and Building, Partnership with Mike and Terri
McComb and ASELSI Ministries, Yorktown Baptist Church, 2017-2020.
Venezuela, Missionary Training and Support, Partnership with Same Boat
Ministries and the Genesis Project, Yorktown Baptist Church, 2015-
2020.
Mexico, Pastor Support and Training, Partnership with Pastor Raul
Hernandez and the Mexico River Ministry, Yorktown Baptist Church,
2015-2020.
Driscoll Community Church, Church Plant, Yorktown Baptist Church, 2015-
2020.
Sicily, Italy, Protestant Advisory Council and Mineo Neighborhood
Association, Sigonella Naval Air Station, 2004-2007.
Okinawa Japan, Associate Pastor, Keystone Church of the Nazarene, 1999-
2002.
Appalachia, Spring Break, King College, Bristol, TN. 1990, 1991, 1992.
Philadelphia, Pennsylvania, Timothy Academy, King College, Bristol, TN.
May 1992.
Mexico City, Mexico, King College, Bristol, TN. May 1991.
GRADUATE ACADEMIC HONORS, GRANTS, AND FELLOWSHIPS:
Smith Richardson Foundation World Politics and Statecraft Fellowship, 2009.
George C. Marshall / Baruch Fellowship, 2009.
The West Point Summer Seminar in Military History, 2006.
PUBLICATIONS:
"The Cuban War for Independence and United States Intervention (1895-
1902)," "Albert J. Beveridge," "Elihu Root," and "Leonard Wood." In
Imperialism and Expansionism in American History: A Social, Political,
and Cultural Encyclopedia, ed. Chris Magoc (ABC-CLIO, 2015).
"Progressivism and the American Empire." In Newsletter of the Society for
Historians of the
Gilded Age and Progressive Era XVIII, no. 2 (Fall 2008): 1, 9-11.
"James Harrison Wilson." In United States at War: Understanding Conflict
and Society. 2008.
ABC-CLIO. http://www.usatwar.abc-clio.com.
"Destined for Empire." In United States at War: Understanding Conflict and
Society. 2008.
ABC-CLIO. http://www.usatwar.abc-clio.com.
"Bates Agreement," "Cuban Reciprocity Treaty," "Foraker Amendment,"
"John Brooke,"
"Leonard Wood," "Platt Amendment," "Teller Amendment," and "Treaty
of Paris" in
Encyclopedia of the Age of Imperialism, 1800-1914, ed. Carl Cavanagh
Hodge (Westport,
CT. Greenwood Press, 2008).
STAFF RIDES AND SEMINARS CONDUCTED:
History and Archeology of Israel, Yorktown Baptist Church, Corpus Christi,
TX.
World War II Invasion of Sicily Staff Ride and Seminar, Naval Air Station
Sigonella,
Conducted for the U.S. Navy, U.S. Army, and U.S. Marine Corps.
The Peloponnesian War in Sicily (Syracuse), Naval Air Station Sigonella.
Art and Architecture of the Renaissance in Pisa and Florence, Italy, Naval Air
Station Sigonella.
CONFERENCE PAPERS DELIVERED:
"The Right Way, The Wrong Way, and The Army Way: Democracy Building in
Cuba, 1898-
1902"
■ Society for Military History,
Conference, April 2009
"Washington's Forgotten Maxim: Theodore Roosevelt and U.S. Army
Reform"
■ Society for Military History,
Conference, February 2005
"Children of the Dragon's Blood: Theodore Roosevelt as Historian"
■ Popular Culture Association /
American Culture Association, April 2004.
"Dawn of a New Era: Great Britain and the Balance of Power, 1900-1907"
■ Southern Conference on
British Studies, Memphis, November 2004
�onference
Ninth Annual Barnes Club
at Temple University, February 2004.
HONORS:
Smith Richardson Foundation World Politics and Statecraft Fellowship, 2009
George C. Marshall / Baruch Fellowship, 2009
The West Point Summer Seminar in Military History, 2006
Plaque of Appreciation, Naval Air Station Sigonella (2007)
Hometown Hero Award, Becker Law Office and WKYTTV, March 1997
Honors in Independent Study, King College, 1992
Presidential Scholarship and Mansford Gutzke Scholarship, 1989 - 1992
Women's History Club Scholarship and Humana Foundation Scholarship,
1991-1992
The John W. Burgess Award, 1992
CITY OF CORPUS CHRISTI Submit Date: Oct 06, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Roslyn Michele Wanzer W
First Name Last Name Stix
Email Address
1959 Saratoga Blvd#19
Street Address
Corpus Christi TX 78417
City State Postal Code
What district do you live in?
W District 2
Current resident of the city?
r• Yes (- No
If yes, how many years?
47
Mobile: (361) 765-4570 Home: (361) 854-0121
Primary Phone Alternate Phone
Mike Wanzer A/C Co Inc Secretary
Employer Jon Title
Work Address - Street Address and Suite Number
1959 Saratoga#19
Work Address - City
Corpus Christi
Work Address - State
Tx
Work Address - Zip Code
78417
CJnclxin AAirholo \A/nn-7or %A/
Work Phone
361-854-0121
Work E-mail address
michele@wanzer.com
Preferred Mailing Address
W Work Address
Which Boards would you like to apply for?
LANDMARK COMMISSION: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
High School Grad, some College, Realtor and Self Employed (Secretary) American Legion Auxillary
Secretary
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Landmark
Why are you interested in serving on a City board, commission or committee?
Yes
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r• No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r• No
Qnclxin AAinholo \A/3n-7or \A/
Demographics
Gender
W Female
Code of Ethics- Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes (.- No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
n/a
Board-specific questions (if applicable)
Dnclxin Uirhnlo Mnn-7or \A/
Ouesfon applies to LANDMARK COMMISSION
The Landmark Commission preferred representatives from certain categories. Do you qualify
for any of the following categories?
W Licensed Real Estate Salesperson
Verification
City Code Requirement- Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Dnchin AAirholn Won-7or \A/
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Rnclwn AAirhain \A/nn-7or \A/
LIBRARY BOARD
Five(5)vacancies with terms to 11-5-23.
Duties
The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services.
Composition
Nine(9)voting members which nine(9)members shall be appointed by the City Council with terms of two(2)year or until a successor is appointed.A member in
each of the following categories is preferred but not required:La Retama Club and Friends of the Corpus Christi Public Libraries Board.
Member size Term length Term limits
9 2 years 6 years
Appointing
AttendanceName District Term Appt.date End date Authority Position Status Category
9/12 meetings-75%
Nicole Carroll District 4 2 11/7/2017 11/5/2021 City Council Seeking reappointment (3 excused absences)
Vickie C.Natale District 2 1 11/6/2019 11/5/2021 City Council Seeking reappointment 12/12 meetings-100%
10/12 meetings-83%
Julie T Rogers District 1 2 11/7/2017 11/5/2021 City Council Seeking reappointment (2 excused absences)
Veronica Towns District 5 113artial 2/23/2021 11/5/2021 lCity Council Seeking reappointment 8/8 meetings-100%
Candace S.Hart District 1 2 9/20/2016 11/5/2021 City Council Resigned
Friends of the
Sharron K.Hines District 4 1 2/23/2021 11/5/2022 City Council Active Libraries Board
Ida A.Hobbs District 5 2 2/12/2019 11/5/2022 City Council Active
Alice Nixon I District 5 3 6/14/2016 11/5/2022 CityCouncil Chair Active La Retama Club
Dora A.Wilburn District 2 1 2/23/2021 11/5/2022 City Council Active
11-09-2021
LIBRARY BOARD
Applicants
Name District Status
Pooja Bindingnavele District 4 Applied
Nicole C. Carroll District 4 Seeking Reappointment
Marcia B. Hart District 4 Applied
Breanna Martinez District 3 Applied
Vickie C. Natale District 2 Seeking Reappointment
Elizabeth Perez District 4 Applied
Julie T. Rogers District 1 Seeking Reappointment
Veronica Towns District 5 Seeking Reappointment
CITY OF CORPUS CHRISTI Submit Date: Jun 09, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Pooja Bindingnavele
First Name Last Name
Email Address
309 Cape Cod
Street Address
Corpus Christi TX 78412
City State Postal Code
What district do you live in?
W District 4
Current resident of the city?
r Yes r No
If yes, how many years?
13
Home: (626) 975-4372 Home: (626) 975-4372
Primary Phone Altemate Phone
Corpus Christi Institute of
Cosmetic& Plastic Surgery COO
Employer Job Title
Work Address - Street Address and Suite Number
5642 Esplanade Dr.
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78414
D�nin Rinrlinnnn%iolo
Work Phone
361-888-7417
Work E-mail address
office@corpusplasticsurgery.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Are you a registered voter?
(-. Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
I hold a Bachelor's Degree in Biochemistry with a minor in Biology and Women's studies and a Certificate
in the History and Philosophy of Science. I sit on the boards of all 3 PTAs of the schools that my children
attend as well as the Communities in Schools Board, the Women's and Men's Health Services Board and
the Nueces County Medical Society Alliance.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
NA
Why are you interested in serving on a City board, commission or committee?
As an avid reader and mother of 5 young readers I frequent the library on a regular basis.The library
provides so many amazing things in our community and I would like to help sustain and grow its influence
and utility in our community especially as were are thrust more and more into a digital age. I believe my
unique perspective having used libraries around the globe will be beneficial to the Corpus Christi Library
Board.
�Plcad5
Are you an ex-Officio member of a City Board, commission or committee?
Yes (-. No
Dnnin Rinrlinnnnxinln
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r No
Demographics
Gender
W Female
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r: No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r• No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r• No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r: No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r• No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Dnnifa RinrJinnnn%/n1n
Question applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Dnnin Rinrlinnnn%/nIo
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Dnnin RinrJinrrn��iolo
Poo a Bindingnavele
(626)-975-4372
Education-
Arizona State University, 2002 - BS in Biochemistry with a Minor in
Biology and a Certificate in the History and Philosophy of Science, summa
cum laude
Arizona State University, 2004 - Teaching Certificate, summa cum laude
Work Experience-
Chemistry Teacher- Vogelweh High School- Vogelweh, Germany Spring
semester 2004
Chief Financial Officer- The Center for Plastic Surgery - August 2010-
February 2013
Chief Operations Officer- The Corpus Christi Institute of Cosmetic & Plastic
Surgery January 2010-Present
Leadership Corpus Christi- Class of 2020, Class 48
Most Recent Volunteer Experience-
Nueces County Medical Society Alliance- President 2016-2017,
Parliamentarian 2017, Board Advisor 2019-present, Active board member for
the past 8 years
Windsor Park Elementary PTA - Red Ribbon Week Chair-2014-2016
Educational Support Chair- 2017-current
Created STEAM Day for the Corpus Christi Community-STEAM Day consists
of Science, Technology, Engineering, Art & Math at various stations
throughout the day.
Baker Middle School PTA- Recording Secretary2015-2017 Funding
Advisory Board Chair 2017-present
W.B. Ray High School- Legislative Support Committee 2018-present
Women's and Men's Health Services- Member Board of Directors 2010 to
present
Communities in Schools- Board of Directors from 2017 to present
School Health Advisory Committee- Served on the SHAC from 2014-2016
junior League of Corpus Christi- Active member 2010-2017, Sustaining
Member 2017-present
Alpha Child- Vice President 2017-2018, Secretary and Community Projects
Chair 2016- 2017
Destination Imagination- Team Manager 2014-present
Classical Indian Dance: 2014 - present
Started the Navele School of Dance
Perform in various functions locally, as well as globally
Teach young children in the community the ancient art of Bharatanatyam
(the oldest classical dance of India).
Guest lecture once a semester at TAMUCC for their International Dance
Program as well as lecture at various dance schools around the city.
Organized guest artists from India to come to Corpus Christi to put on dance
performances and workshops.
CITY OF CORPUS CHRISTI Submit Date: Oct 13, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Mrs Nicole C Carroll JD
Prefix First Name Middle Initial last Name Saff:.x
Email Address
15921 San Felipe Dr
Street Address
Corpus Christi TX 78418
City State Postal Code
What district do you live in?
W District 4
Current resident of the city?
r Yes r No
If yes, how many years?
getting close to seven years
Mobile: (712) 790-0832 Mobile: (712) 790-1266
Primary Phone Alternate Phone
Not currently employed retired
Employer Job Title
Work Address - Street Address and Suite Number
15921 San Felipe Dr
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78418
KArc Nlirrnln (' (`nrrnll 1r)
Work E-mail address
regentcarroll@gmail.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
None at this time
Education, Professional and/or Community Activity (Present)
am an attorney currently licensed in Iowa and Wisconsin, although I am in inactive status in Wisconsin. I
am the past President of one of the PEO chapters in Corpus Christi (a philanthropic educational
organization supporting the education of women). Until the Pandemic, I volunteered once a month at the
Loaves and Fishes soup kitchen with other members of my church, and also provided periodic volunteer
service at the local Ronald McDonald House (such as helping decorate and undecorate for the holidays,
making special meals and donating money). I occasionally helped package lunch sacks for the Salvation
Army, also through my church, and belonged to a number of small special interest groups through New
Neighbors League of Corpus Christi. Many of these activities are currently on hiatus, but I will
undoubtedly return to them if the Pandemic ever allows.
Why are you interested in serving on a City board, commission or committee?
As you can see from my resume, I have served both as a member of a local community school board for
12 years in the State of Iowa(the last six of which I served as president of the Board) and as one of nine
members of the Board of Regents of the State of Iowa for a little over three years, until I resigned in order
to move to Texas. In Iowa,the Board of Regents is responsible for the governance of the three state
universities, as well as the now-combined school for the deaf and blind students K-12. In addition, I served
the City of Carroll, IA on the Parks and Recreation Committee for several years, and as President of that
committee during a portion of that time. So I well know how rewarding volunteer service for governmental
agencies can be, and am familiar with the proverbial "hot seat'that such service may yield. I enjoy the
challenge of service, knowing that you can not please all of the people all of the time, but you must still
persevere in doing what you think is right and appropriate for the situation at hand.As I enjoy my visits to
the couple Corpus Christi libraries with which I am familiar, am a life-long reader, and have a skill set
which I could put to use on the Library Board, I am interested in serving my community in this manner.
'_Jvc id gcs"-le.
I%Arc Niirnlo (` r'nrrnll In
Are you an ex-Officio member of a City Board, commission or committee?
r Yes (.- No
Demographics
Gender
W Female
Code of Ethics- Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes (-. No
Do you, your spouse, your business or your spouse's business have a City contract?
(- Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r•' No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r• No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r- No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
Not applicable given answers above.
Board-specific questions (if applicable)
KArc K irnlo r' r'nrrnll 1r)
Question applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
KArc r\lirnlo r (`orrnll lrl
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
KArc Nlirnln (' (`farrnll lr)
Personal
Nicole C. Carroll
15921 San Felipe Drive
Corpus Christi,TX 78418
(712) 790-0832
Currently licensed to practice law in Iowa; inactive member of the Wisconsin Bar
Married 43 years to John R. Carroll, MD
Mother of Dr. Nathan, age 39; Dr. Neil, age 37; Dr.Joy, age 34; and Dr.Justine, age 34
Education
Juris Doctor Degree from University of Iowa College of Law, 1979
Bachelor of Science Degree from Iowa State University, 1974
High School Diploma from Roland-Story High School, 1971
Professional Experience
Tax preparer during tax season for H & R Block, Carroll, IA, 2008-2010
Substitute Teacher Associate, Carroll Community Schools, 1993-94
Corporate Attorney for a bank holding company in Milwaukee, WI, 1979-1982
Summer Intern in General Practice Law Office in Adel, IA, 1977-78
Lifestyle Editor, Newspaper Reporter for Boone News Republican, '74-'76
Intern at ISU Extension Information Office writing press releases, 1973-74
Past Volunteer Experience
Board Member, Corpus Christi Library Board, 2017-present
Regent, Iowa Board of Regents for state universities, schools for Deaf and Blind, 2011-14
Court Appointed Special Advocate (CASA program in Iowa), 2008-2014
Board of Directors, Carroll Community Schools, (IA) 1994-2006
President of Board, 2000-2006
Member of numerous school committees, 1992-2006
Chair of Parks, Recreation and Culture Board, City of Carroll (IA), 2008-13
Assistant Attorney Coach, Carroll High School Mock Trial, 2002-2005
Member of Pastoral Search Committee, St.John Lutheran Church in Carroll, IA, 1997
Girl Scout Leader, 1995-97
Cub Scout Den Mother, 1990-94
Secretary and Member of Parent-School Cooperative, early 1990's
Chair of Book Fairs and Geography Bees
Coach of Destination Imagination/Odyssey of the Mind several years
Treasurer,St.John Lutheran Church, Carroll, IA, 1983-1989
Board Member, Carroll Day Care Center, mid-1980's
United Way committee member, mid 1980's
Professional Associations
Iowa State Bar Association, 1984-present
Wisconsin Bar Association, 1979-present
CITY OF CORPUS CHRISTI Submit Date:Jul 02, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Ms. Marcia B Hart
Prefix First Name Middle Initial Last Name
Email Address
9 Townhouse Lane
Street Address
Corpus Christi TX 78412
City - - State Postal Code
What district do you live in?
W District 4
Current resident of the city?
r Yes r No
If yes, how many years?
6
Home: (361) 452-3017 Mobile: (469) 386-2033
Primary Phone Alternate Phone
(Former) Quality Manager-
Retired Medical Technologist
Employer Jon Title
Work Address - Street Address and Suite Number
9 Townhouse Ln
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78412
KAc AAnrrrin R Wart
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Are you a registered voter?
rYes rNo
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
BS Degree, Iowa State University, Chemistry and Biochemistry Presently Active in New Neighbors
League of Corpus Christi Prior to Covid, I took courses at TAMUCC in my areas of interest and served as
assistant in the Forensic Science classes.
Why are you interested in serving on a City board, commission or committee?
I have been a life long user/supporter of libraries. No matter where I lived, I have had and used a library
card since I was five years old. I was active in the Friends of the Library in Cedar Hill, Texas during the
years I lived there (2008-2015). Now that I am retired, I feel I should give back to the library to repay the
many years of library enjoyment.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r• Yes r No
Demographics
Gender
J Female
Code of Ethics- Rules of Conduct/Conflicts of Interest
nnc nnnre R Wart
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
rYes r' No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r• No
Does your employer or your spouse's employer have a City contract?
r Yes r: No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Queston applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
KAP KAnrrin R Hort
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
KAc KAnrr-in R Wart
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
AAc AAnrrin R Wart
Marcia B Hart
9 Townhouse Ln, Corpus Christi, TX 78412
Home Phone: 361-452-3017
Cell Phone:469-386-2033
Email:
Availability: Part Time
Work Experience: Ideagen Inc 1/2016-Present
Washington, DC
Professional Services Consultant
Professional Services Consultant for Ideagen Inc. Ideagen supplies laboratories with software providing Document
Control, Issues and Actions documentation, and Audit software. I work on a consultant basis providing training to
laboratories who have purchased Proquis and Pentana software. I also help laboratory personnel configure the
software to the individual needs of each laboratory.
Work Experience: Pathology and Laboratory Services,VA Medical Center 12/2008-1/2016(Retirement)
Dallas, Texas
Quality Management Technologist
Quality Management Technologist for the Pathology and Laboratory Medicine Service(P&LMS)VA North Texas
Health Care Center, I consistently ensured that the monthly service Quality Assurance workgroup agenda, quality
indicators, data spreadsheets,tracking/trending analysis of quality data, and resolution or workgroup issues tasks
were performed timely. I routinely maintained a laboratory quality improvement system and ensured monitoring of
components and customer feedback to: Implement effective processes and system controls to ensure the highest
possible product quality, service quality,and patient safety; detect and prevent errors in laboratory practice; reduce
process variations that can cause errors; improve efficiency of processes without sacrificing quality or safety;
comply with all applicable laws, regulations, policies, precedents, and accreditation requirements.
I coordinated the P&LMS Proficiency Testing Program, ensuring that all testing deficiencies are fully resolved,
documented,and submitted for review by the appropriate clinical section director. I routinely acted as ancillary
testing program consultant in areas of quality control/assurance, records control, proficiency testing, inspection,
and accreditation to all levels of the organization. I consulted with section supervisors, lead technologists, and
quality control technologists to address issues, concerns, provide guidance, and offer suggestions for continued
quality improvement and interacted as needed with facility Quality Management Service to supply data, analysis, or
resolve quality concerns.
I provided verbal and/or written information that was thorough and correct, using clear and precise communication
methods to ensure that customers understand. I willingly accepted duties and responsibilities and offered
assistance to co-workers. I served as the Proquis Document Control Administrator ensuring that all P&LMS
documents and users were entered correctly into the system and reviewed in a timely fashion as required by the
College of American Pathologists.
Dept.of Path., US Naval Hospital 12/2002-05/2006
Agana Heights, GU United States
Quality Assurance Coordinator
My commitment at USNH-G was divided: 50% Blood Bank QA/Pl, 40% Laboratory QA/PI, and 10% POCT
Administration. Blood Bank consisted of both Donor Center and Transfusion Services with both Whole Blood and
apheresis platelets being collected by the Donor Center. I supervised 26 military lab technicians in the areas of
Quality Control(QC), Competency Verification, Proficiency Testing (PT), and adherence to CAP,AABB, FDA and
all other regulatory Standards.As POCT Administrator, I supervised 180 operators at 16 hospital sites and one
branch clinic(BMC). I performed instrument and method validations and verifications as well as correlations and
linearities for all instrumentation. I troubleshot instrument function, calibration, QC and PT irregularities. In BB I
validated procedures to assure specific processes produced products meeting regulatory and quality specifications.
I developed and monitored the BB training program, including GMP, competency verification and DBSS,to ensure
compliance with regulatory requirements. I am proficient in use of CHCS and DBSS to prepare transfusion and look
back reports. I performed in-service education and training for all techs in all areas except A&P. I wrote, reviewed
and revised SOP's in accordance with regulatory requirements and maintained the document control index for all
SOP's and forms. I monitored all documentation for completeness and accuracy, assuring that procedures were
followed for donor suitability, blood collection, manufacturing, product testing, patient testing, storage, distribution,
releases and computer documentation of blood and blood products. I reviewed, investigated and applied indicated
corrective action in cases of manufacturing or issuing errors and accidents.
I monitored the Proficiency Testing program, ensuring timely submission of data,thorough review of results and
performing necessary follow-up for discrepancies. I administered and supervised the QA/I program. I designed
performance improvement(PI) initiatives, collected required data and evaluated effectiveness of initiatives.
1
Laboratory Services, US Army Health Clinic 06/1997-12/2002
Vicenza,Vicenza Italy
Laboratory Manager
At US Army Health Clinic-Vicenza(VCZ), I supervised 3 Med Technologists, 3 Med Technicians, and 1 Lab Clerk. I
served as the Technical Supervisor to the US Army Health Clinic at Livorno(LVO)supervising 2 Military Med
Technicians at that facility. I designed and wrote laboratory procedures(SOPs)for new methodology and
instrumentation. I reviewed and modified yearly over 200 SOPs. I established Quality Control(QC)systems for new
methodology and instrumentation. I monitored QC systems and measures by approving all QC data and test results
daily. I reviewed QC data and Preventive Maintenance documentation weekly and monthly.As Laboratory Manager,
I managed the personnel and financial resources of the laboratory. I prepared and submitted to the Commander an
estimated budget each year taking into account personnel; instrumentation operation, maintenance, purchase and
replacement costs.Throughout the year I monitored the budget to ensure we were within our estimates. I prepared
personnel schedules incorporating the time restraints imposed by regulation on civilian, military and local national
technicians and technologists. I wrote and revised job descriptions, initiated recruiting actions, interviewed and
selected personnel for vacancies as they occurred. I was able to avoid paying overtime to full time employees by
the utilization of volunteers and part time employees.With careful scheduling I was able to train new employees,
perform CAP mandated competency verification and perform continuing medical education activities within the
regular work schedule of all personnel. I revised existing administrative policies and wrote new one as the need
arose. Laboratory administrative policies were submitted to the Commander for endorsement. As I have served as a
CAP Inspector and prepared labs for much inspection, I have extensive knowledge and understanding of JCAHO
Standards, CAP Standards,the Clinical Laboratory Improvement Program(CLIP)and other regulatory requirements
for clinical/laboratory audits and evaluations. In the inspection of the VCZ laboratory,June 2002, the inspector found
no deficiencies and had no recommendations.We were awarded a perfect score The LVO laboratory had only three
findings for an overall excellent inspection.
Dept.of Path., US Army Hospital 12/1995-06/1997
Landstuhl, Germany
Supervisory Medical Technologist
I supervised 7 civilian and military laboratory technicians and technologists. I know and understand reference
standards, medico-legal requirements, regulatory and accrediting agency(JC, CLIP and CAP)requirements with
regard to performing and monitoring diagnostic tests. Supervisory Functions: outlined assignments, set deadlines
and priorities,and modification of existing methods when unusual problems or circumstances are encountered. I
performed the necessary validity, accuracy, precision and correlation studies to bring the Triage Urine Drug Screen
Panel on line.
I instructed students and new employees on basic theory,technical skills,troubleshooting and applications of all
instrumentation and methods.Confirmed and certified test results before they were released to physicians and other
health care providers. Daily and weekly, I monitored QC and patient test data. Determined corrective action when
QC values fell outside acceptable limits.As POCT coordinator, I conducted monthly Train the Trainer classes on
glucometers, reviewed monthly QC, advised site managers concerning necessary improvements, performed
periodic site inspections,troubleshot instrumentation problems and prepared site managers for pending inspections.
Dept.of Path,US Air Force Medical Center 04/1994-12/1995
San Antonio,TX United States
Quality Improvement Coordinator
My position was composed of two jobs: Department of Pathology QI Coordinator(55%)and point of Care Testing
(POCT)Coordinator(45%). 1 monitored department programs and activities to ensure that all aspects, of laboratory
work, both intra departmental and interdepartmental,were being performed according to College of American
Pathologists(CAP)guidelines, Health Services Management Inspection (HSI)regulations, Clinical Laboratory
Improvement Program (CLIP)guidelines and Joint Commission (JC)guidelines. Maintained the database
documenting the current competency of all Department of Pathology personnel.As POCT Coordinator, I monitored
31 POCT sites. Tests performed include: urine dipstick analysis,whole blood glucose, gastric and occult blood,
spun hematocrits, hemoglobin, and activated clotting time. I trained all POCT program managers. I wrote, reviewed
and updated Operating Instructions for all tests done as part of the POCT program. I created data record forms,
inspected testing sites on a routine basis, and documented whole blood glucose CAP proficiency testing three times
a year. I maintained POCT databases showing patient, control and error data for each site.
Education: TAMUCC Corpus Christi,TX United States
Postbaccalaureate Student 2016-Present
Med Tech Program/Wichita Falls General Hospital Wichita Falls, TX United States
Professional 07/1987
University of Nebraska At Omaha Omaha, NE United States
Some College Coursework Completed 06/1986
Iowa State University,Ames, IA United States
Bachelor of Science, Chemistry and Biochemistry, 1966-1970
2
CITY OF CORPUS CHRISTI Submit Date:Jan 07, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Breanna Martinez
First Name Last Name
Email Address
3718 Mendenhall
Street Address
Corpus Christi TX 78415
Cit; State Postal Code
What district do you live in?
W District 3
Current resident of the city?
Yes r No
If yes, how many years?
24
Mobile: (361) 688-9565 Home: (361) 855-1925
Primary Phone Alternate Phone
Full Time Student_
Employer
Work Address - Street Address and Suite Number
n/a
Work E-mail address
n/a
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Rronnnin KAnrtino-7
Are you a registered voter?
(.- Yes (- No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
I am a full time Pre Law student at Del Mar
Why are you interested in serving on a City board, commission or committee?
I am very passionate about reading and learning. I spent most of my years as a child visiting public
libraries. I would love to help bring back the momentum for public libraries. I am also hoping to get
experience in working on boards.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
Yes r No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
� Yes r No
Demographics
Gender
W Female
Code of Ethics- Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
Yes t No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes (.- No
Rronnnn Unrtino-7
Does your employer or your spouse's employer have a City contract?
r Yes � No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes t: No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes (-. No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r• No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Question applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
Rrofannn NAnrtino-7
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Rronnnn Unrtino-7
Breanna W. Martinez
phone: 361-688-9565 e-mail:
3718 Mendenhall Corpus Christi, TX 78415
OBJECTIVE To use my skills in the best possible way for achieving the
company's goals.
EDUCATION Blessed John Paul II High School graduated
May 2014
-Corpus Christi
Del Mar College -Biology Major 2019-
PERSONAL ♦ Strong organizational skills and attention to detail.
SKILLS ♦ Excellent communication skills.
♦Ability to analyze and solve problems in a constantly changing environment.
♦ Goal oriented individual.
♦ Self motivated individual and able to motivate others.
♦ Provide excellent customer service and ability to ensure customer satisfaction.
♦ Strong team player with the ability to work well in any environment to complete
tasks on a deadline while working efficiently using a high degree of initiative
without supervision.
PROFESSIONAL EXPERIENCE
Baldwin & Crosstown Animal Clinic -Veterinary Technician- Corpus Christi, Texas
2019
• Doing workup exams on patients
• Administering vaccinations and medications
• Assisting Doctors in exams and during surgeries
• Answering phones, booking appointments
• Clean equipment, prepare surgical packs
• Clean exams rooms and kennels
• Provide medical care to patients
Third Coast Spray Tans & More - Stylist/Manager-Corpus Christi, Texas
2017
• Spray Tanning, Makeup Applications, Hair Updos
• Sell tanning and makeup retail
• UV Tanning Consultant
• Inventory, sales reports
• Open/Close Register daily
• Social media marketing
Things Remembered - Sales Representative- Corpus Christi, Texas
2016
• Greet customers and inform them of running sales and promotions
• Help customers pick out products
• Help customers fill out customization forms for engravings
• Keep sales floor organized and clean
• Answer phones and call customers when their engravings were ready
Murdock's Sports Bar-Waitress/Bartender-Corpus Christi, Texas
2015
• Taking people's drink orders
• Handling money
• Mixing and preparing drinks and cocktails
• Cleaning and sanitizing bar and equipment
The Woodhouse Day Spa—Concierge/Makeup Artist-Corpus Christi, Texas
2012-2016
♦Achieved highest retail sales
♦Trained makeup artists
♦Key holder/opening&closing spa
♦Closing register/daily deposits
+Trained new hires
♦Coaching/Counseling employees
Superior Designers- Office Manager-Corpus Christi, Texas
2012-2018
*Scheduling appointments
*Filing paperwork
*Run copies &review house plans with clients
*Cleaned &maintained office
*Managed employee schedules
REFERENCES
Carson Delgado Sun Optics- sales Associate 361-688-
3870
Cari Casas Herrman & Herrman,PLLC- Marketing Assistant 361-834-4556
Amanda Perez Woodhouse Day Spa-LMT 361-658-
5517
CITY OF CORPUS CHRISTI Submit Date: Oct 12, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Dr. Vickie C. Natale
Prefix First Name Middle Initial Last Name
Email Address
142 Naples St.
Street Address
Corpus Christi TX 78404
City State Postal Code
What district do you live in?
W District 2
Current resident of the city?
Yes r No
If yes, how many years?
43 years; 30 years in current residence
Home: (361) 549-5285 Home: (361) 888-9430
Primary Phone Alternate Phone
retired Assistant Vice President
Employer Joo`itle
Work Address - Street Address and Suite Number
retired
Work E-mail address
retired
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
nr \iif-Uio r nintnio
Are you a registered voter?
r• Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
Degrees: B.A. in Mathematics and Psychology from Baylor University; M.B.A.from TAMUCC; Ed.D.from
Texas Tech University I served as an administrator at Del Mar College for 33 years, and I was an AVP at
Northern Kentucky University for six years. I retired from higher education administration in 2017. 1 am a
member of the American Association of University Women (AAUW) and have been involved in the
organization's community service activities. I assist with quarterly book sales at Neyland Library to raise
funds for college scholarships and to provide donations to the Library. I have participated in community
outreach activities at the YWCA that promote self-esteem and respect for disadvantaged pre-teen girls. I
have created a website for the AAUW Corpus Christi Branch which helps increase the visibility of the
organization and demonstrates to the local community the mission and purpose of the organization. In
2021, 1 assisted AAUW in establishing an endowed scholarship at TAMUCC with $12,000 and a second
endowed scholarship at Del Mar College with$10,000. 1 am a member of the League for Women Voters,
and I served on the committee that developed the display at the Nueces County Courthouse celebrating
the 100th anniversary of women's right to vote in 2020. Lastly, I am a member of the Nueces County
Genealogical Society which meets at La Retama Library.
Why are you interested in serving on a City board, commission or committee?
I am a strong supporter of education, having worked 40 years in higher education. Increased levels of
literacy and education in our community will create a better educated workforce, which will lead to
improved economic development for our region. Libraries are the backbone of a good educational system.
All education levels, pre-k through graduate education, need the support of strong, community-based
libraries, like the Corpus Christi Public Library. From special programs offered at the library that inspire
young children to enjoy reading to the advanced resources needed by college students to complete their
studies,the library serves a vital function for our community. As a frequent patron of the Corpus Christi
Public Library, I am interested in helping to promote the Library's mission for all of our citizens, and I have
the energy and skills to serve the board well.
Upload a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes r• No
Demographics
Gender
W Female
nr Wif-UAo (- nin+nio
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r• No
Does your employer or your spouse's employer have a City contract?
r Yes (-. No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r• No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
no"yes" answers
Board-specific questions (if applicable)
Question appkes to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
nr virUio r nintnio
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
nr \iirL-in r n1!3rnio
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
nr vir-Uio r nintnio
Vickie C. Natale, Ed.D.
142 Naples St., Corpus Christi,TX 78404 1 (361) 549-5285 1 W—W
EDUCATION
Ed.D. Texas Tech University, Lubbock, TX
Doctorate of Education in Higher Education Administration
M.B.A. Texas A&M University—Corpus Christi
Business Administration
B.A. Baylor University, Waco, TX
Mathematics and Psychology, magna cum laude
SUMMARY OF PROFESSIONAL EXPERIENCE
Northern Kentucky University 2011-2017
• Assistant Vice President, Planning& Institutional Research
• Executive Director, Planning and Performance
Del Mar College 1978-2011
Served in a variety of administrative positions over 33 years:
• Dean of Administrative Services
• Director of Accreditation and Compliance Services
• Director of Institutional Effectiveness
• Director of Planning and Institutional Research
• Coordinator of Testing
Corpus Christi State University (now TAMUCC) 1982- 1983
• Adjunct Faculty, Department of Business
Baylor University 1976- 1978
• Statistics Lab Instructor, Department of Psychology
Resume: Dr.Vickie C. Natale Page 1
SELECTED PROFESSIONAL ACTIVITIES & COMMUNITY ENGAGEMENT
2017-present Webmaster and member, American Association of University Women (AAUW)
2008-present Member,Texas Association of Chicanos in Higher Education (TACHE) DMC Chapter
2010-2011 Chair,Texas Association of Chicanos in Higher Education (TACHE) Textbook Scholarship
Fundraiser
2014-2016 Executive Workgroup, Kentucky Council on Postsecondary Education (CPE) Performance
Funding Model
2015-2016 Advisory Committee, Kentucky Council on Postsecondary Education (CPE) Strategic
Planning Metrics
2014-2017 Chair, Northern Kentucky University President's Data Team
2015-2017 Chair, Northern Kentucky University Management Dashboard Implementation Steering
Committee
2014-2017 Co-chair, Northern Kentucky University Data Governance Committee
2012-2013 Ex-officio, Northern Kentucky University Strategic Planning Committee
2014-2015 Editor, Northern Kentucky University's NCAA Institutional Performance Program Self-
Study
2008-2011 Accountability Measures Committee,Texas Higher Education Coordinating Board Large
Colleges Group
2010-2011 Staff Advisor and Provost Liaison, Del Mar College Curriculum Committee
2007-2011 Chair, Del Mar College SACS Accreditation Compliance Team
1996-2009 Chair, Del Mar College Council for Planning and Institutional Effectiveness
1989-present President, Past-president, Secretary,Treasurer, and emeritus member, Texas
Association for Institutional Research
2004 Founding Member, Del Mar College Friends of Music
2003-2006 Academic Booster, W.B. Ray High School
2002-2003 Committee Member,Texas Association of Community Colleges Economic Impact Study
2000 Outstanding Member Award recipient,Texas Association for Institutional Research
1999-2006 Band Booster, W.B. Ray High School and Baker Middle School
1994-2003 Troop Leader, Girl Scouts of the USA, Paisano Council
PUBLICATION
Natale, V. C. &Jones, S. J. (2017). Impact of institutional and student characteristics on Texas
community colleges under the state's performance funding model. Community College Journal of
Research and Practice, 42:10, 660-677, DOI: 10.1080/10668926.2017.1352543
GRANT
Report on retention and graduation of students from urban core schools in Cincinnati/Northern
Kentucky region who enroll at Northern Kentucky University. Principle Investigator for
StrivePartnership grant funded through KnowledgeWorks,July, 30, 2015 ($15,000).
Resume: Dr.Vickie C. Natale Page 2
CITY OF CORPUS CHRISTI Submit Date:Jan 06, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Elizabeth Perez
First Name Last Name
Email Address
434 Montclair Dr
Street Address
CORPUS CHRISTI TX 78404
City State Postal Cede
What district do you live in?
W District 4
Current resident of the city?
r• Yes r No
If yes, how many years?
39
Home: (361) 207-0157 Business: (361) 882-4357
Primary Phone Alternate Phone
Herrman & Herrman PLLC Intake Manager
Employer _ Job Title
Work Address - Street Address and Suite Number
434 Montclair Dr
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78412
Dli��hoth Doro-7
Work Phone
3618824357
Work E-mail address
Lizperez@herrmanandherrman.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
None
Education, Professional and/or Community Activity (Present)
I attended and graduated from Incarnate Word Academy in 1999. 1 currently work for Herrman & Herrman,
PLLC and I recently ran for City Council, At-Large. I would like to stay active with our community and
serve on a city board.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
Library Board Crime Control & Prevention District
Why are you interested in serving on a City board, commission or committee?
have a deep passion for our city and I believe I can help do some good for our community by lending my
voice, ideas and opinions.
Are you an ex-Officio member of a City Board, commission or committee?
Yes � No
Demographics
�H-7nhnth Dorn-7
Gender
W Female
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
GIi-7nhoth Dorn-7
Question applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
Question applies to MARINA ADVISORY COMMITTEE
The Marina Advisory Committee preferred representatives from certain categories. Do you
qualify for any of the following categories?
W None of the above
Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX
(For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces
County?
r• Yes r No
Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX
(For Port of CC) Have you been a resident of Nueces County for at least 6 months?
r Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
G1i-7!3hoth Dorn-7
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
9 1 Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
�Ii7nhoth Dorn-7
CITY OF CORPUS CHRISTI Submit Date: Oct 11, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Julie T Rogers
First Name Middle Iniiial Last Name
Email Address
710 Furman Ave.
Street Address
Corpus Christi TX 78404
City State Postal Code
What district do you live in?
W District 1
Current resident of the city?
t•' Yes r No
If yes, how many years?
6
Home: (361) 461-1967 Mobile: (361) 461-1967
Primary Phone Alternate Phone
Retired Retired
Employer Job—',de
Work Address - Street Address and Suite Number
710 Furman Ave
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78404
1i ilio T Dnrvorc
Work E-mail address
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
N/A
Education, Professional and/or Community Activity (Present)
BA Spanish, BA Anthropology, MA Spanish Arts, MA Applied Anthropology
Why are you interested in serving on a City board, commission or committee?
I want to serve Corpus Christi. My husband and I chose to retire here because we love this City. It has
given us so much, and I want to give back. I think that supporting our arts and libraries and increasing
literacy, knowledge, readership, and library participation is the best way I can do that. Thank you for your
time and consideration.
Upload a rResume
Are you an ex-Officio member of a City Board, commission or committee?
Yes r No
Demographics
Gender
W Female
Code of Ethics- Rules of Conduct/Conflicts of Interest
1i ilio T Dnnnrc
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r• No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes t-. No
Does your employer or your spouse's employer have a City contract?
r Yes (- No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes (-. No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r• No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Queston applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
L ilio T Dnngarc
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. 1
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. 1 hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
li ilio T Dnrinrc
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Ii ilio T Drvnorc
Julie Travis Rogers
1324 N. Mesquite St.
Corpus Christi, TX 78401
(361) 371-5047 home
(361) 461-1967cell
JOB EXPERIENCE, EDUCATION AND TRAINING
National Nurses United: Organizer(November 2008—retirement in March 2017)
• Represented Registered Nurses in advocating for their patients, public health and
safe patient care.
Service Employees International Union: Organizer (June 2004- September 2008)
• Represented Public Service Sector Employees in San Antonio, TX. in advocating
for and achieving quality public services.
Master of Arts in Anthropology (May 2004)
University of Memphis, Tennessee
Urban Track in Applied Anthropology program (2002-2004)
• Had emphasis on qualitative research methods.
• Completed practicum with La Maestra, a non-profit educational and language
learning community-based organization, resulting in a Program Evaluation
Report.
• Acquired English as a Second Language Teaching and Training.
• Passed Comprehensive Exam in Applied Anthropology and Anthropology of the
South.
Executive Director of the Mid-South Peace and Justice Center (2001-2002)
Memphis, Tennessee
• Implemented Civil Rights Oral History Project with YWCA.
• Started Global Goods Fair Trade Store with First Congregational Church.
• Started Grow Memphis Urban Garden Program and Food Not Bombs.
• Served on Board of Directors of Tennessee Industrial Renewal Network.
Master of Arts in Spanish (2001)
University of Arkansas, Fayetteville,Arkansas
• Prepared for and achieved experience as Spanish Instructor.
• Passed Comprehensive Exam in Spanish and Latin American literature.
Bachelor of Arts in Anthropology with a Minor in Classical Studies (2001)
University of Arkansas, Fayetteville,Arkansas
Bachelor of Arts in Spanish and Latin American Studies (1998)
University of Arkansas, Fayetteville,Arkansas
1
AWARDS, PRESENTATIONS, DISTINCTIONS AND FELLOWSHIPS
Paper Presentation at Society for Applied Anthropology National Meeting (March 2004)
• Session title: "Creating Connections: Learning Advocacy in Low-Income
Communities."
• Paper title: "Survival English: Incipient ESL Programming In Memphis."
Graduate Assistant for Dr. Jane Henrici (2003-2004)
Anthropology Department, University of Memphis
• Duties included course preparation for spring semester class on Culture and
Transnational Processes; research on globalization, poverty and immigration; and
assisting in production of final manuscript for publication.
Graduate Assistant for Dr. Melissa Checker (2002-2004)
Anthropology Department, University of Memphis
• Duties included research; reviewing and proofing articles written by Dr. Checker;
facilitating and compiling an appendix of environmental justice groups for a book
that will be published in 2005; co-editing and publishing departmental newsletter;
creating flyers and announcements.
Teaching Assistant for Dr. Stanley Hyland Spring (2003)
Anthropology Department, University of Memphis
• Helped to prepare and coordinate syllabus for course entitled "Neighborhood
Development and Poverty;" co-wrote tests, graded, acted as liason between
students, professor and nonprofit organizations.
University of Arizona Fellowship for Fourth Annual Meeting on the Border Environment
in Tijuana, Mexico (May 2003)
Stanley Foundation Grant for "National Training of Trainers in Human Rights Program"
at the University of Minnesota Human Rights Center (August 2001)
Teaching Assistantship in Spanish Department (1998-2000)
University of Arkansas, Fayetteville
• Taught six semesters total of Remedial, Beginning and Intermediate Spanish to
classes of 25-35 students, two classes per semester
Phi Beta Kappa (1998—present)
✓ Arts and Science Honor Society
Sigma Delta Pi (1996—present)
✓ Spanish Honor Society
✓ 1997 National Scholarship for Study in Mexico
Pi Beta Delta (1995—present)
✓ International Studies Honor Society
2
Samuel C. Dellinger Award for Outstanding Anthropology Major (1998)
Dr. & Mrs. Burns Ewart Scholarship for Outstanding Anthropology Major (1996, 1997)
Lisa Huffington Duque Scholarship for Outstanding Spanish Major (1995, 1997)
Holly Turner Meek Scholarship for Outstanding Foreign Language Major (1995)
INTERESTS AND GOALS
I believe that our cities and communities are like an extended family, and we can thrive
when we support each other with resources, development, planning and nourishment and
support for growth. Corpus Christi is growing up and is maturing into an even more
shining gem by the sea with such vision, which is why we moved here permanently in
2015.We need to continue to increase our literacy rates though and move our libraries
and creative institutions forward for workforce development, as well as to retain and
attract new urban pioneers.
My dedication, background and education in labor, human rights, and applied and
urban anthropology of the South enable me to participate fully on the Corpus Christi
Public Library Board. I can do outreach, fundraising, conduct research and interviews,
and work with other Board Members and the City Council. I am especially qualified and
interested in issues of literacy, the arts, urban and community development and public
policy with these credentials:
• Program Evaluator
• Applied Anthropologist
• ESL Instructor and Spanish Instructor
• Labor Representative
• Certified Facilitator and Trainer
• Certified Trainer of Trainers in Human Rights Education and former Member of
Amnesty International Network of Human Rights Educators
3
CITY OF CORPUS CHRISTI Submit Date: Oct 14, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Veronica Towns
First Name Last Name
Email Address
6162 Misty Meadow Rd Apt 1115
Street Address Suite or Apt
Corpus Christi TX 78414
City State Postal Code
What district do you live in?
W District 5
Current resident of the city?
r Yes r No
If yes, how many years?
43
Mobile: (361) 563-6129 Home: (361) 563-6129
Primary Phone Alternate Phone
Freelance Copywriter, Small
Self Employed Business Owner
Employer Job Tale
Work Address - Street Address and Suite Number
6162 Misty Meadow Rd Apt 1115
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78414
\/ornnir-n Tn%Ainc
Work Phone
N/A
Work E-mail address
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
LIBRARY BOARD: Submitted
Interests & Experiences
Are you a registered voter?
r• Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
Currently I am a board member for the Women's Entrepreneur Society. I just completed Leadership
Corpus Christi (Class 48)
Education, Professional and/or Community Activity (Present)
Small business owner. Proud participant of Loca for Local and other local markets. Del mar COLLEGE
2010 1 Associate of Arts degree in Journalism Major:Journalism Minors:TV Production, Advertising and
Media Relations, Graduated with honors. Stark University: Diploma in Ministry: 2012 Currently pursuing
bachelor's degree in Global Ethics. Board Member Women's Entrepreneurial Society 2020, Leadership
Corpus Christi 2019 World Vision; YWCA(Board Member);Tacos Not Bombs; For the Love of Strays;
Journey to Damascus;Walk to Emmaus; Rachel's Vineyard; Kairos Outside; and Brown Bag Challenge.
Habitat for Humanity. Graffiti Clean Up. Clothing drives for Women's Shelter. Clothing drives for homeless
community. RAMP it UP! (Built porch wheelchair ramp for elementary student.) Beach clean ups. Years of
working with various local animal rescues. Most recently volunteered for KEDT 2020 Class Brew.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
1. Human Relations 2. Library I would be honored and happy to work on any of the boards I am applying
for. I am eager to increase my community involvement and help where I can. I promise to bring all of my
energy, creativity, knowledge and kindness to any board I am chosen to serve on.
Why are you interested in serving on a City board, commission or committee?
As a Corpus Christi native, I am in love with this city and the community. The more involved in the city I
become the more involved I want to be. I see such good in the people here and such potential for Corpus.
It's hard to ignore the positive momentum that is building. The air is filled with energy and excitement as
we grow and work hard towards better days. I have much experience and knowledge to give as a board,
commission and committee member. But most of all I have much heart, grace and empathy to give.
\/ornnir-n Tn%ninc
Upicad a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes `' No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
(-. Yes r No
Demographics
Gender
W Female
Code of Ethics- Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r• No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes (.- No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
Uarnninn Tn1A/nc
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Question applies to LIBRARY BOARD
The Library Board preferred representatives from certain categories. Do you qualify for any
of the following categories?
W None of the above
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65,which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
\/ornnirn Tn%ninc
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Warnninn Tn%A/nQ
Veronica Towns
7822 Grizzley Drive,Corpus Christi,Texas 78414 1 (361)563-6129 1 veronica@veronicatowns.com
Skills
Microsoft Word,GSuite(Calendar,Sheets,Documents,Powerpoint,Boomerang,etc.),Trello,Asana,Slack,Glip,
Sproutsocial,Planoly,Social0omph,Buffer,Hootsuite,Teamwork PM,Zoho(Social,Invoices,People,Cliq,Campaigns,
Meetings,Workdrive,Projects),Mailchimp,Zoom,Voxer,RingCentral,Intervals,vCita,mylnterview,SparkHire,
PaySimple,RightSignature,PicMonkey,Patriot,Adobe Suite and SurveyMonkey.I have worked in Wordpress,
Squarespace,Shopify,iMovie,Gimp,Photoshop and Canva.
Experience
FREELANCE WRITER/CREATIVE CONSULTANT I NOVEMBER 2015-PRESENT
Versatile creative writer with experience developing content for a broad spectrum of clients,including public and private
organizations.Experience in developing a wide variety of creative content including articles,blogs,newsletters,press
releases,speeches,commentaries,social media,video scripts,advertisements and other promotional materials.
Founder and content creator of original blog and newsletter focused on providing inspirational content,health and
wellness information,and motivational life coaching.
Popular columnist,with prior experience including an original monthly column on weight loss for FYI Magazine and a
weekly column for local college publication.
Well versed in video production and currently serve as a director's assistant on a variety of short films.
Provider of consistent writing support for various local organizations.
Innovative entrepreneur,writer and designer of a variety of promotional products,including apparel and giftware.
VIRTUAL GAL FRIDAY/REMOTE/EXECUTIVE COORDINATORS AUGUST 2018-December 2019
Handle all on/off boarding of employees including;writing job descriptions,interviews,background checks,orientation
and training.Facilitate all meetings between management and staff,schedule client consults,oversee client relations,
handle payroll and billing. Manage social media and handle travel arrangements and day to day schedule for CEO.
Responsible for all office duties such as shipping out equipment and ordering supplies.Developed HR department.
GREER INC.j VIRTUAL/PERSONAL ASSISTANT I NOVEMBER 2015-JANUARY 2017
Wrote and edited copy for client speeches,newsletters,and advertisements.Handled payroll,new hire on-boarding and
various administrative tasks. Created graphics/copy for advertising.
REPUBLIC OF TEXAS BAR&GRILL I FINE DINING SERVER I MAY 2006-NOVEMBER 2015
Ensured memorable dining experiences for patrons and provided high quality service;promoted teamwork with staff.
COASTAL BEND CENTER I VOLUNTEER COORDINATOR I JULY 2008-OCTOBER 2010
Created and organized citywide volunteer events.Wrote press releases and other promotional materials.Served as
spokesperson for news appearances across local media channels and as a featured speaker at school and other civic
events to encourage the spirit of volunteerism.Recruited volunteers,raised funds,managed budget and garnered
sponsors.
Education
DEL MAR COLLEGE 12010 1 ASSOCIATE OF ARTS DEGREE IN JOURNALISM
Major:Journalism Minors:TV Production,Advertising and Media Relations,Graduated with honors.
Activities and achievements:Student Government,Journalism Club,Speech Club,Billiards Club.First place photo essay
(TIPA),Honorable Mention Radio Announcing(TCCJA).Chosen as one of 50 students nationwide to attend Unity'08,
seven day journalism course in Chicago hosted by AAJA,NAJA and NAHJ.
SPARK UNIVERSITY1 AT PRESENT I BACHELOR OF SCIENCE DEGREE
Major:Currently pursuing bachelor's degree in Global Ethics.
Board Member Women's Entrepreneurial Society 2020-Present,NAACP 2020-Present,Leadership Corpus Christi
Alumni 2020-Present,Leadership Corpus Christi 2019-2020,Copy Cure Copy 2020,B-School 2015,Daily Love
Mastery Program 2014,Unity'08 Journalists for Diversity 2008
Volunteer Activities
ACTIVE VOLUNTEER IN NUMEROUS ORGANIZATIONS
Offer significant time,effort and use of talent to support many volunteer organizations.Some of these include:World
Vision;YWCA(Board Member);Tacos Not Bombs;For the Love of Strays;Journey to Damascus;Walk to Emmaus;
Rachel's Vineyard;Kairos Outside;Brown Bag Challenge and Pride Corpus Christi.
REINVESTMENT ZONE NO.2(ISLAND)BOARD
Ten(10)vacancies with terms to 11-1-2023,representing the following categories:9-City and 1-Nueces County Representative appointed by the City Council.
Appointment of Chairman for a term of one-year beginning January 1,2022.(Historically,Council Members have been appointed to the board.)
Duties:
The Reinvestment Zone No.2(Island)Board shall make recommendations to the City Council concerning the administration of the zone. The Board shall prepare and
adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011,
Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by
ordinance or resolution.
Composition
The Board shall consist of at least five and not more than fifteen(15)members. The members shall be appointed as follows:Pursuant to Sec.311.009(a),Tax Code,the
respective governing bodies of each taxing unit other than the City each may appoint one(1)member of the board. A taxing unit may waive its right to appoint a
Director.The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten(10)members,and the
board shall exceed fifteen(15)members if necessary for the City Council to make said ten(10)appointments. To be eligible for appointment an individual must be a
qualified voter of the City or be at least 18 years of age or older and own real property in the zone.Each year the governing body of the municipality or county that
created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Boa rd of
Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other
officers as it considers appropriate.
Member Size Term Length Term limit
14 2 N/A
Appointing
Name Term Appt.date End date Authority Position Status Category Attendance
Roland Barrera 2 11/2/2019 11/1/2021 City Council Eligible for reappointment City
Paulette Guajardo 2 11/2/2019 11/1/2021 City Council Eligible for reappointment City
Gil Hernandez 2 11/2/2019 11/1/2021 City Council Eligible for reappointment City
Michael T.Hunter 2 4/12/2016 11/1/2021 City Council Eligible for reappointment City
Billy Lerma 1 2/9/2021 11/1/2021 City Council Eligible for reappointment City
John Martinez 1 2/9/2021 11/1/2021 City Council Eligible for reappointment City
Ben Molina 2 11/2/2019 11/1/2021 City Council Eligible for reappointment City
Mike Pusley 1 2/9/2021 11/1/2021 City Council Vice-Chair Eligible for reappointment City
Greg Smith 2 11/2/2019 11/1/2021 City Council Chair Eligible for reappointment City
Brent Chesney 1 2/18/2020 11/1/2021 City Council Seeking reappointment Nueces County 5/5 meetings-100%
Barbara Canales 2 11/2/2018 11/1/2022 INueces County I JActive Nueces County
11-9-2021
Appointing
Name Term Appt.date End date Authority Position Status Category Attendance
Laurie Turner 1 2/9/2021 11/1/2022 Del Mar College Active Del Mar College
Nueces County
Sylvia A Tryon Oliver 1 9/26/2019 11/1/2022 Nueces County Active Hospital District
Jim Needham 2 1/31/2019 11/1/2022 Flour Bluff I.S.D. Active Flour Bluff I.S.D.
11-9-2021
REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
Five(5)vacancies with terms to 11-1-2023,representing the following categories:3-City,1-Texas State Aquarium Representative and 1-USS Lexington
Representative.Appointment of Chairman for a term of one-year beginning January 1,2022.(Historically,Council Members have been appointed to the board.)
Duties
The Reinvestment Zone No.4(North Beach)Board shall make recommendations to the City Council concerning the administration of the Zone.The Board shall prepare
and adopt a project plan and reinvestment zone financing plan for the Zone,and submit the plans to the City Council for its approval under Section 311.011,Texas Tax
Code.The City Council specifically authorizes the Board to approve agreements that the Board considers necessary or convenient to implement the project plan and
reinvestment zone financing plan and achieve their purposes.Any amendments to the project plan and/or reinvestment zone financing plan must be approved by
ordinance of City Council.
Composition
The Board shall consist of fifteen(15)members.The Board shall be appointed as follows:Pursuant to Section 311.009(a),Tax Code,the respective governing bodies of
each taxing unit other than the City that levies taxes within the Zone each may appoint one member of the Board if the taxing unit has approved the payment of all or
part of the tax increment produced by the unit into the tax increment fund for the zone. These entities include:Del Mar College and Nueces County.Each governing
body may waive its right to appoint a director.The remaining members of the Board are appointed by the City Council.To be eligible for appointment an individual
must be 18 years or older of age and be a resident of the county in which the zone is located or own real property in the zone,whether or not the individual resides in
the county in which the zone is located.The City Council shall have the right to appoint at least ten(10)members,with one reserved for a representative from Nueces
County,and the board may exceed fifteen(15)members if necessary,for the City Council to make said ten(10)appointments.Terms of Board members are two years.
Terms must be staggered,with the first term of 8 City Council appointees being for one year.Officers must be appointed as provided in the Act.Each year the governing
body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1
of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the
Chairman. The board may elect other officers as it considers appropriate.Per staff's recommendation on 11-12-2019 the following composition was approved for City
positions:9-City Council members,1-2 -Nueces County Representative(s),1-Community member(Must be a resident within the TIRZ),1-Texas State Aquarium
Appointee,1-Lexington Appointee.
Member size Term Length Term limit
15 2 years N/A
Appointing
AttendanceName Term Appt.date End date Authority Position Status Category
Paulette Guajardo 1 11/12/2019 11/1/2021 City Council Eligible for reappointment City
Billy Lerma Partial 2/9/2021 11/1/2021 City Council Chair Eligible for reappointment City
Mike Pusley Partial 2/9/2021 11/1/2021 City Council Eligible for reappointment City
Director of Texas State
Tom Schmid 1 11/12/2019 11/1/2021 City Council Resigned Aquarium
Director of USS
Steve Banta 11 11/12/2019 11/1/2021 ICity Council I ISeeking reappointment Lexington 7/9 meetings-78%
11-9-2021
Appointing
Name Term Appt.date End date Authority Position Status Category Attendance
Roland Barrera 2 11/12/2019 11/1/2022 City Council Active City
Gil Hernandez 2 11/12/2019 11/1/2022 City Council Active City
Michael T.Hunter 2 11/12/2019 11/1/2022 City Council Active City
John Martinez 1 2/9/2021 11/1/2022 City Council Active City
Ben Molina 2 11/12/2019 11/1/2022 City Council Active City
Greg Smith 2 11/12/2019 11/1/2022 City Council Active City
Barbara Canales 2 11/12/2019 11/1/2022 City Council Vice-Chair Active Nueces County
Kenneth Berry 1 2/9/2021 11/1/2022 City Council Active Community Member
Robert Hernandez 1 10/18/2021 11/1/2023 Nueces County Active Nueces County
Carol Scott 2 2/4/2020 11/1/2023 Del Mar College Active Del Mar College
11-9-2021
REINVESTMENT ZONE NO. 4(NORTH BEACH) BOARD
Applicants
Name District Status
Gordon S Awsumb District 5 Applied
Steve Banta District 5 Seeking reappointment
Jesse Gilbert Other/ Non-Resident Texas State Aquarium Representative
Carrie R Meyer District 1 Applied
CITY OF CORPUS CHRISTI Submit Date: Nov 20, 2020
Application for a City Board, Commission, Committee or Corporation
Profile
Mr. Gordon S Awsumb 11
Prefix First Name Middle Inmal Last Name Su!4i7
Email Address
1 Virgina Hills Drive
Street Address
Corpus Christi TX 78414
City State Postal Code
What district do you live in?
W District 5
Current resident of the city?
1: Yes (- No
If yes, how many years?
1
Mobile: (612) 685-2210 Home: (612) 685-5809
Primary Phone Alternate Phcne
Awsumb &Associates Inc President
Employer Job`!tle
Work Address - Street Address and Suite Number
1 Virgina Hills Dr
Work Address - City
Corpus Christi
Work Address - State
Tx
Work Address - Zip Code
78414
AAr (,nrr r%n C AIA/CI tmh 1 1
Work Phone
6126852210
Work E-mail address
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted
Interests & Experiences
Are you a registered voter?
r Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
Before I moved to Corpus Christi in November of last year I had been members of the following at one
time or another: St. Croix County Wisconsin County Board Supervisor St. Croix County Economic
Development Agency Board St. Croix County Board of Health St. Croix County Watershed Committee
Town of Kinnickinnic Road Committee North East Minneapolis Community Development Corporation
Board
Education, Professional and/or Community Activity (Present)
President of Awsumb&Associates, Inc. and Multistate Opportunity Zone Fund, LLC 44 years of
experience in commercial and residential real estate asset management, development, acquisition,
leasing, sales, property and construction management of millions of square feet of properties.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
At this time I would like to be a part of the North Beach Reinvestment zone board. I have purchased land
on North Beach to construct rental real estate on. I'm continuing to pursue other opportunities there as
well is the coastal Bend.
Why are you interested in serving on a City board, commission or committee?
I have extensive experience, knowledge and track record in urban redevelopment that I think can be
valuable to the city of Corpus Christi.
Are you an ex-Officio member of a City Board, commission or committee?
r• Yes r No
KAr (,nrt1nn C 0\A/CI imh 1 1
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r• Yes r No
Demographics
Gender
W Male
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NQ" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
AAr r;nrrJnn C AIA/CI imh 11
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
Are you 18 year or older?
(.- Yes r' No
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
The Reinvestment Zone No. 4 must include a Community Member who must be a resident
and own or lease property within the Reinvestment Zone No.4. Do you qualify?
r: Yes r• No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
hAr r_nrrinn C A%A1C11mh 11
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which 1 seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
KAr (_nrrinn C AMICI imh 1 1
CITY OF CORPUS CHRISTI Submit Date: Oct 06, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Steve Banta
First Name Last Name
Email Address
4833 Wooldridge Rd.
Street Address
Corpus Christi TX 78413
Clty State Postal Code
What district do you live in?
W District 5
Current resident of the city?
r Yes r No
If yes, how many years?
7
Mobile: (904) 472-7443 Business: (361) 888-4873
Primary Phone Alternate Phone
USS Lexington Museum Executive Director
Employer Joo-'..ile
Work Address - Street Address and Suite Number
P.O. Box 23076
Work Address- City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78403-3076
Ctoxio Ranter
Work Phone
361-888-4873 x310
Work E-mail address
steveb@usslexington.com
Preferred Mailing Address
57 Work Address
Which Boards would you like to apply for?
REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted
Interests & Experiences
Are you a registered voter?
r• Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
TIRZ#4
Education, Professional and/or Community Activity (Present)
- Retired Navy. Last job held was Commanding Officer of NASCC. - Member of the South Texas Military
Task Force. - Member of TIRZ#4. - Member of CC Rotary.
If you applied for multiple boards, which boards are you most interested in serving on, in
order of preference? (Limit to top three)
VCC TIRZ#4
Why are you interested in serving on a City board, commission or committee?
My position on the LEX, one of the premier tourist attractions in Corpus Christi, makes me uniquely suited
to serve the city with VCC &TIRZ#4. I've been told that serving on the TIRZ#4 board will still allow
serving on other boards, such as VCC.
Are you an ex-Officio member of a City Board, commission or committee?
r Yes � No
Cfinwn Rnntn
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r Yes r No
Demographics
Gender
W Male
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes (.- No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r: No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r: No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. if you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
Ctovo Rnntn
Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU
The Convention & Visitors Bureau Board must include representatives from certain
categories. Do you qualify for any of the following categories?
W Attraction Industry
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
Are you 18 year or older?
(-. Yes (- No
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
The Reinvestment Zone No. 4 must include a Community Member who must be a resident
within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment
Zone No.4 (North beach). Do you qualify?
Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
Cto%ia Pfantf3
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation)for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
Cto%io Rnntn
CITY OF CORPUS CHRISTI Submit Date: Oct 11, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Jesse Gilbert
First Name Last Name
Email Address
2710 North Shoreline Blvd
Street Address
Corpus Christi TX 78402
City State Postal Cc de
What district do you live in?
W Other/ Non-Resident
Current resident of the city?
r- Yes r No
Business: (361) 881-1215 Mobile: (36.1) 834-54.50
Primary Phone Alternate Phone
Texas State Aquarium Chief Operating Officer
Employer Job Title
Work Address - Street Address and Suite Number
2710 North Shoreline Blvd
Work Address - City
Corpus Christi
Work Address - State
Texas
Work Address - Zip Code
78402
Work Phone
(361) 881-1215
iocco r_ilhort
Work E-mail address
jgilbert@txstateaq.org
Preferred Mailing Address
W Work Address
Which Boards would you like to apply for?
REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted
Interests & Experiences
Are you a registered voter?
(.- Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
No
Education, Professional and/or Community Activity (Present)
Worked in aquarium/zoological profession for 20 years. Master of Science in Fisheries, will complete a
Master of Business Administration in 2022.
Why are you interested in serving on a City board, commission or committee?
To advance North Beach development.
Uplcad a Resume
Are you an ex-Officio member of a City Board, commission or committee?
r Yes (.- No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
r• Yes r No
Demographics
locco r;ilhort
Gender
W Male
Code of Ethics- Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes (- No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes (-. No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes (.- No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
ioceo rilhort
Queston applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
Are you 18 year or older?
(.- Yes r No
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
The Reinvestment Zone No. 4 must include a Community Member who must be a resident
within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment
Zone No.4 (North beach). Do you qualify?
r Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
Incco (=iIhort
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. 1 hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
I swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
ioceo (_ilhort
JESSE T. GILBERT
508 Pinehurst Avenue, Portland Texas 78374
(361) 834-5450 ►
EXECUTIVE SUMMARY
Accomplished and experienced leader and executive. Highly skilled at leading teams to meet and
exceed organizational objectives.
Expertise and Qualifications
Executive Leadership• Strategic Business Planning• Non-Profit Leadership • Business Growth
Team Management• Branding• Public Speaking •Animal Management • Conservation • Operations
Crisis Management• Budget Management• External Partnerships • Exhibit Design
PROFESSIONAL EXPERIENCE
Texas A&M University—Corpus Christi February 2018—present
Adjunct Faculty
Develop and deliver undergraduate and graduate level course in Aquarium Sciences. Participate on
graduate students' graduate committees.
Texas State Aquarium
Senior Vice President and Chief Operating Officer September 2015—present
Provide leadership and drive the Aquarium's execution of the Mission and strategic plan. Formulate
and communicate institutional priorities, directions, and criteria through implemented operational
plans.
Leadership
■ Provide overall vision and leadership of the Animal Care, Wildlife Rescue, Operations, and
Education departments including 150 employees and a total budget of$7 million.
■ Develop and deliver Board of Director reports and act as staff liaison to the Board of Directors
subcommittees for Animal Wellness and Conservation.
■ Implemented the annual Objectives and Key Results process that promotes collaboration
between departments during goal setting and key performance indicator evaluation.
■ Ensured a high-quality guest experience that increased Net Promotor Score by 16 points to 87.
Partnerships
■ Developed and executed the partnership with Texas A&M University—Corpus Christi, leading
to formal courses taught at the Aquarium and the hiring of STEM degree seeking students.
■ Developed and executed the partnership with Texas A&M University— Kingsville's Veterinary
Technology program providing students veterinary medicine rotations through the Aquarium's
animal hospitals.
■ Developed the Aquarium-Park Partnership with the National Park Service and the Aquarium-
Sanctuary Partnership with the National Oceanic and Atmospheric Administration.
■ Led the successful application to the Manatee Rescue and Rehabilitation Partnership securing
the Aquarium's place as the only manatee facility on the Gulf of Mexico coast outside of
Florida.
Conservation and Wildlife Rescue
■ Developed the Aquarium's Conservation strategic plan that led to the creation of the Texas
State Aquarium Institute for Wildlife Conservation.
■ Developed the Wildlife Care, Conservation, and Research Fund and advisory committee that
distributed over$425,000 to field conservation research projects.
■ Created the Aquarium's conservation research program that supports the field and on-site
research conducted with university partners.
■ Developed the industry's first animal welfare assessment tool for fish and invertebrates
leading to the creation of the Coral Welfare Color Monitoring system.
■ Developed the Aquarium's Wildlife Rescue branding and operating plan including large-scale
response to wildlife disasters.
■ Implemented initiatives that decreased wildlife rescue patient costs by 45%, while increasing
successful wildlife releases by 20%.
Financial Sustainability
■ Implemented a financial digital dashboard program that streamlines financial analysis and
communication with department managers.
■ Led the development of the Exclusive Encounters program that generates $100,000 annually.
Vice President and Chief Operating Officer July 2013—September 2015
Provided leadership to the aquarium's operations departments including Animal Care, Physical Plant,
Safety, and Parking/Security. Responsible for the strategic planning of the operations divisions,
including long-term goal setting and capital projects. Operated as the owner's representative for a
$60 million expansion.
Director of Animal Husbandry May 2010—July 2013
Planned and directed the operations of the Animal Husbandry department including Animal Care,
Dive Operations, Public Programming, Veterinary Care, and Life Support Operations/Water Quality.
Participate in Aquarium strategic planning and project development. Developed and chaired the
Aquarium research program. Developed and distributed an animal care operations manual.
Curator of Fishes and Reptiles May 2009—April 2010
Managed the daily operations of the fish and reptile department. Developed department annual
goals and budget. Increased marine specimen capacity and develop/execute the aquatic collection
plan. Design and install aquatic life support systems.
Senior Aquarist January 2005—May 2009
Mentor junior aquarist and develop operating procedures for aquatic quarantine and life support
operations. Coordinate aquatic maintenance projects with other aquarium departments. Installed
marine invertebrate exhibits and propagation systems.
Aquarist July 2003—December 2004
Responsible for the maintenance of coral exhibits, reserves, and propagation systems. Present daily
educational presentations to aquarium visitors.
Tulsa Zoo and Living Museum
Lead Zookeeper of Aquariums and Children's Zoo January 2002—June 2003
Procure department supplies and participate in budget and expenditure tracking. Leak zookeeper of
Children's Zoo department covering daily husbandry and training of hoof stock, otters, and
kangaroos.
Aquarist January 2001—January 2002
Responsible for the husbandry of marine invertebrate systems and marine quarantine systems.
EDUCATION
Master of Business Administration,Texas A&M University—Corpus Christi, anticipate Spring 2022
Master of Science in Fisheries and Mariculture, Texas A&M University—Corpus Christi, 2014
Bachelor of Science in Marine and Field Science, Texas A&M University—Corpus Christi, 2007
Associates in Biology,Tulsa Community College, 2002
BOARD AND COMMITTEE SERVICE
Board Member ActionSteps Counseling
Board Member Wildlife Restoration Foundation
Member Association of Zoos &Aquariums Animal Welfare Committee
Member Association of Zoos &Aquariums Aquarium Affairs Committee
PROFESSIONAL ACTIVITIES AND AFFILIATIONS
Association of Zoos &Aquariums
■ Professional Fellow
■ Accreditation inspector
■ Pathway Towards Membership coach—two facilities
PADI Dive Professionals
■ Open water SCUBA certification
CITY OF CORPUS CHRISTI Submit Date:Jan 20, 2021
Application for a City Board, Commission, Committee or Corporation
Profile
Carrie R Meyer
First Name Middle Initial Last Name
Email Address
4401 GULFBREEZE BLVD.
Street Address
CORPUS CHRISTI TX 78402
City State Postal Code
What district do you live in?
W District 1
Current resident of the city?
(-. Yes r No
If yes, how many years?
19
Mobile: (361)442-0628 Mobile: (361) 815-9754
Pnmary Phone Alternate Phone
THIRD COAST PHOTO OWNER, PHOTOGRAPHER
Emolover Jon Title
Work Address -Street Address and Suite Number
4401 Gulfbreeze Blvd.
Work Address - City
Corpus Christi
Work Address - State
TX
Work Address - Zip Code
78402
('nrrio R KAoxior
Work Phone
3614420628
Work E-mail address
thirdcoastphoto@gmail.com
Preferred Mailing Address
W Home/Primary Address
Which Boards would you like to apply for?
REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted
Interests & Experiences
Are you a registered voter?
Yes r No
Do you currently serve on any other City board, commission or committee at this time? If so,
please list:
Currently serving on the North Beach TIRZ 4 Board, which is what I am applying for here-to renew my
term.
Education, Professional and/or Community Activity (Present)
Secretary of neighborhood group(NORTH BEACH COMMUNITY ASSOCIATION) KITESURFER,
SAILOR, KAYAKER, SURFER, BEACH LOVER, ENVIRONMENTALIST BACHELOR'S DEGREE IN
COMMUNICATIONS FROM UT AUSTIN, 1984
Why are you interested in serving on a City board, commission or committee?
Because decisions made by this committee impact the neighborhood I live in where I own property and
where my husband and I are raising our son.
Are you an ex-Officio member of a City Board, commission or committee?
r Yes c No
No person shall be appointed by the Mayor or Council Members to serve on more than one
board, commission, committee or corporation at the same time. If you currently serve as a
voting member for a board, commission, committee or corporation are you willing to resign
your current seat to serve on another board, commission, committee or corporation?
c Yes r No
('nrrio R KAjawnr
Demographics
Gender
W Female
Code of Ethics - Rules of Conduct/Conflicts of Interest
Do you represent any person or organization in any claim or lawsuit or proceeding involving
the City?
r Yes r No
Do you, your spouse, your business or your spouse's business have a City contract?
r Yes r No
Does your employer or your spouse's employer have a City contract?
r Yes r No
Are you involved with any activities or employment that would conflict with the official
duties on the City boards for which you are applying?
r Yes r No
Are you, your spouse, your business or your spouse's business involved in any pending
bid, proposal or negotiation in connection with a contract with the City?
r Yes r No
Do you or your spouse have a pending claim, lawsuit or proceeding against the City?
r Yes r No
If you answer "Yes" to any of the questions above, please explain or ask to speak with the
City's Legal Department. If you answer "NO" to all questions above, please enter N/A.
N/A
Board-specific questions (if applicable)
r'nrrio Q hAiawnr
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD
Are you 18 year or older?
r• Yes r No
Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH,BOARD
The Reinvestment Zone No. 4 must include a Community Member who must be a resident
and own or lease property within the Reinvestment Zone No.4. Do you qualify?
r•' Yes r No
Verification
City Code Requirement - Residency
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-65, which states that all members of City boards and commissions,
including ad hoc committees, appointed by the City, must be residents of the city. A move
outside the city limits of the city by any member shall constitute automatic resignation from
the particular board or commission on which such member served.
W I Agree
City Code Requirement - Attendance
As a board, commission, or committee member, you will be asked to adhere to City Code of
Ordinances, Section 2-61, which provides that absences from more than 25% of regularly
scheduled meetings during a term year on the part of any board, commission, or committee
member shall result in an automatic termination. An absence shall be deemed unexcused
unless excused by the board, commission or committee for good cause no later than its
next meeting after the absence.
W I Agree
(rarrio D nnox/or
Consent for Release of Information
I understand that if any member of the public makes a request for information included in
this application or in any attachment (e.g. resume or supporting documentation) for
appointment it is subject to and must be disclosed under the Texas Public Information Act. I
understand that under the Texas Public Information Act, my home address and home
telephone number is subject to public disclosure unless I am elected or appointed to the
position which I seek. I hereby consent to the release of my home address and home
telephone number should it be requested under the Texas Public Information Act prior to my
possible appointment or election. I hereby release the City of Corpus Christi, and its agents,
employees and officers, from any and all liability whatsoever if the information must be
released pursuant to the Texas Public Information Act.
W I Agree
Oath
1 swear that all of the statements included in my application and attached documents, if any,
are true and correct.
W I Agree
('nrrio R KAoxior
�US Com,`
O
E
v
AGENDA MEMORANDUM
IS52
Action Item for the City Council Meeting of November 9, 2021
DATE: November 1, 2021
TO: Peter Zanoni, City Manager
FROM: Steve Viera, Assistant City manger
StevevCa)-cctexas.co m
361-826-3445
The Establishment of City Health
Department
CAPTION:
One-reading ordinance creating the Corpus Christi Health Department; amending the City of Corpus
Christi Operating Budget for the Fiscal Year 2021-2022; providing for Health Department general fund
positions (grant-funded positions will be addressed in subsequent ordinances); and providing for
assignment and acceptance of grants.
SUMMARY:
The new City Health Department will provide Health Services to the citizens of Corpus Christi. The
City's withdraw from the Public Health District becomes effective on January 18, 2022.
Funding previously allocated to the City's participation in the Health District will be redirected to the
Health Department, effective January 18, 2022. Lastly, the ordinance authorizes the City Manager to
execute all documents necessary to accept assignment of grants that were originally to the Corpus
Christi-Nueces County Health District.
BACKGROUND AND FINDINGS:
The City of Corpus Christi will establish its own Health Department for the purpose of maintaining and
expanding public health services for the City of Corpus Christi. For the last forty years the Corpus
Christi-Nueces County Health District has been a partnership serving the residents of Corpus Christi
and throughout that time many programs and services have been implemented to keep our community
safe and informed of all public health issues. However, with a growing population and a need to be
more efficient the City of Corpus Christi has decided to create a new City Health Department that will
ensure that the residents of Corpus Christi receive the highest level of services. Thus, the City has
notified the Health District of its withdrawal and the partnership with Nueces County will end in the next
90-days effective January 18, 2021.
With the creation of this new department, the City will amend the 2021-2022 operating budget
authorizing City positions be created for staff. This will provide the opportunity to deliver the highest
standard of services by implementing programs, utilizing grants, and procuring assets that will promote
a stronger and more efficient public health department. Amending the operating budget will be vital for
the city of Corpus Christi to continue its work servicing the community without out any fears of
disruption to any current services being provided. This will allow the City to transition to a better
business model that is currently being utilized by the other seven largest cities in Texas and promote
accountability as well as fiscal responsibility.
ALTERNATIVES:
We do not create City Health Department and returning to the Health District.
FINANCIAL IMPACT:
Funding previously allocated to the City's participation in the Health District will be redirected to the
Health Department, effective January 18, 2022.
FUNDING DETAIL: N/A
Fund:
Organization/Activity:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff supports the creation of a new City Health Department and amendment to the FY 2021-2022
Operating Budget.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Presentation
One-reading ordinance creating the Corpus Christi Health Department;
amending the City of Corpus Christi Operating Budget for the Fiscal Year
2021-2022; providing for Health Department general fund positions (grant-
funded positions will be addressed in subsequent ordinances); and
providing for assignment and acceptance of grants.
WHEREAS, the creation of a City Health Department will enable the City to better
manage liability, provide better financial and performance accountability, pursue the
provision of health services to Corpus Christi residents more efficiently and effectively,
and more effectively collaborate with other health care providers and academia to form a
coordinated effort on public health initiatives;
WHEREAS, the creation of the City Health Department will enable the City to
create a high-performing, results-oriented organization that will be universally respected
by citizens, professional partners, and peer agencies.
WHEREAS, the City Council resolved the City of Corpus Christi to withdraw from
the Corpus Christi-Nueces County Public Health District (Health District) effective 90 days
after written notice provided to Nueces County pursuant to the Reformation of the
Cooperative Agreement to operate a Public Health District as amended and Texas Health
and Safety Code, Chapter 121 ;
WHEREAS, the City of Corpus Christi (City) provided Nueces County (County)
notice of the City's withdraw on October 19, 2021 , effective 90 days thereafter, on January
18, 2022-1
WHEREAS, new positions will be created within the new City Health Department,
and, upon withdrawal, all City-funded Health District positions will be eliminated, and
grant-funded positions will continue to be grant-funded;
WHEREAS, some duties of the Health Districts may be assigned to City
Departments other than the Health Department including potentially assigning Vital
Records to the City Secretary's Office;
WHEREAS, the City and County are currently negotiating to ensure no interruption
of services resulting from City's withdrawal from Health District;
WHEREAS, future City Councils action may be required to account for
negotiations with Nueces County, including a potential extension of the Health District;
WHEREAS, future City Councils action may be required to account for adjustment
1
of reimbursement from Nueces County; and
WHEREAS, future City Councils action may be required to finalize budgeted positions
and expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Corpus Christi Health Department is hereby created and established.
SECTION 2. Corpus Christi Code Sec 2-51 , Subsection (8) is amended as follows:
(8) GeFpi is Ghristi. — W-Her-es GG inter Di ihlir+ Health DiTtr�t
Giter aR d N eGeS GG inter
Health Department.
A department that provides for the operation and promotion of local public health
programs.
SECTION 3. The Operating Budget for the Fiscal Year 2021- 2022 is amended to add
the Health Department with 50 positions, as shown in Exhibit A attached to and
incorporated in this ordinance. The 50 positions do not account for grant-funded positions.
The number of positions authorized for the Health Department represents the estimated
maximum number of positions that may be needed for the transition of health services
from Health District to Health Department. To account for previous duties managed by
the Health District, the City Manager is authorized to allocate positions from and to the
Health Department to other City Departments to the extent funds are budgeted. Future
Council Action may finalize the number of positions after the transition.
SECTION 4. The Operating Budget for the Fiscal Year 2021- 2022 is amended to add
the Health Department to the Organizational Chart, as shown in Exhibit B attached to
and incorporated in this ordinance.
SECTION 5. The Operating Budget for the Fiscal Year 2021- 2022 is amended to add
the Health Department to expenditures, as shown in Exhibit C attached to and
incorporated in this ordinance.
SECTION 6. Effective January 18, 2022, the Operating Budget for the Fiscal Year 2021-
2022 is amended to reduce the FTEs for the Health District to 0, as shown in Exhibit A
attached to and incorporated in this ordinance. If an extension of the Public Health District
2
is required per negotiations with Nueces County, up to 29 temporary general fund
positions are authorized until the end of such extension.
SECTION 7. The City Manager or designee is authorized to request, submit, and execute
all documents necessary to assign and accept the assignment of grants, including grants
that were to the Corpus Christi-Nueces County Health District. Health and Human
Services Commission, Department of State Health Services, and other System Agencies
grant contracts may be assigned to the City to continue grant services.
SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision in this ordinance be given full force and effect for its purpose.
SECTION 9. Upon the written request of the Mayor or majority of the members of the
Council, 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 City Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed and
takes effect upon first reading as an emergency measure on this the day of
, 2021 .
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
day of 2021
Corpus Christi, Texas
PASSED AND APPROVED on this the day of 2021.
3
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,
Paulette M. Guajardo
Mayor
Council Members
The above ordinance was passed by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
4
Personnel Summary
FY 2019- 2020 FY 2020- 2021 FY 2021 - 2022
Adopted Amended
EXHIBIT A
Health District Summary
Personnel Classifcation Position Total Position Total
•p • 29 •
Total: 31 • 29 •
Health Department
Personnel Summary
FY 2019- 2020 FY 2020- 2021 FY 2021 - 2022
Adopted Amended
Personnel Classifcation Position Total Position Total
•p • • • 50
• • • 50
*Effective January 18, 2022
**Effective November 9, 2021, upon ordinance . .
EXHIBIT B
Mayor and City Council
City of Corpus Christi
Organizational Chart
City Secretary City Manager City Auditor Municipal Courts Judge
Rebecca Huerta Peter Zanoni Kim Houston Gail Loeb
Communications& Assistant to City Manager City Attorney
City Council Liaison Intergovernmental Affairs
DeAnna McQueen Sony Peronel Miles Risley
Assistant City Manager Assistant City Manager Assistant City Manager Chief of Staff Chief Financial Officer Chief Operating Officer
Steve Viera Neiman Young Andrea Gardner Michael Rodriguez Constance Sanchez Michael Murphy
Development Services Engineering Services Parks&Recreation Police Finance&Procurement Water&Wastewater System
Al Raymond Jeffrey Edmonds Dante Gonzalez(Interim) Chief Mike Markle Heather Hurlbert Kevin Norton
Asset Management Public Works Neighborhood Services* Fire Management&Budget
Charles Mendoza Rolando Mata Tracy Cantu(Interim) Chief Robert Rocha Eddie Houlihan
Airport Solid Waste Planning&Environmental Human Resources Information Technology
Kevin Smith David Lehfeldt Services Daniel McGinn Eyvon McHaney Peter Collins
Health District** Gas Libraries Strategic Planning& Court Administration
Annette Rodriguez Bill Mahaffey Laura Garcia Innovation Gilbert Hernandez
Christopher Anderson
Health Department Economic Development*** *Includes Code Enforcement and Animal Care
Services,Homeless&Housing and r
Monitoring
**Local Health Authority Dr.
***to include Infill Development,
Effective November 9,2021,upon ordinance approval Development,
EXHIBIT C
BudgetCity of Corpus Christi -
General Fund 1020
Health District Expenditure Detail
Original Amended
Org. Actuals Budget Budget Estimated Adopted Amended
Number Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
Health District
12600 Health Administration $ 653,068 $ 1,220,091 $ 1,250,024 $ 1,209,749 $ 1,278,682 $ 388,433
12610 Health Office Building 420,754 486,680 502,386 502,387 465,256 152,853
12611 Regional Health Awareness Board 1,818 0 0 0 0
12615 TB Clinic-Health Department 57,995 133,340 137,864 154,561 155,605 53,300
12630 Vital Statistics 136,958 222,349 222,503 210,013 224,852 71,363
12640 Environmental Health Inspect 307,294 503,829 503,831 457,136 518,947 171,097
12650 STD Clinic 77,557 108,290 108,292 113,044 134,564 40,595
12660 Immunization 139,703 268,581 299,185 250,434 268,412 124,140
12661 COVID-19 Vaccination 0 0 0 25,747 0 99,151
12666 Wellness Initiatives 5,795 0 0 0 0 0
12690 Nursing Health Svc 151,422 137,901 140,760 131,922 212,486 87,773
12700 Laboratory 179,961 269,556 269,558 251,871 282,961 85,616
Health District Total $ 2,132,324 $ 3,350,617 $ 3,434,401 $ 3,306,865 $ 3,541,765 $ 1,274,321
Health Department i
Original Amended
Org. Actuals Budget Budget Estimated Adopted Amended
Number Organization Name 2019-2020 2020-2021 2020-2021 2020-2021 2021-2022 2021-2022
Health Department
12601 Health Administration $ - $ - $ - $ - $ - $ 891,590
12612 Health Office Building 0 0 0 0 0 315,301
12616 TB Clinic-Health Department 0 0 0 0 0 108,738
12631 Vital Statistics 0 0 0 0 0 157,128
12641 Environmental Health Inspect 0 0 0 0 0 361,365
12651 STD Clinic 0 0 0 0 0 93,969
12662 Immunization 0 0 0 0 0 187,556
12691 Nursing Health Svc 0 0 0 0 0 148,526
12701 Laboratory 0 0 0 0 0 197,730
Health Department Total $ - $ - $ - $ - $ - $ 2,461,903
* Includes$194,459 in FY 2021 Purchase Order carryforward appropriations
City of Corpus Christi 1201 Leopard Street
/ Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday, October 26,2021 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Paulette M. Guajardo to call the meeting to order.
Mayor Guajardo called the meeting to order at 11:38 a.m.
B. Invocation to be given by Pastor Richard Milby, Corpus Christi Cross Project.
Pastor Richard Milby, Corpus Christi Cross Project, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Christian Nieto, Foy H. Moody High School student
Christian Nieto, Foy H. Moody High School student, led the 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.
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: Chief of Staff Michael Rodriguez, City Attorney Miles K. Risley and City
Secretary Rebecca L. Huerta.
Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council
Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and
Council Member Greg Smith
E. Proclamations /Commendations
1. 21-1521 Proclamation declaring October 2021 as "Breast Cancer Awareness Month".
Commendation recognizing Junior League of Corpus Christi's 75th Anniversary
of Service to the Community.
Commendation recognizing Ariel Garcia's 37 Years of Business with Geico
Insurance.
The Proclamations and Commendation were presented.
F. PUBLIC COMMENT
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City Council Meeting Minutes October 26, 2021
Mayor Guajardo opened the public comment period.
Shirin Delsooz, 6030 Tapestry, called in regarding safer and better bike paths.
Lydia Ponce, Venice, CA, called in regarding environmental health.
Frankie Orona, San Antonio, TX, called in opposition to the desalination and oil
infrastructure build out.
Amanda Stukenberg, 3502 Aransas St., spoke in support of the Council's decision to
create their own health department.
Richard Milby, 4412 High Ridge Dr., spoke regarding proposed amendments to the City
charter.
G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor Guajardo referred to City Manager's comments.
a. Health District Transition Update
Chief of Staff Michael Rodriguez presented a brief update on the Health District
Transition. He stated that the City issued a 90 day notice that will be effective January
18, 2022. Health services will continue to operate as normal for the next 90 days and the
City will continue to work with the Health District. Assistant City Manager Steve Viera will
lead the new work group in developing the new business plan.
b. FEMA Floodplain Management Rating System Update by Rolando Mata, Director
of Public Works
Director of Public Works Rolando Mata gave an update on FEMA Floodplain
Management Rating System. The community rating system is a voluntary incentive
program and offers discount rates on floodplain insurances. The purpose is to address
the storm water and reduce floodplain damages.
C. Regional Hispanic Contractors Association LUNA Award Recognition of Velma
Pena, Contracts/Funds Administrator for Public Works
Director of Public Works Rolando Mata recognized the recipient of the 2021 LUNA
award to Public Works Contracts/Funds Administrator Velma Pena.
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 2 - 20)
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Consent-Second Reading Ordinances
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members requested that Item
14 be pulled for individual consideration.
A motion was made by Council Member Pusley, seconded by Council Member Lerma to
approve the Consent Agenda with the exception of Item 14. The motion carried by the
following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina,
Council Member Pusley and Council Member Smith
Abstained: 0
2. 21-1496 Approval of the October 19, 2021 Regular Meeting Minutes.
The Minutes were approved on the consent agenda.
3. 21-1323 Ordinance authorizing the acceptance of a $15,000 grant from the Coastal Bend
Regional Advisory Council for the Corpus Christi Fire Department Web
Emergency Operations Center operations; and appropriating $15,000 into the
Fire Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032580
4. 21-1089 Zoning Case No. 0621-07, John C. Tamez (District 5). Ordinance rezoning
property at or near 2302 County Road 43 from the "FR" Farm Rural District to
the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff
recommend Approval)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032581
5. 21-1382 Ordinance amending the Urban Transportation Plan map of Mobility CC, a
transportation element of the Comprehensive Plan of the City of Corpus Christi,
by shifting a proposed C1 Minor Residential Collector to the east, thereby
extending Martin Street toward the south approximately 1,100 feet and
connecting Martin Street to Lands Road.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032582
6. 21-1381 Ordinance accepting and appropriating three Federal Emergency Management
Agency - Public Assistance reimbursement grants in the amounts of up to
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$4,315,109.40 (sidewalk project), $9,214,870.50 (channel project) and
$49,841.92 (stormwater project) for the Packery Channel Restoration to the
Parks and Storm Water CIP Funds; and awarding a construction contract to
Callan Marine, Ltd., in an amount of$12,359,049.30 for the Packery Channel
Restoration Project, located in Council District 4, with FY2022 funding available
from the Parks, TIF2, and Storm Water CIP Funds.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032583
7. 21-1391 Ordinance authorizing a special events agreement with the Buccaneer
Commission, Inc. for 2022-2026 Buc Day Festival and related activities to allow
use of City property including Shoreline Blvd. between Water's Edge Park and
Resaca as well as the barge dock and the circle driveway adjacent to the
American Bank Center, with payment of fees not to exceed $50,550 in 2022,
with an annual 3% revenue escalation.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032584
8. 21-1475 Ordinance authorizing an interlocal agreement with Nueces County ("County") for
park improvements including a splash pad water feature at Westhaven Park
located near the intersection of Cliff Maus Drive at Rockford Drive, with third
party construction costs not to exceed $375,000.00, of which the County will pay
$200,000.00 and the City will pay up to $175,000.00 for construction, with the
City also responsible for the installation of water and wastewater lines needed
for the project, estimated to be $75,000.00, and permitting for the project;
appropriating $250,000.00 from the unreserved fund balance in the Community
Enrichment Fund; and amending the operating budget.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032585
9. 21-1424 Ordinance approving the First Amended and Restated Addendum No. 1 to
Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited
Liability Company, which provides for $500,000.00 from the Corpus Christi B
Corporation for the addition of lighting improvements at the practice range and
executive 9-hole course at the Gabe Lozano Golf Course; appropriating
$500,000 from the Type B Fund; and amending the operating and capital
budgets.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032586
10. 21-0133 Ordinance authorizing the acceptance of the Gulf of Mexico Energy Security Act
("GOMESK) grant funding from the Texas General Land Office - Coastal
Management Program and appropriating an amount of$130,043.00 in the
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Community Development Grant Fund; and authorizing a Real Estate Sales
Contract with Tracy Duncan in an amount of$355,000.00 for the acquisition of
22.2427 acres of land located adjacent to Laguna Madre and in the Redhead
Pond area, for stormwater re-route associated with the Bond 2018 Laguna
Shores street reconstruction projects, located in Council District 4, with FY 2022
funding available from the Community Development Grant Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032587
11. 21-1185 Ordinance authorizing execution of all documents necessary to accept, amend,
and appropriate a grant contract between the Department of State Health
Services (DSHS) and the Corpus Christi-Nueces County Public Health District in
the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023
for activities to establish, expand, train and sustain public health workforce in
support of Coronavirus 2019 (COVID-19) response through the following: hiring
four full-time public health positions (two project managers, one public
information officer and one accountant), adjusting compensation for current
Health District staff who were involved in the pandemic response March 2020
through May 2021, providing indirect cost reimbursement for general
government support, and procuring office supplies.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032588
Consent- Contracts and Procurement
12. 21-1303 Resolution authorizing a five-year master service agreement with Intergraph
Corporation dba Hexagon Safety & Infrastructure, of Madison, Alabama, in an
amount not to exceed $2,885,084.09, for updated software and maintenance of
the Public Safety Records Management System (RMS) / Intergraph Law
Enforcement Automated Data System (I/LEAD) and Computer Aided Dispatch
(CAD), with funding for FY 2022 in the amount of$1,402,000.00 from the
MetroCom Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032589
13. 21-1304 Resolution authorizing the lease-purchase, via KS StateBank, of mobile data
computers from Turn-Key Mobile, Inc., of Jefferson City, Missouri, for Police,
Fire, Animal Control, and Airport Public Safety to be purchased through the TX
DIR Cooperative for a total amount of$2,000,000.00, with funding for FY 2022 in
the amount of$1,000,000.00 available through the Info Tech Fund and the
remaining lease-purchase payment to commence in FY2023 and execution of all
necessary contract documents related to this transaction.
This Resolution was passed on the consent agenda.
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Enactment No: 032590
14. 21-1075 Motion authorizing a one-year service agreement with Four M Drilling
Corporation, dba Martin Water Wells of Robstown, Texas, for a total amount not
to exceed $55,084.74 to plug three unusable water wells located near Lake
Corpus Christi, with FY 2022 funding in an estimated amount of$55,084.74
available through the Water Fund.
Mayor Guajardo referred to Item 14.
Council Members and Assistant Director of Water Quality & Treatment Gabriel Ramirez
discussed the following topics: these wells are unusable because the wells did not pass
the water quality standards, specifically the radiological testing that was done in 2015;
these water wells only provide 3 Million Gallons per Day (MGD), and the average is 75
MGD, so staff made the decision to not rehabilitate these wells as they can be costly; a
Council Member's request for staff to provide a cost analysis to Council in the future; and
a Council Member's request for more detail before moving forward with plugging these
wells.
Council Member Hernandez made a motion to table this item for more information,
seconded by Council Member Smith. The motion to table failed.
Council Member Barrera made a motion to approve the motion as presented, seconded
by Council Member Pusley. This Motion was passed and approved with the following
vote:
Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Martinez, Council Member Molina and Council Member Pusley
Nay: 2- Council Member Hernandez and Council Member Smith
Absent: 1 - Council Member Lerma
Abstained: 0
Enactment No: M2021-196
15. 21-1072 Motion authorizing a one-year supply agreement, with an additional one-year
option, with Univar Solutions USA, Inc. of Kent, Washington, for an estimated
amount of$192,600.00, with a total estimated amount not to exceed
$390,600.00 if the option period is exercised, for the purchase of
Hydrofluorosilicic acid to be used during the water treatment process at the O. N.
Stevens Water Treatment Plant, with FY 2022 funding available through the
Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-197
16. 21-1318 Motion to authorize Amendment No. 2 to Supply Agreement No. 1261 with
Chemtrade Chemicals, LLC, for the continued purchase of liquid ammonium
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sulfate solution for the Utilities Department and to amend the unit price for liquid
ammonium from $204 per ton to $219 per ton and increase the total contract
amount by $58,500.00 due to this higher cost per pound, with funding in the
amount of$29,250.00 available in the FY 2022 Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-198
17. 21-1319 Motion to authorize Amendment No. 2 to Supply Agreement No. 1266 with
Carus Corporation, for continued purchase of sodium permanganate for the
treatment of potable drinking water at the O. N. Stevens Water Treatment Plant
and to amend the unit price for sodium permanganate from $1.23 per pound to
$1.63 per pound and increase the total contract amount by $1,165,080.00 due to
this higher cost per pound, with FY 2022 funding in the amount of$582,540.00
available in the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-199
General Consent Items
18. 21-1406 Motion approving the 2021 Property Tax Levy of$149,146,111.13 based on the
adopted property tax rate of$0.646264 per$100 valuation, in accordance with
Section 26.09 (e) of the Texas Tax Code.
This Motion was passed on the consent agenda.
Enactment No: M2021-200
19. 21-1484 Resolution authorizing 24 month extensions for a Water Arterial Transmission
and Grid Main Construction and Reimbursement Agreement not to exceed
$109,354.20 for installation of a water arterial transmission and grid main line,
and a Developer Participation Agreement not to exceed $207,386.85 for partial
construction of Oso Parkway with MPM Development, LP for a planned
residential development, Royal Creek Estates Unit 7, located south of Yorktown
Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive (District 5)
This Resolution was passed on the consent agenda.
Enactment No: 032591
20. 21-1485 Resolution authorizing 24 month extensions for a Water Arterial Transmission
and Grid Main Construction and Reimbursement Agreement not to exceed
$183,810.74 for installation of a water arterial transmission and grid main line,
and a Developer Participation Agreement not to exceed $185,005.37 for partial
construction of Oso Parkway with MPM Development, LP for a planned
residential development, Royal Creek Estates Unit 8, located south of Yorktown
Boulevard and east of Cimarron Boulevard at 8399 Rock Crest Drive. (District
5)
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This Resolution was passed on the consent agenda.
Enactment No: 032592
K. RECESS FOR LUNCH: NONE
L. PUBLIC HEARINGS: (ITEM 21)
21. 21-1387 Ordinance amending the Wastewater Collection System Master Plan for the
Allison Service Area, a public utility element of the Comprehensive Plan of the
City of Corpus Christi, by adjusting the boundary line between basins 37 and 40,
adding 15 acres to basin 40, with the subject area located on the southside of
Northwest Boulevard (FM 624) between FM 1889 and CR 69.
Mayor Guajardo referred to Item 21.
Assistant Director of Water Quality & Treatment Gabriel Ramirez presented information
on the following topics: location map; background; proposed amendment; wastewater
system; and planning commission and staff recommend approval.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Smith. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Absent: 1 - Council Member Lerma
Abstained: 0
M. INDIVIDUAL CONSIDERATION ITEMS: (NONE)
N. FIRST READING ORDINANCES: (NONE)
O. BRIEFINGS: (ITEM 22)
22. 21-1180 Update on the current Community Enrichment Fund (CEF) process and the
proposed new practices and priorities to utilize the CEFs.
Mayor Guajardo referred to Item 22.
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Assistant City Manager Neiman Young presented information on the following topics:
open space; land dedication vs. Fee in Lieu of Land (FILO); park development fee vs.
park development improvements; park fee vs. actual development of a 1 acre park;
community enrichment fund (CEF); challenges in the current process-budget line items;
challenges in the current process-FILO five mile radius requirement; simplify the FILO five
mile radius requirement; Northwest zone (16 parks); Airport zone (1 park); Westside
zone (30 parks); Downtown zone (23 parks); Midtown zone (40 parks); Southside zone
(60 parks); London zone (1 park); Flour Bluff zone (9 parks); Padre Island zone (7 parks);
challenges in the current process-land dedication; Airline Crossing Homes; Moorland
View Homes; Queen's Crossing Homes; proposed methodology for CEF expenditures;
community enrichment fund balance; and proposed FY22 community enrichment fund
budget.
Council Members, Assistant City Manager Young and Assistant Director of Parks and
Recreation Dante Gonzalez discussed the following topics: the five mile radius affects
Districts 1, 4 and 5; a Council Member's request for staff to provide presentations to
Council prior to meetings; monies will only be spent in the specific area within the five
mile restriction; the importance of including the Builders Association when making
development decisions; the auditor is conducting a forensic audit on the CEF; and the
City needs to appropriately expend funds in a fair and equitable distribution across all
parks.
Strategic Planning and Innovation Officer Christopher Anderson presented information on
the following topics: why change the CEF; Texas cities comparison; community
enrichment fund; current level of service (parks); land dedication vs. actual level of
service; current vs. proposed land dedication; community enrichment fund; proposed
park development fee implementation; Texas cities comparison with proposed fees; the
cost of not updating land dedication and park development fee; recommendations;
recommendations-development community; and actions.
Council Members, Mr. Anderson, Assistant City Manager Young and Assistant Director
of Parks and Recreation Gonzalez discussed the following topics: Council Members'
request for staff to consider looking at the big picture before increasing park
development fees.
P. EXECUTIVE SESSION: NONE
Q. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned the meeting at 2:34 p.m.
City of Corpus Christi Page 9 Printed on 111412021
,�pUS C
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AGENDA MEMORANDUM
°i852EPublic Hearing and First Reading for the City Council Meeting of October 26, 2021
Second Reading for the City Council Meeting of November 9, 2021
DATE: October 26, 2021
TO: Peter Zanoni, City Manager
FROM: Dan McGinn, AICP, Director of Planning
DanielMc@cctexas.com
361-826-7011
Luis Vargas, PE, Engineer IV, Utilities Department
luisv@cctexas.com
361-826-1713
Proposed Amendment to the
Wastewater Collection System Master Plan (Allison Service Area)
for IHS Consultants (Landowner)
CAPTION:
Ordinance amending the Wastewater Collection System Master Plan for the Allison Service
Area, a public utility element of the Comprehensive Plan of the City of Corpus Christi, by
adjusting the boundary line between basins 37 and 40, adding 15 acres to basin 40, with the
subject area located on the southside of Northwest Boulevard (FM 624) between FM 1889 and
CR 69.
SUMMARY:
As requested by Urban Engineering on behalf of the landowner, IHS Consultants, this ordinance
amends the City's Wastewater Collection System Master Plan ("Wastewater Master Plan") by
transferring 15 acres of land from Basin 37 on the southside of Northwest Boulevard (FM 624)
to Basin 40 on the northside of Northwest Boulevard. This master plan amendment is needed to
allow a new commercial development, which is located on the southside of Northwest Boulevard
between FM 1889 and CR 69, to connect to City wastewater service and to be constructed
without delay.
BACKGROUND AND FINDINGS:
The applicant initially received a waiver from the requirement to construct wastewater
infrastructure on the subject tract. IHS Consultants and Urban Engineering now propose an
amendment to the Wastewater Master Plan that would make construction of the necessary
wastewater infrastructure financially feasible and achievable within the timelines of the proposed
development. This amendment will move 15 acres of land from a service basin (Basin 37) that
lacks infrastructure to another service basin (Basin 40) with existing infrastructure and sufficient
capacity to serve the 15 acres of land.
The 15 acres of land to be transferred includes the eight acres proposed for commercial
development and seven acres of adjacent land. An existing church, restaurant, and hair salon
are located on the adjacent 7 acres of land and these buildings are currently connected to on-
site septic systems. The proposed amendment will also allow the adjacent seven acres of land
to connect to the City's public wastewater system in the future.
General Development Requirements:
City infrastructure is either constructed one segment at a time by private developers as
development occurs or it is constructed ahead of private development by the City itself through
the Bond program or Capital Improvement Program. When private land is developed, the
utilities needed for the development must be constructed in accordance with the City's utility
master plans and the utilities become part of the public utility system serving other development
in the area. If the land to be developed does not have access to "reasonably available"
wastewater infrastructure or if constructing new wastewater lines in accordance with the City's
master plan is determined to be cost prohibitive, the developer may request a waiver from the
requirement to connect to City wastewater system and instead install a septic system or private
sewer line (i.e., force main) and lift station.
Utility Department Engineerinq Analysis:
To follow the current Wastewater Master Plan would require the landowner to construct
approximately 9,000 feet of wastewater gravity line to connect to an existing (or upgraded) lift
station located at County Road 52. Since development of the wastewater infrastructure in this
area is not anticipated to be completed within the next 15 years by private development,
extending the public wastewater service per the current Wastewater Master Plan is cost
prohibitive at this time.
Urban Engineering proposes removing approximately 15 acres of property from Basin 37, which
contains 3,683 acres of land south of Northwest Boulevard, and transferring it to Basin 40,
which contains 615 acres located north of Northwest Boulevard. Further, Urban Engineering
proposes to tie-in to the existing gravity system in River Hill Drive, north of Northwest Boulevard.
A new wastewater line would cross under Northwest Blvd from the subject property and connect
to the nearest manhole on River Hill Drive. See attached Map of Proposed Amendment.
Urban Engineering provided an analysis of the system with calculations of the projected
additional flows and existing estimated combined flows in this area, including peak factors and
1/1 (inflow and infiltration caused by rain and/or groundwater). See Urban Engineering's
Capacity Study attached. The results of this analysis were reviewed and approved by City Utility
Department Staff Engineers.
ALTERNATIVES:
A waiver to the requirement to tie-unto City wastewater service has been approved, if this
Amendment is not approved that waiver would remain in effect and the proposed commercial
development would utilize on-site septic systems.
FISCAL IMPACT:
There is no financial/fiscal impact associated with this ordinance.
Funding Detail:
Fund N/A
Organization/Activity N/A
Mission Element N/A
Project # (CIP Only) N/A
Account N/A
RECOMMENDATION:
Staff and Planning Commission approval of the proposed amendment to the Wastewater
Collection System Master Plan for the Allison Service Area.
LIST OF SUPPORTING DOCUMENTS:
• Ordinance
• Exhibit - Proposed Amendment
• Map of Allison Service Area Boundary
• Map of Subject Basins
• Capacity Study of Basin 40 by Urban Engineering
• PowerPoint Presentation
Ordinance amending the Wastewater Collection System Master Plan for the
Allison Service Area, a public utility element of the Comprehensive Plan of the
City of Corpus Christi, by adjusting the boundary line between basins 37 and 40,
adding 15 acres to basin 40, with the subject area located on the southside of
Northwest Boulevard (FM 624) between FM 1889 and CR 69.
WHEREAS a developer is proposing an amendment to the Wastewater Collection
System Master Plan for the Allison Service Area to be considered which will allow Basin
40-A-1 to be increased by approximately 15 acres,
WHEREAS, the Planning Commission has forwarded to the City Council its
recommendation concerning the amendment to the Wastewater Collection System
Master Plan for the Allison Service Area, an element of the Comprehensive Plan of the
City of Corpus Christi, Texas.
WHEREAS, with proper notice to the public, public hearings were held by the
Planning Commission, and the City Council, during which all interested persons were
allowed to be heard; and
WHEREAS, the City Council has determined that this amendment would best
serve public health, necessity, and convenience and the 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:
SECTION 1. That the Wastewater Collection System Master Plan for the Allison
Service Area, a public utility element of the Comprehensive Plan of the City of
Corpus Christi, Texas (the "Comprehensive Plan"), is amended to remove 15 acres
of property from Basin 37-D-1 and transfer it to Basin 40-A-1 as shown in Exhibit
"A," attached to this ordinance and incorporated byreference.
SECTION 2. That to the extent that the amendment made by this Ordinance
represent a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the amendment made by this Ordinance.
SECTION 3. That the Comprehensive Plan of the City of Corpus Christi, Texas, as
amended from time to time, except as changed by this ordinance and any other
ordinances adopted on this date, remains in full force and effect.
SECTION 4. That this ordinance expressly repeals any ordinance or part of any
ordinance in conflict with this ordinance.
SECTION 5. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word, or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word, or
provision of this ordinance is held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, that judgment shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance.
SECTION 6. This ordinance is effective upon passage.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2021 , by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021 .
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Exhibit A
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APPENDIX D SHEET 5 of 30
I �
37-D-1 and aTv vaaecTnvzas
add to 40-A-1
Map of Proposed Amendment
Existing lift station.
` start of 12"line.
i confluence of 8"
and 10"
wastewater lines
R,w,i,Nn
R�.eNINn
Cuvnlrc
hD
5 .1
Estimated peak flows
Estimated peak flo462,240 gpd
ws
528,720 gpd.
t r -
L
Proposed
wastewater line
extension.
Subject site for
�^ which we are
requesting an
amendment to the
wastewater master
plan to add flows to
existing Basin 40,
Wood River.
August 3,2021 1:12,000
Ell Wastewater
0.1 0.2 0.4 mi
Wastewater LiftStations I ,
® Wastewater Mains 0 0.17 0.35 0.7 km
Texas Parks & Wildlife, Esri, HERE, Garmin, INCREMENT P,
Intermap,USGS,METI/NASA,EPA,USDA
UE GIS
Urban Engineering
08.03.21
Wood River, Calallen
East Area
Flow
Units Land Use Persons/Unit Gallons/Person/Day Peak Factor without 1/1(gpm) 1/1 Total Flow(gpm)
352 Residential 2.5 100 4 245 36 281
2 Medical Building 20 200 4 22 0 22
1 Restaurant 300 10 4 8 0 8
1 Church 60 5 4 1 0 1
1 Car Wash 100 30 4 9 0 9
Flow(gpm) 321
Flow(gpd) 462,240
West Area
Flow
Units Land Use Persons/Unit Gallons/Person/Day Peak Factor without 1/1(gpm) 1/1 Total Flow(gpm)
343 Residential 2.5 100 4 238 28 267
128 Apartments 2.5 100 4 89 0 89
1 Gas Station 150 5 4 2 0 2
1 Bank 50 5 4 1 0 1
1 Church 60 5 4 1 0 1
5 Commercial 25 20 4 7 0 7
Flow(gpm) 367
Flow(gpd) 528,480
8"Capacity @ 0.4%slope=673,070 gpd
10"capacity @ 0.29%slope=1,071,430 gpd Combined flow(gpd)at confluence 990,720
12"capacity @ 0.22%slope=1,391,010 gpd and connection to 10"line.
gpm=gallons per minute Note:Gallons/Person/Day flow are estimates based on recommened values from TCEQ.
gpd=gallons per day
1/1=inflow and infiltration
Anticipated flow from added area
1 Church 60 5 4 1 0 1
1 Restaurant 300 10 4 8 0 8
2 Commercial 25 20 4 3 0 3
Flow(gpm) 12
Flow(gpd) 17,280
Updated Combined flow(gpd)at confluence 1,008,000
and connection to 10"line.
S:\Projects\43000up\43223\C100\Flow Calculations\Flow Calcs 08.02.21
Amendment to the
Wastewater Master Plan
Adjusting the boundary line between Basins 37
and 40 adding 15 acres to Basin 40
in the Allison Treatment Plant Service Area
City Council Presentation
October 26, 2021
�pu5 CN
Y
' a
Location p
asz
C.fallen ISD
r.
FM 6?4
NORTHWEST B
opo �� .�• �
ago �
� F
Background
• Requested by Urban Engineering on behalf of the landowner, IHS
Consultants, to allow a new commercial development to connect into
the public wastewater system.
• The property is located on the southside of Northwest Boulevard
between FM 1889 and CR 69.
• The 15 acres of land to be transferred includes the eight acres
proposed for the applicant's commercial development but will also
serve seven acres of adjacent land.
• An existing church, restaurant, and hair salon are located on the
adjacent 7 acres of land and are currently connected to on-site septic
systems. The proposed amendment will also allow the adjacent seven
acres of land to connect to the City's public wastewater system in the
future.
3
l Proposed Amendment
Current Plan Proposed Amendment
_ 15 acres into Basin 40
1B ° ih � aE B
P ,
I FM RD S29 Foxeixnx A2 ` pr- w _I FAI RD 09' { Farce eux '`�,yp
. y FMRD'_9 Ivo" _ '• _T
fe"n/+I`Iu.,.�,.y_, �_.�e V FM RD 629(N
T O
ORTH
fly 37 "
87-0-1 ana B
� __'y �..,
_�� sfu As remove ham • _ " �' sF�u� lemave trwn
f t 37-Q5 ann i
6
sir37
A
add to aaa-1 �e .,
11
4
Wastewater System
vlv
• r,�n Basin 40IMO
,g% �����
47i�
i
e
PW Gravity,gne,,
�SUBJEC�
1
PRDPEE3TIE5��r®..
M
WW
Manftl Axis
G �cc Notes:
Wastewater manhole to the
u ® north in Basin 40 has the
T necessary depth and capacity
a i
to handle the additional
acreage.
40.L
Recommendation
Staff and Planning Commission
recommend approval.
1. Reasonable amendment that facilitates development.
2. Construction of wastewater system within basin 37 requires
significant and costly infrastructure (cost prohibitive).
3. The proposed amendment maximizes use of existing
wastewater infrastructure.
4. Existing system to the north has capacity.
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORP�g4 First Reading Ordinance for the City Council Meeting on November 09, 2021
1852 Second Reading Ordinance for the City Council Meeting on November 16, 2021
DATE: November 09, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(o)-cctexas.com
361-886-2603
Acceptance and appropriation of the Violence Against Women Act (VAWA) Grant for the
Police Department
CAPTION:
Ordinance authorizing acceptance of a grant in an amount of $48,724.61 from State of Texas,
Criminal Justice Division for Violence Against Women Program with a cash match of$14,402.72
and in-kind match of $6,960.00; transferring $14,402.72 from the General Fund to the Police
Grants Fund; appropriating $63,127.33 in the Police Grants Fund; and authorizing one full-time
civilian employee for a Victim Case Manager.
SUMMARY:
Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against
Women Act (VAWA). The grant provides funds to projects with the primary mission of reducing
and preventing violence against women.
BACKGROUND AND FINDINGS:
The grant continues to support the Family Violence Unit by utilizing civilians and volunteers to
contact family violence victims when a written report is made by an officer. The grant provides
funds for one civilian victim case manager to contact female victims who often fear retaliation and
violence when the offender is released following arrest. The Case Manager provides information
concerning alternatives, available services, and protective orders to avoid continued violence.
The case manager serves to establish a working relationship between social agencies and the
Corpus Christi Police Department to provide educational opportunities to the community through
speaking engagements and the distribution of literature.
The long-term goal of the grant is to provide victims of domestic violence and other serious crimes
with crisis intervention, follow up assistance, encourage cooperation with law enforcement,
facilitate utilization of available resources, and assist with immediate and long-term safety needs
of victims.
The State provides $48,724.61 for the salary/benefits of one Victim Case Manager, equipment,
supplies, training, and mileage. The Case Manager also coordinates volunteer hours that
contribute $6,960 in-kind contribution. The City contributes $14,402.72 for training, travel,
supplies and miscellaneous equipment as the required match. The grant period is October 1,
2021 through September 30, 2022. The City has received this grant for the past 22 years. Last
year the City received $48,211.68.
ALTERNATIVES
The funding for this grant allows case management for female victims of violent crimes. Without
these funds the activities to support violence against women would be limited.
FISCAL IMPACT:
The fiscal impact for FY 2022 is accepting and appropriating an amount of $48,724.61 to the
Police Grants Fund. This item also will authorize a transfer and appropriation in an amount of
$14,402.72 from the General Fund to the Police Grants Fund for the City cash match for a total
appropriation in the Police Grants Fund of$63,127.33.
Funding Detail:
Fund: 1020 & 1061
Organization/Activity: 1020-60035/1061-822023F
Mission Element: 152
Project # (CIP Only):
Account: 548590 Cash contribution - grant match
510100 Salaries and Wages
511000 Retirement
513000 Group insurance benefits
513001 Other employee benefits
548120 Self Insurance Allocation
Amount: $48,724.61
RECOMMENDATION:
Staff recommends accepting the grant and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Statement of Grant Award
Ordinance authorizing acceptance of a grant in an amount of
$48,724.61 from State of Texas, Criminal Justice Division for Violence
Against Women Program with a cash match of$14,402.72 and in-kind
match of $6,960.00; transferring $14,402.72 from the General Fund to
the Police Grants Fund; appropriating $63,127.33 in the Police Grants
Fund; and authorizing one full-time civilian employee for a Victim Case
Manager.
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 grant from the State of Texas, Criminal Justice Division in the
amount of $48,724.61 to continue the Violence Against Women Formula Grant (VAWA)
grant within the Police Department with a cash match of$14,402.72 and an in-kind match
of $6,960.00.
SECTION 2. That the $48,724.61 grant is appropriated in the No. 1061 Police Grants
Fund to continue the VAWA grant in the Police Department.
SECTION 3. The transfer of$14,402.72 from the No. 1020 General Fund to the No. 1061
Police Grants Fund as grant matching funds is authorized and appropriated.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
City Secretary Mayor
Statement of Grant Award(SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement
and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments,
divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and`Budget/Details'
tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not
limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas
Administrative Code,and the Uniform Grant Management Standards (UGMS)developed by the Comptroller of Public
Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal
funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents
referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For
grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements,with or without advance notice to the Grantee.
By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated
herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited
below:
Grant Number: 1517123 Award Amount: $48,724.61
Date Awarded: 10/14/2021 Grantee Cash Match: $14,402.72
Grant Period: 10/01/2021 -09/30/2022 Grantee In Kind Match: $6,960.00
Liquidation Date: 12/29/2022 Total Project Cost: $70,087.33
Program Fund: WF-Violence Against Women Formula Giants
Grantee Name: Corpus Christi,City of
Project Title: Victim Assistance Program
Grant Manager: Madison Ballard
DUNS Number: 069457786
CFDA: 16.588 -Violence Against Women Formula Grants
Federal
Awarding U.S. Department of Justice, Office on Violence Against Women
Agency:
Federal 9/13/2021
Award Date:
Federal/State
Award ID 15JOVW21GG00566STOP
Number:
Total Federal
Award/State $11,109,618.00
Funds
Appropriated:
Pass Thru Texas Office of the Governor—Criminal Justice Division(CJD)
Entity Name:
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORP�g4 First Reading Ordinance for the City Council Meeting on November 9, 2021
1852 Second Reading Ordinance for the City Council Meeting on November 16, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(o)-cctexas.com
361-886-2603
Accepting and appropriating the Victims of Crime Act Grant (VOCA) within the Police
Department
CAPTION:
Ordinance authorizing acceptance of a grant in an amount of $129,212.45 from State of Texas,
Criminal Justice Division for Victims of Crime Act Grant with a cash match of$28,000.00 and in-
kind match of $4,320.00; transferring $28,000.00 from the General Fund to the Police Grants
Fund; appropriating $157,212.45 in the Police Grants Fund; and authorizing three full-time
employees for Victim Case Managers.
SUMMARY:
Funding is available from the State of Texas, Criminal Justice Division, to continue the program
within the Police Department which provides funds to projects with the primary mission of
providing direct services to victims of crime.
BACKGROUND AND FINDINGS:
The grant continues the Victim Assistance Program that provides assistance to victims and family
members with the goal of lessening both the short and long-term trauma experienced as a direct
result of victimization. The program provides victims and their family members with information,
reassurance, and guidance for resolving problems and referrals to other social service agencies.
The grant covers the salaries and benefits for three Victim Case Managers who provide services
to victims. The services include information and referral, criminal justice support and case
information, assistance with filing forms for benefits available through the Crime Victims'
Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights
as victims, advocating on victims' behalf with other agencies and within the criminal justice
system, and transportation to shelter or to court.
Primary and secondary victims of crime are assisted in order to help them stabilize their lives after
victimization and to help them to understand and participate in the criminal justice system. This
helps to provide victims of crime with a measure of safety and security. The Case Managers also
work closely through coalitions and other agencies in an ongoing effort to identify needs and to
improve the quality and continuity of services to victims in the community.
For this grant, the State provides $129,212.45 for the salaries and benefits of three Victim Case
Managers. Volunteer hours contribute $4,320.00 as an in-kind contribution, and the City
contributes $28,000.00 for training, travel, supplies and miscellaneous equipment as the required
20% match. The funding is not on a declining percentage or ending funding cycle. The grant
period will be October 1, 2021 to September 30, 2021. The City has received the grant for the
past 22 years. Last year the City received a two-year grant in the amount of$282,848. The State
has since revised the grant periods to only one year.
ALTERNATIVES:
The alternative is not to accept the funds which will cause the program to be curtailed.
FISCAL IMPACT:
The fiscal impact for FY 2022 is accepting and appropriating an amount of $129,212.45 to the
Police Grants Fund. This item also will authorize a transfer and appropriation in an amount of
$28,000.00 from the General Fund to the Police Grants Fund for the City cash match for a total
appropriation in the Police Grants Fund of$157,212.45.
Funding Detail:
Fund: 1020 & 1061
Organization/Activity: 1020-60035/1061-822123F
Mission Element: 152
Project # (CIP Only):
Account: 548590 Cash contribution - grant match
510100 Salaries and Wages
511000 Retirement
513000 Group insurance benefits
513001 Other employee benefits
548120 Self Insurance Allocation
Amount: $157,212.45
RECOMMENDATION:
Staff recommends accepting the award and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Statement of grant award.
Ordinance authorizing acceptance of a grant in an amount of
$129,212.45 from State of Texas, Criminal Justice Division for Victims
of Crime Act Grant with a cash match of$28,000.00 and in-kind match
of $4,320.00; transferring $28,000.00 from the General Fund to the
Police Grants Fund; appropriating $157,212.45 in the Police Grants
Fund; and authorizing three full-time employees for Victim Case
Managers.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept a grant from the State of Texas, Criminal Justice Division for Victims
of Crime Act in the amount of $129,212.45 with a cash match of $28,000 and an in-kind
match of $4,320 from the No. 1020 General Fund.
SECTION 2. $129,212.45 is appropriated in the No. 1061 Police Grants Fund
SECTION 3. Three FTEs are authorized as a Victim Case Managers.
SECTION 4. The transfer of $28,000 from the No. 1020 General Fund to the No. 1061
Police Grants Fund as grant matching funds is authorized and appropriated.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Statement of Grant Award(SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement
and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments,
divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the`Narrative' and`Budget/Details'
tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant
Application,in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not
limited to:2 CFR Part 200,Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal
Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1, Chapter 20, Subchapter F, Division 4 of the Texas
Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public
Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal
funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents
referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements,with or without advance notice to the Grantee.
By clicking on the'Accept'button within the'Accept Award`tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated
herein, and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any, cited
below:
Grant Number: 1522319 Award Amount: $129,212.45
Date Awarded: 10/14/2021 Grantee Cash Match: $28,000.00
Grant Period: 10/01/2021 -09/30/2022 Grantee In Kind Match: $4,320.00
Liquidation Date: 12/29/2022 Total Project Cost: $161,532.45
Program Fund: VA-Victims of Crime Act Formula Grant Program
Grantee Name: Corpus Christi, City of
Project Title: Victims of Crime Act
Grant Manager: Caroline Butler
DUNS Number: 069457786
CFDA: 16.575 -Victims of Crime Act Formula Grant Program
Federal
Awarding U.S. Department of Justice, Office of Justice Programs,Office for Victims of Crime
Agency:
Federal Award 9/17/2020
Date:
Federal/State
Award ID 2020-V2-GX-0004
Number:
Total Federal
Award/State $143,897,603.00
Funds
Appropriated:
Pass Thru Entity Texas Office of the Governor--Criminal Justice Division(CJD)
Name:
so
�o
o� A
H AGENDA MEMORANDUM
µoRPORPg4 First Reading Ordinance for the City Council Meeting November 09, 2021
1852 Second Reading Ordinance for the City Council Meeting November 16, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(o-)-cctexas.com
361-886-2603
Accepting and appropriating the Victim of Crimes Community Outreach Grant within the
Police Department
CAPTION:
Ordinance authorizing acceptance of a grant in an amount of$98,964.86 from the State of Texas,
Criminal Justice Division for Victims of Crime Community Outreach Program with a cash match
of $3,300.00 and in-kind match of $21,500.00; transferring $3,300.00 from the General Fund to
the Police Grants Fund; appropriating $102,264.86 in the Police Grants Fund; and authorizing
two full-time civilian employees.
SUMMARY:
Funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime
Act Formula Grant Program. The grant provides funds to projects designed to assist victims in
stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to
cooperation with law enforcement and the criminal justice system due to the emotional and
physical impact of the crime.
BACKGROUND AND FINDINGS:
The grant provides funding for a Victim Case Manager for community outreach to identify resistant
or reluctant victims of crime and to assist victims in understanding and participating in the criminal
justice system. Through public presentations, multi-disciplinary meetings, and legal advocacy, the
case manager will provide crisis intervention and follow-up services in order to establish rapport
and build resiliency of victims in districts at high risk for violence. The grant also provides for a
Staff Assistant to maintain accurate and timely records, including information properly entered
into database systems.
The grant funding is used for salaries and benefits for one Victim Case Manager, one Staff
Assistant, equipment, supplies, training, and mileage. The required match of 20% is satisfied by
the in-kind contribution of$21,500 in volunteer hours from Texas A&M University intern program
and the cash contribution of$3,300. The grant period is October 1, 2021 to September 30, 2022.
The City has received the grant for nine years and must reapply each year. The grant award
represents a decrease in funding of$5,049 based on available funding from the State.
ALTERNATIVES:
The grant provides services to victims of crime that would need to be funded from a different
source if the grant were not accepted or not be made available.
FISCAL IMPACT:
The fiscal impact for FY 2022 is accepting and appropriating an amount of $98,964.86 to the
Police Grants Fund. This item also will authorize a transfer and appropriation in an amount of
$3,300.00 from the General Fund to the Police Grants Fund for the City cash match for a total
appropriation in the Police Grants Fund of$102,264.86.
Funding Detail:
Fund: 1020 & 1061
Organization/Activity: 1020-60035 / 1061-822220F
Mission Element: 156
Project # (CIP Only): N/A
Account: 548590— Cash-Contrib-Grant match
510100 Salaries and Wages
511000 Retirement
513000 Group insurance benefits
513001 Other employee benefits
530160 Rentals
530200 Telephone/telegraph
547010 Travel
548120 Self Insurance Allocation
Amount: $102,264.86
RECOMMENDATION:
Staff recommends accepting the grant application and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Award document
Ordinance authorizing acceptance of a grant in an amount of
$98,964.86 from the State of Texas, Criminal Justice Division for
Victims of Crime Community Outreach Program with a cash match of
$3,300.00 and in-kind match of$21,500.00; transferring $3,300.00 from
the General Fund to the Police Grants Fund; appropriating $102,264.86
in the Police Grants Fund; and authorizing two full-time civilian
employees.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1 . The City Manager or designee is authorized to accept a grant from the
State of Texas, Criminal Justice Division in the amount of $98,964.86 to continue the
Victims of Crime Community Outreach Program within the Police Department with a
City match of $3,300 and an in-kind match of $21 ,500 from the No. 1020 Police General
Fund
SECTION 2. That $98,964.86 grant is appropriated in the No. 1061 Police Grants Fund
to continue the Victims of Crime Community Outreach Program in the Police
Department.
SECTION 3. The transfer of $3,300.00 from the No. 1020 General Fund to the No.
1061 Police Grants Fund as grant matching funds is authorized and appropriated
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Statement of Grant Award(SOGA) .............................. .
The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement
and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments,
divisions, governmental entities,public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details'
tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not
limited to: 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public
Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal
funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S.Department of Justice,the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For
grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements,with or without advance notice to the Grantee.
By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number: 2677107 Award Amount: $98,964.86
Date Awarded: 10/14/2021 Grantee Cash Match: $3,300.00
Grant Period: 10/01/2021 -09/30/2022 Grantee In Kind Match: $21,500.00
Liquidation Date: 12/29/2022 Total Project Cost: $123,764.86
Program Fund: VA-Victims of Crime Act Formula Grant Program
Grantee Name: Corpus Christi,City of
Project Title: Victim Assistance Community Outreach
Grant Manager: Caroline Butler
DUNS Number: 069457786
CFDA: 16.575 -Victims of Crime Act Formula Grant Program
Federal
Awarding U.S. Department of Justice, Office of Justice Programs,Office for Victims of Crime
Agency:
Federal Award 9/17/2020
Date:
Federal/State
Award ID 2020-V2-GX-0004
Number:
Total Federal
Award/State $143,897,603.00
Funds
Appropriated:
Pass Thru Entity Texas Office of the Governor—Criminal Justice Division(CJD)
Name:
so
�o
o� A
H AGENDA MEMORANDUM
µoRPORPg4 First Reading Ordinance for the City Council Meeting of November 9, 2021
1852 Second Reading Ordinance for the City Council Meeting of November 16, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(o-)-cctexas.com
361-886-2603
Accepting and Appropriating the FY2021 Edward Byrne Justice Assistance Grant Award for
the Police Department
CAPTION:
Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, in an amount of $192,413.00 for the FY 2021 Edward
Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department to
purchase equipment such as tasers, a forensic laser, and riot shields; and appropriating
$192,413.00 in the Police Grants Fund with $96,206.00 to be distributed to Nueces County based
on an interlocal agreement with the City acting as the fiscal agent, at no charge to Nueces County,
and the remaining $96,207.00 to be used by the City.
SUMMARY:
This Ordinance authorizes the acceptance of a grant and appropriation of funds from the Bureau
of Justice Assistance for the purchase of equipment to enhance law enforcement efforts.
BACKGROUND AND FINDINGS:
Under the Justice Assistance Grant (JAG), Corpus Christi has been declared a disparate
jurisdiction by the Department of Justice and therefore the City has agreed to split the funds 50/50
with Nueces County. The JAG funds are based on Part 1 violent crimes reported by the City and
County. The City reports a greater amount of Part 1 crimes than the County, yet the County is
responsible for providing criminal justice services such as incarceration and prosecution for the
City. This 50/50 agreement has been in place since 2008.
Jurisdictions certified as disparate must submit a joint application for the aggregate of funds
allocated to them, specifying the amount of the funds that are to be distributed to each of the units
of local government and the purposes for which the funds will be used. When beginning the JAG
application process, a Memorandum of Understanding must be completed, signed, and faxed to
Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint
funds. The Memorandum of Understanding is good for the term of three years and states the City
and County will split the funds 50/50 and that the City will serve as the fiscal agent. Both the City
and the County have agreed that the City will serve as the lead agency. The Nueces County
Commissioners Court approved the current interlocal agreement on July 7, 2021 and the City
Council approved it on July 20, 2021. JAG funds can be used for state and local initiatives,
technical assistance, training, personnel, equipment, supplies, contractual support, and
information systems for criminal justice.
With this award, the program has provided a total of $5,685,938 in grant funds to the City since
the program began in 1996. Throughout that time, the funds received have been used to purchase
vehicles and other law enforcement equipment. The FY 2020 JAG grant amount was $78,801.00
and was used to purchased tasers, video interrogation equipment, and furniture for the Corpus
Christi Police Department Operations Center (the Corpus Christi Police Department Operations
Centers serves as the Emergency Operations Center for the Corpus Christi Police Department).
The funds received this year will be used to purchase equipment such as tasers, forensic laser,
and riot shields with carry bags for the Corpus Christi Police Department.
ALTERNATIVES:
The alternative is not to accept the grant and not receive the funds.
FISCAL IMPACT:
The fiscal impact in FY 2022 is the acceptance of grant funds in an amount of $192,413.00 and
appropriating $192,413.00 to the Police Grants Fund. There is no required match funding. Due
to an interlocal agreement $96,206.00 will be distributed to Nueces County and the remaining
$96,207.00 to be used by the City for the purchase of equipment.
Funding Detail:
Fund: 1061 Police Grants Fund
Organization/Activity: N/A
Project: N/A
Account: 520090 Minor Tools
530000 Professional Services
Amount: $192,413.00
RECOMMENDATION:
Staff recommends accepting the grant and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Grant award
Interlocal agreement with Nueces County
Ordinance authorizing the acceptance of a grant from the Department of Justice,
Office of Justice Programs, Bureau of Justice Assistance, in an amount of
$192,413.00 for the FY 2021 Edward Byrne Memorial Justice Assistance Grant
program for the Corpus Christi Police Department to purchase equipment such as
tasers, a forensic laser, and riot shields; and appropriating $192,413.00 in the
Police Grants Fund with $96,206.00 to be distributed to Nueces County based on
an interlocal agreement with the City acting as the fiscal agent, at no charge to
Nueces County, and the remaining $96,207.00 to be used by the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager of designee is authorized to execute all documents
necessary to accept a grant from the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance, in the amount of $192,412 for FY2021 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program.
SECTION 2. $192,412 is appropriated in the No. 1061 Police Grants Fund for the
enhancement of law enforcement efforts by the Police Department and Nueces County
under an established interlocal agreement. Under the interlocal agreement, $96,206 of
the funds are to be distributed to Nueces County.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
SC
00
0 �
NCORPOR 1�'0 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevin N(a)cctexa s.co m
(361) 826-1874
Josh Chronley, Assistant Director of Contracts and Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Service Agreement for Aeration Basin Cleaning for Broadway WWTP
CAPTION:
Motion authorizing a one-year service agreement with Anderson Pollution Control Inc., dba
Horizon Environmental of Victoria, Texas, for a total amount not to exceed $95,026.00, for
aeration basin cleaning at Broadway Wastewater Treatment Plant, effective upon issuance
of notice to proceed, with FY2022 funding in the amount of$95,026.00 available through the
Wastewater Fund.
SUMMARY
This motion authorizes a one-year service agreement to clean two aeration basins at the
Broadway Wastewater Treatment Plant. This service is necessary to maintain optimal
operating performance.
BACKGROUND AND FINDINGS:
The Broadway Wastewater Treatment Plant (WWTP) uses a biological process that
cultivates and maintains microorganisms in the aeration basins to decompose wastes into
settleable solids and sludge. Aeration basins are one of the most critical units at wastewater
treatment plants by providing the volume space for this biological process.
To maintain treatment functionality and efficiency, this service contract provides for draining,
cleaning out, and hauling sludges from the No.1 and No.3 aeration basins at Broadway
WWTP. Two aeration basins are required for normal treatment operations, so the cleaning
plan will only take one basin out of service at a time to maintain the plant's operational
capability. The sludges will be transported to Cefe Valenzuela Landfill for disposal.
Wastewater in-house crews will inspect and replace any deteriorated or damaged
mechanical parts at the bottom of the aeration basins.
Aeration basin cleaning is a large-scale and time-intensive project that requires specialized
equipment and additional labor which exceeds the current capacity of wastewater in-house
crews. While the wastewater treatment division is creating its own cleaning crews in FY
2022 by hiring additional staff and procuring equipment, this service contract is currently
needed to provide necessary preventative maintenance for Broadway WWTP.
PROCUREMENT DETAIL:
Contracts and Procurement conducted a competitive Request for Bid process to obtain bids
for a new one-year term contract. The City received three bids and is recommending award
to the lowest responsive, responsible bidder, Horizon Environmental.
ALTERNATIVES:
The alternatives to accepting this bid would be to not clean the basins, which would
negatively impact the capacity and efficiency of the plant, or to perform this service in-house.
However, the Utilities Department does not currently have the appropriate staffing level or
equipment for this large-scale project.
FISCAL IMPACT:
The fiscal impact for the Wastewater Fund in FY 2022 is $95,026.00.
FUNDING DETAIL:
Fund: 4200 Wastewater
Organization/Activity: 33100 Broadway Wastewater Treatment Plant
Mission Element: 066 Disposal of biosolids
Project # (CIP Only): N/A
Account: 530215 Maint. & repairs-Contracted
RECOMMENDATION:
Staff recommends approval of this service agreement with Horizon Environmental for
aeration basin cleaning at the Broadway WWTP as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
City of Corpus Christi Bid Tabulation
Contracts and Procurement RFB#3760
Senior Buyer:Cynthia Perez Aeration Basin Cleaning for Broadway VWVTP
Horizon Environmental- Synagro of Texas-CDR,Inc.- ADK Environmental Inc.-
Victoria,Texas Baltimore,Maryland Odem,Texas
ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price
Mobilization and
1 Demobilization EA 1 $ 1,000.00 $ 1,000.00 $ 48,985.00 $ 48,985.00 $ 10,000.00 $ 10,000.00
Labor-Debris Removal
2 and Cleaning of Two EA 1
Aeration Basins $ 82,276.00 $ 82,276.00 $ 38,020.00 $ 38,020.00 $ 106,558.74 $ 106,558.74
Hauling and Disposal
3 to Cete Valenzuela EA 1
Landfill $ 8,500.00 $ 8,500.00 $ 10,097.00 $ 10,097.00 $ 71,625.00 $ 71,625.00
4 Materials EA 1
$ 3,250.00 $ 3,250.00 $ 5,961.00 $ 5,961.00 $ 63,800.00 $ 63,800.00
5 Equipment EA 1
0 F $0 $ 31,894.00 $ 31,894.00 $ 159,703.54 $ 159,703.54
$ 95,026.00 $ 134,957.0 $$ 411,687.28
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
�yV S C�
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H SERVICE AGREEMENT NO. 3760
U
Aeration Basin Cleaning for Broadway WWTP
yeanaonn!e�
1852
THIS Aeration Basin Cleaning for Broadway WWTP Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Anderson Pollution Control
I n c . , d b a Horizon Environmental ("Contractor"), effective upon execution
by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Aeration Basin Cleaning for
Broadway WWTP in response to Request for Bid/Proposal No. 3760 ("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 Aeration Basin Cleaning for Broadway WWTP
("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.
(A) This Agreement is for one year. 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 in writing prior to the expiration of the original term or
the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$95,026.00, subject to approved extensions and changes. Payment will be made
for Services provided and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
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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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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; 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.
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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.
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
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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.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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/Funds Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361 ) 826-1649
Fax: (361 ) 826-4495
IF TO CONTRACTOR:
Anderson Pollution Control Inc., dba Horizon Environmental
Attn: Stephanie Wood
Title: Account Executive
Address: 3307 Hwy. 59 N, Victoria, Texas 77901
Phone: (281 ) 479-5300
Fax: (713) 378-0717
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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 may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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.
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20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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.
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27. 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.
28. Consent Decree Requirements. This Agreement is subject to certain requirements
provided for by the Consent Decree entered into as part of Civil Action No. 2:20-
cv-00235, United States of America and State of Texas v. City of Corpus Christi in
the United States District Court for the Southern District of Texas, Corpus Christi
Division (the "Consent Decree"). A set of Wastewater Consent Decree Special
Conditions has been attached as Attachment E, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
The Contractor must comply with Attachment E while performing the Services.
[Signature Page Follows]
Service Agreement Standard Form -Consent Decree Page 7 of 8
Approved as to Legal Form May 20, 2021
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
CONTRACTOR
DocuSigned by:
Signature: ��
Rob Parham
Printed Name:
Title: vice President of operations
Date: 11/1/2021
CITY OF CORPUS CHRISTI
Josh Chronley
Assistant Director, 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. 3760
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form -Consent Decree Page 8 of 8
Approved as to Legal Form May 20, 2021
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall remove sludge and wash out two aeration basins at the
Broadway Wastewater Treatment Plant, located at 801 Resaca, Corpus Christi, TX
78401 .
1.2 Scope of Work
A. The Contractor shall provide all equipment, labor (including on-site supervision),
tools, materials, and equipment necessary to (1) achieve complete removal of
all sludge/debris and (2) wash out of aeration basin #1 and #3.
B. Each aeration basin is 130' x 30' x 35'deep.
C. The Contractor shall remove sludge material, consisting mainly of dirt, sand,
rags, grease, grit, and sludge from two aeration basins.
D. Upon removal of all sludge material, the Contractor shall wash out the aeration
basin.
E. The Contractor shall offload decanted water to an onsite area designated by
the City.
F. The Contractor shall haul sludge material to Cefe Valenzuela Landfill for
disposal. Cefe Valenzuela Landfill has waived the disposal fees for this project.
G. All work shall be conducted Monday through Friday, between the hours of 8:00
AM and 5:OOPM.
1.3 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.
1.4 Invoicing
A. The Contractor shall mail the original invoice to the address below and email a
copy to Utilitiesdept@cctexas.com
Revised 1 1.30.20
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
City of Corpus Christi
ATTN: AP/Utilities Dept
P.O. Box 9277
Corpus Christi, TX 78469-9277
B. The Contractor shall submit an itemized invoice for payment, which shall
include the following:
• PO # and Service Agreement #
• Service address & description of service work
• Number of tests being billed
• Total hours billed (for repairs)
• Itemized list of parts
• Invoices for parts (to verify mark-up)
Revised 1 1.30.20
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
..d/Pricing Schedule
AIIM\..1111I�r1 11 Y
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
v BID FORM
'YCORPOW I
1852 RFB No. 3760
Aeration Basin Cleaning for Broadway WWTP
PAGE 1 OF 1
Date: 8-10-2021
Authorized
�) d--
Bidder: OYtZCM ��1�(OV�Yytc�'}t�� Signature: 40
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.
Item Description UNIT Qty. Unit Price Total
Price
1 Mobilization and EA 1 $ - \,
$
Demobilization , 1000 \,UOo,aD
2 Labor- Debris Removal and EA 1 $ g raZ-a $ oa
Cleaning of Two Aeration
Basins
3 Hauling and Disposal to Cefe EA 1 $ p .eo $ p, .0
Valenzuela Landfill U o
4 Materials EA 1 $
5 Equipment EA 1 $ $
Total $ ,o
�� ,0 (�
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
Attachment C -Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
1 . Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City's Risk Manager
or designee. Contractor must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been so obtained.
2. Contractor must furnish to the Risk Manager and Assistant Director, Office of
Strategic Management, two (2) copies of Certificates of Insurance with
applicable policy endorsements showing the following minimum coverage by
an insurance company(s) acceptable to the Risk Manager or designee. The
City must be listed as an additional insured for the General Liability and Auto
Liability policies, and a waiver of subrogation is required on all applicable
policies. 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
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
AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired & Non-owned
3. Rented & Leased
WORKERS' COMPENSATION Statutory
Employer's Liability $500,000 / $500,000 / $500,000
Errors and Omissions $1,000,000 Per Occurrence
$1,000,000 Aggregate
3. In the event of accidents of any kind related to this project, Consultant must
furnish the Risk Manager with copies of all reports of such accidents within 10
days of the accident.
Revised 1 1.30.20
Page 16 of 21
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
Additional Requirements -
1 . 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. An
All States endorsement shall be required if consultant is not domiciled in the
State of Texas.
2. 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.
3. Contractor shall be required to submit replacement Certificate of Insurance to
City at the address provided below within 10 days of any change made by the
Contractor or as requested by the City. 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 Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. 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
Revised 1 1.30.20
Page 17 of 21
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
■ Provide 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 calendar days advance written notice for nonpayment of
premium.
5. Within five 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.
6. 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 Consultant hereunder until Contractor demonstrates
compliance with the requirements hereof.
7. 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.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
Bond Requirements:
No bond requirements, therefore, Agreement Section 5 Insurance; Bond subsection 5(B),
is hereby void.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services - Services Performed Onsite
05/10/2021 Risk Management - Legal Dept.
Revised 1 1.30.20
Page 18 of 21
DocuSign Envelope ID:7E4A2841-7E6C-492F-B716-B14CE6C62491
Attachment D - Warranty Requirements
"No manufacturer's warranty required for this Agreement."
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 9, 2021
DATE: October 26, 2021
TO: Peter Zanoni, City Manager
FROM: Peter Collins, Chief Information Officer of Information Technology
Pete rC(a)cctexas.com
(361) 826-3735
Kevin Norton, Director of Water Utilities
Kevin N(a)cctexas.com
(361) 826-1874
Josh Chronley, Assistant Director of Finance-Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Fiber Internet Access for Choke Canyon Reservoir
CAPTION:
Motion authorizing a five-year service agreement with VTX1 Companies of Raymondville, Texas
to provide a reliable, high-speed fiber for the Choke Canyon Reservoir, in an amount not to exceed
$100,564.00, effective upon issuance of a notice to proceed, with FY 2022 funding in the amount
of $35,812.00 available in the Water Fund.
SUMMARY:
This motion authorizes a five-year service agreement that allows VTX1 Companies of
Raymondville, Texas, and the City to provide a reliable, high-speed fiber for connectivity between
the Choke Canyon Reservoir and the City's network.
BACKGROUND AND FINDINGS:
The Choke Canyon Reservoir currently depends on a legacy T1 for connectivity to the City's
network, which is unreliable and slow. This contract with VTX1 is necessary to provide a reliable,
high-speed fiber to the Choke Canyon Reservoir.
This high-speed fiber will provide connectivity for systems such as security cameras, badge
access control, security alarms, telephone, and city network access. VTX1 will install
approximately 500 feet of high-speed fiber from their facility to the Choke Canyon Reservoir to
provide this service.
PROCUREMENT DETAIL:
The IT Department contacted Contracts and Procurement to issue a contract through The
Interlocal Purchase System (TIPS). The contracts awarded through this TIPS Cooperative have
been competitively procured in compliance with Texas Local and State procurement
requirements.
ALTERNATIVES:
No alternative. This must be done to resolve the slow and unreliable connection for the Choke
Canyon Reservoir systems.
FISCAL IMPACT:
The fiscal impact for Water Department in FY 2022 is an amount not to exceed $35,812.00 with
the remaining costs of $64,752.00 to be budgeted in future years through the annual budget
process.
FUNDING DETAIL:
Fund: 4010 - Water Fund
Organization/Activity: 30210 — Choke Canyon Dam
Mission Element: 061 — Manage raw water storage
Project # (CIP Only):
Account: 530200 — Telephone service
RECOMMENDATION:
Staff recommends approval of this motion authorizing a five-year service agreement with VTX1
Companies of Raymondville, Texas
LIST OF SUPPORTING DOCUMENTS:
Co-op Service Agreement
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
CUs
G�
> CO-OPERATIVE PURCHASE AGREEMENT NO. 3835
U
Fiber Internet Access for Choke Canyon Reservoir
fhaaaoRp��
1852
THIS Fiber Internet Access for Choke Canyon Reservoir Co-operative Purchase
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and VTX1 Companies ("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 Fiber Internet Access
for Choke Canyon Reservoir in accordance with its agreement with TIPS Contract
210101 (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 Fiber Internet Access for Choke Canyon Reservoir
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-month periods ("Option
Period(s)"), provided, the parties do so in writing prior to the expiration of the
original term or the then-current Option Period. 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.
4. Compensation and Payment. This Agreement is for an amount not to exceed
$100,564.00, 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 must be mailed to the following address:
City of Corpus Christi
Attn: Accounts Payable
Co-operative Purchase Agreement Standard Form Page 1 of 4
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
P.O. Box 9277
Corpus Christi, Texas 78469-9277
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. 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.
7. 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: Phillip Grant
Information Technology Infrastructure Manager
1201 Leopard St., Corpus Christi, Texas 78401
Phone: (361) 826-3845
Fax: (361) 826-3740
IF TO CONTRACTOR:
Co-operative Purchase Agreement Standard Form Page 2 of 4
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
VTX1 Companies
Attn: Linda Rae Garza
Account Executive II
891 E. Hidalgo Ave., Raymondville, TX 78580
Phone: (956) 642-1312
Fax: n/a
8. 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 3 of 4
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
CONTRACTOR
DocuSigned by:
Signature: 5 p6(&
C042CO5 8D8444B...
Printed Name: 7effrey Patterson
Title: sales Manager
Date: 10/20/2021
CITY OF CORPUS CHRISTI
Josh Chronley
Assistant Director, 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 C: Insurance Requirements
Attachment D: Warranty
Incorporated by Reference Only:
Co-operative Agreement: TIPS Contract 210101
Co-operative Purchase Agreement Standard Form Page 4 of 4
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
Sas
s
ol
ATTACHMENT A: SCOPE OF WORK
1852E o
Project Name: Fiber Internet Access for Choke Canyon Reservoir
Project Address: Choke Canyon Reservoir, 2706 Hwy 72, Three Rivers, TX 78071
TIPS Contract: 210101 Technology Solutions, Products and Services
Background: Choke Canyon Reservoir is currently on a T1 connection. This
connection is unstable during inclement weather. A new fiber line needs to be
installed to always provide a stable connection.
Scope of Work:
A. The Contractor will provide Fiber Internet Access 1 Gbps x 1 Gbps at Choke
Canyon Reservoir, which includes the following:
1 . 1 Gbps x 1 Gbps $1,349/month
2. One Static IP at no additional cost
3. One time installation fee, which is waived with a five-year agreement
4. Construction Costs - labor, materials, and equipment to construct 6,150
feet of subterranean fiber to the building.
5. The term of the agreement will be for five years.
Point of Contact:
Phillip Grant, IT Infrastructure Manager Information Technology
Office: 361-826-3845
Cell: 940-390-1499
PhillipG2@cctexas.com
Contractor Point of Contact:
Linda Rae Garza, Account Executive II
VTX1 Companies
891 E. Hidalgo Ave, Raymondville, Texas 78580
956-642-1312, Cell 956-773-9000
lincla.garza@vtxl .net
Contractor Person Authorized to Sign:
Jeffrey Patterson
Sales Manager
jeffrey.patterson@vtxl .net
956-642-1328
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
Attachment B: Bid/Pricing Schedule
- 881 E. Hidalgo Ave.
Raymondville, TX 78580
1.800.446.2031
www.vtxl.net
Fax(956) 642-1051
TM August 9, 2021
VTX1 Companies
City of Corpus Christi — Choke Canyon Reservoir
Quote for: Alan Carlos
Services to be delivered to:
Choke Canyon Reservoir(28.467701, -98.250946)
2706 Hwy 72
Three Rivers, TX 78071
TIPS Contract: 210101 Technology Solutions, Products and Services
Quote: Fiber Internet Access 1Gbps x 1Gbps
(Please check the box next to the option you want to move forward with)
2f 5 Year Agreement Option
1Gbps x 1Gbps $1,349/month
• MSRP$2,140/month
• 36.96% Discount
1 Static IP $0/month
Installation $250 (one-time fee) —Waived with 5 Year Agreement
Construction Cost $19,624 (one-time fee)
$80,940 (monthly sub-total cost)
$19,624 (construction cost)
Quote Terms: $100,564 Grand Total
VTX1 TERMS OF SERVICE APPLY AND GOVERN ALL QUOTED SERVICES (SEE BELOW).
The signing of this quote signifies acceptance of the above pricing for services and goods stated for the Agreement
Term. Pricing listed is only available through the"valid until" date as stated above. Acceptance of quote beyond that
date may result in price changes. You may also be required to complete an additional Service and/or Customer
Agreement dependent on location of Service Address if no existing Master Services Agreement (MSA) is in effect. Non-
Recurring Charges ("NRC') shall be invoiced upon the execution of the Quote.The Commencement Date of the Service
will be reflected on the VTX1 Completion Notification Form for the applicable Service or, if no notification form, on the
commencement of Service. The Minimum Term Commitment expires on the applicable anniversary date following the
Commencement Date indicated on the Completion Notification Form. Early termination fees may apply if service is
terminated prior to the Commitment Term as well as reimbursement of any discounts, waived NRCs and other charges
upon invoice by VTX1. Service may continue following expiration of the Minimum Term Commitment on a month-to-
Linda Rae Garza I Account Executive II 1 linda.earza@vtxl.net 1 (956) 642-1312
Page 1 of 2
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
month basis as allowed under VTX1's terms of service for the Service. Monthly Recurring Charges ("MRC") and other
normal service charges shall be invoiced monthly VTX1 RESERVES THE RIGHT TO REQUIRE AN EXECUTED CURRENT MSA
AND SERVICE ORDER FOR QUOTED SERVICES. IF VTX1 DOES NOT REQUIRE AN EXECUTED MSA AND SO FOR THE
SERVICES, VTX1'S STANDARD TERMS OF SERVICE AS SET FORTH IN ITS APPLICABLE TARIFFS IN EFFECT OR,AS TO NON-
TARIFFED SERVICES,AT http://www.vtxl.net/about-vtxl/terms-of-service/APPLY AND GOVERN THE SERVICES.
Quote Acceptance by Customer:
CITY OF CORPUS CHRISTI
Customer Name
Printed Name Date
Title
Signature
Linda Rae Garza I Account Executive II 1 linda.earza@vtxl.net 1 (956) 642-1312
Page 2 of 2
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
Attachment C: Insurance Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1 . 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.
2. Contractor must furnish to the City's Risk Manager and Contract Administer 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 all applicable policies. 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
COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence
including: $1 ,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this Exhibit.
not domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
3. 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.
B. ADDITIONAL REQUIREMENTS
1 . 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
Page 1 of 3
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
States Endorsement shall be required if Contractor is not domiciled in the State of
Texas.
2. 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.
3. 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
4. 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 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than 10 calendar days advance written notice for nonpayment of premium.
5. Within 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.
6. 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.
Page 2 of 3
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
7. Nothing herein contained shall be construed as limiting in anyway 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.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2021 Insurance Requirements
Ins. Req. Exhibit 7-D
IT Contracts - Hardware Installation
05/10/2021 Risk Management - Legal Dept.
No bond is required for this service agreement.
Page 3 of 3
DocuSign Envelope ID:8A1 9B640-8A72-41 E1-8A68-D511 D557CDA7
Attachment D: Warranty Requirements
Warranty is not required for this service agreement.
Page 1 of 1
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 9, 2021
DATE: October 19, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4(a)cctexas.com
(361) 289-0171 ext 1213
Josh Chronley, Assistant Director of Contracts and Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Escalator Component Upgrade for Escalators Located at the
Corpus Christi International Airport
CAPTION:
Resolution authorizing a nine-month service agreement with Schindler Elevator Corporation of
Corpus Christi, Texas, to upgrade the escalator components for four escalators located in the
Airport Terminal Building at Corpus Christi International Airport (CCIA) in the amount of
$391 ,000.00, effective upon issuance of a notice to proceed with FY 2022 funding available from
Airport Fund.
SUMMARY:
Schindler Elevator Corporation will replace all major components of four escalators in the Terminal
Building. The component replacements will include all moving parts, drive belts, rollers, gear
boxes, and chains. The process will use the same frame of the previous escalator.
BACKGROUND AND FINDINGS:
The CCIA Terminal Building has four escalators in the public area from the first to second floor of
the building. All four escalators were installed when the Terminal Building was built in 2002 and
have reached their useful life. City staff contacted Schindler Elevator Corporation, the
manufacturer of the escalators for a needs analysis. Schindler Elevator Corporation is proposing
to rebuild all four escalators instead of full replacement, because the frame of the escalator is not
compromised and has not reached useful life, thereby lowering project cost, time, and impact.
PROCUREMENT DETAIL:
CCIA contacted Contracts and Procurement to issue a contract to Schindler Elevator Corporation.
Because the frame will remain and not be replaced, the escalator rebuild will require proprietary
parts from Schindler Elevator Corporation as the only one source due to special processes or
patents and the need for replacement parts or components for equipment. It is also a health and
safety issue since the escalator parts have reached useful life.
ALTERNATIVES:
Alternatives include continuing preventative maintenance on the escalators, which have reached
useful life and are at risk of failure if a rebuild is not planned. Alternatives also include the full
replacement of escalators instead of a rebuild using the existing frame, which is not necessary,
due to the frame's structural integrity and useful life remaining.
FISCAL IMPACT:
The fiscal impact for Airport in FY 2022 is an amount of $391 ,000.00 with funding available from
the Airport Coronavirus Response and Relief Supplement Appropriation Act (CRSSA)
reimbursements completed in FY 2021 . The funds have been transferred and available for the
project implementation.
FUNDING DETAIL:
Fund: 4610 Airport
Organization/Activity: 35040 Facilities
Mission Element: 271 Maintain Facilities Arpt prpty
Project # (CIP Only): n/a
Account: 530210 Building maint & service
RECOMMENDATION:
Staff recommends approval of this resolution authorizing rebuild of all four escalators inside the
Terminal Building. The Airport Board voted to submit recommendation to City Council to approve
this action at their September 2021 Board Meeting.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Resolution authorizing a nine-month service agreement with Schindler
Elevator Corporation of Corpus Christi, Texas, to upgrade the escalator
components for all four escalators located in the Airport Terminal Building
at Corpus Christi International Airport (CCIA) in the amount of $391,000.00,
effective upon issuance of a notice to proceed with FY 2022 funding available
from Airport Fund.
WHEREAS, Schindler Elevator Corporation will provide escalator components
upgrade for four escalators located in the Airport Terminal Building at Corpus Christi
International Airport (CCIA);
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, there is a statutory exception for this procurement in Local
Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve of
protect the public health and safety of the City's residents;
WHEREAS, there is a statutory exception for this procurement in Local
Government Code, Section 252.022(a) (7) (A), as this purchase is available from only
one source due to special processes or patents; and
WHEREAS, there is also a statutory exception for this procurement in Local
Government Code, Section 252.022(a) (7) (D), as this purchase is available from only
one source due to captive replacement parts or components for equipment.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this procurement.
Section 2. The City Manager, or designee, is authorized to execute all documents
necessary to secure a service agreement for escalator components upgrade for CCIA
from Schindler Elevator Corporation from Corpus Christi, Texas, for an amount not to
exceed $391,000.00. A copy of the agreement will be on file in the Office of the City
Secretary.
Page 1 of 2
PASSED AND APPROVED on the day of , 2021 :
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 2 of 2
Price Sheet Escalator Component Upgrade
Sr. Buyer: Minerva Alvarado Sole Source
Schindler Elevator Corporation
San Antonio, Texas
Item Description Quantity Cost Total
1 Per Hour Labor Rate 900 $275.84 $248,256.00
2 Material 1 $142,744.00 $142,744.00
Total $391,000.00
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
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H SERVICE AGREEMENT NO. 3878
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Escalator Component Upgrade at CCIA
yeanaonn!e
1852
THIS Escalator Component Upgrade at CCIA Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Schindler Elevator Corporation ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Escalator Component Upgrade at CCIA
in response to Request for Bid/Proposal No. Sole Source ("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 Escalator Component Upgrade at CCIA
("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.
(A) This Agreement is for nine months. 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 in writing prior to the expiration of the
original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$391 ,000.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
Service Agreement Standard Form -Airport Page 1 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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:
Tyler Miller
Aviation Department
361-289-0171 ext 1291
Tylerm@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 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.
Service Agreement Standard Form -Airport Page 2 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
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.
7. Inspection and Acceptance. Any Services 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
Service Agreement Standard Form -Airport Page 3 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
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.
12. Subcontractors. In performing the Services, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
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 related 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: Tyler Miller
Deputy Director of Aviation
1000 International Drive, Corpus Christi, TX 78408
Phone: 361-289-0171 ext 1291
Fax: n/a
IF TO CONTRACTOR:
Schindler Elevator Corporation
Attn: Samuel Bruno
Sales Representative
5449 Bear Lane, Suite 310 Corpus Christi, TX 78405
Phone: 361-402-5929
Fax: n/a
Service Agreement Standard Form -Airport Page 4 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
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) Termination for Cause. The City may terminate this Agreement for
Contractor's failure to comply with any of the terms of this Agreement. The City
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 may terminate this Agreement immediately thereafter.
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon 30 days advance written notice to the
Contractor. The City 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. In the event of termination for convenience, the
Contractor will be compensated for all Services performed prior to the date of
termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
Service Agreement Standard Form -Airport Page 5 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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.
Service Agreement Standard Form -Airport Page 6 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
27. 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.
28. Federal Funding Requirements. This project is subject to requirements provided for
the Federal Aviation Administration (FAA) and/or other federal agencies. A set of
Federal Requirements has been attached as Attachment E, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. The Contractor must comply with Attachment E while performing the
Services. The Contractor will insert in any subcontracts all Federal
Provisions/Requirements contained in the Agreement, such other clauses as the
FAA, or its designee may by appropriate instructions require and a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
prime Contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all the contract clauses.
[Signature Page Follows]
Service Agreement Standard Form -Airport Page 7 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
CONTRACTOR
DocuSigned by:
Signature: RaWVd 6VVJAh
C757A67CC3904BE...
Printed Name: Samuel Bruno
Title: Account Representative
Date: 9/27/2021
CITY OF CORPUS CHRISTI
Josh Chronley
Assistant Director, 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 C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. Sole Source
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form -Airport Page 8 of 8
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
Attachment A: Scope of Work
A. Contractor shall update the existing software as needed where required to
provide proper operation, maintain safe and reliable equipment operation.
B. Contractor shall change gearbox oil on each escalator, inspect seals and
change if required.
C. Contractor shall remove steps, remove the existing Drive chain, install new
drive chain on each escalator.
D. Master links are used to join chains together, Contractor shall use these
master links throughout the escalator repair to adhere new chains together.
E. Contractor shall remove the existing handrails on each escalator and install
two new handrails on each escalator.
F. Contractor shall remove the existing handrail drive chain on each escalator
and install new handrail drive chain.
G. While replacing escalator handrails, the Contractor shall remove the
existing friction wheel and install two new friction wheels per escalator.
H. Contractor shall remove the existing drive belts and install two new drive
belts on each escalator.
I. While replacing the escalator handrails, the Contractor shall remove the
existing Newl rollers on each escalator and install four new Newl rollers on
each escalator.
J. While replacing the escalator handrails, the Contractor shall remove the
existing cluster rollers on each escalator and install four new cluster rollers
on each escalator.
K. The Contractor shall remove section of existing steps, remove the existing
step chains, install new step chains, and reinstall steps.
L. While in the escalator truss, the Contractor shall perform a clean down to
remove debris, clean sensors and make necessary adjustments.
M. The Contractor shall remove all steps and have them "steam cleaned".
Once the steps have been cleaned, they will be reinstalled.
Page 1 of 2
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
N. While cleaning the steps, the Contractor will access the condition of each
step and replace any that have been damaged.
Page 2 of 2
DocuSign Envelope ID:73330lC3-2FD5-4197-8DE9-869B604639FO
Attachment B: Bid/Pricing Schedule
Schindler Elevator Corporation
12961 Park Central
Suite 1460
San Antonio, TX 78216-2073
Phone: 361-402-5929
Fax: 210-490-1338
Time and Material breakdown
Date: 09/16/2021 Estimate Number: SBRO-CSSREL
Escalator Component Upgrade (x4 Escalators)
• Software updates (As needed)
Update the existing software where required to provide proper operation, maintain safe and
reliable equipment operation.
• Gear Box (Replace oil and Seals where required)
Change gearbox oil on each escalator, inspect seals and change if required.
• Main Drive Chain (Quantity: 1 per escalator)
Remove steps, remove the existing Drive chain, Install 1x new Drive chain on each
escalator.
• Master Links
Master links are used to join chains together, these will be used throughout the escalator
repair to adhere new chains together.
• Handrails (Quantity: 2 per escalator)
Remove the existing handrails on each escalator and install 2x new handrails on each
escalator.
• Handrail Drive Chains (Quantity: 1 per escalator)
Remove the existing handrail drive chain on each escalator and install new handrail drive
chain.
• Friction Wheel (Quantity: 2 per escalator)
While replacing escalator handrails, remove the existing friction wheel and install 2x new
friction wheels per escalator.
• Drive Belt (Quantity: 2 per escalator)
Remove the existing drive belts and install 2x new drive belts on each escalator.
• Newl Rollers (Quantity: 4 per escalator)
While replacing the escalator handrails, we will remove the existing Newl rollers on each
escalator and install 4x new Newl rollers on each escalator.
Page 1 of 2
DocuSign Envelope ID:73330lC3-2FD5-4197-8DE9-869B604639FO
• Cluster Rollers (Quantity: 4 per escalator)
While replacing the escalator handrails, we will remove the existing cluster rollers on each
escalator and install 4x new cluster rollers on each escalator.
• Step Chains (Quantity: 2 per escalator)
Remove section of existing steps, remove the existing step chains, install new step chains,
Reinstall steps.
• While in the escalator truss the team will perform a clean down to remove
debris, clean sensors and make necessary adjustments.
Perform interior truss clean down while the escalators are pulled apart. This will allow the
team to clean all debris from the interior escalator truss and replace any sensors that have
gone bad.
• Step Cleaning
Remove all steps and have them "steam cleaned", once the steps have been cleaned, they
will be reinstalled.
• Allowance allotted to replace "Damaged Steps" as needed.
While cleaning the steps, we will assess the condition of each step and replace any that
have been damaged.
Labor Rate: $275.84 per hour
Labor Hours: 900 Total man hours (225 man hours per escalator)
Labor Total: $248,256.00 ($62,064.00 per Escalator)
Material: $142,744.00 ($35,686.00 per Escalator)
Grand Total: $391,000.00
Page 2 of 2
DocuSign Envelope ID:733301 C3-2FD5-4197-8DE9-869B604639F0
Attachment C: Insurance & Bond Requirements
A. CONTRACTOR'S LIABILITY INSURANCE
1 . 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.
2. 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
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) $500,000 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
3. 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.
B. ADDITIONAL REQUIREMENTS
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1 . 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.
2. 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.
3. 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
4. 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 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than 10 calendar days advance written notice for nonpayment of premium.
5. Within 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.
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6. 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.
7. 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.
8. 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.
9. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
05/10/2021 Risk Management - Legal Dept.
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Attachment D: Warranty Requirements
A. One year material warranty after job completion.
B. 60 days labor for any repairs necessary after job completion.
C. Any repairs needed beyond 60 days will include material at no cost, labor
will be quoted at $275.84 per hour.
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ATTACHMENT E:
FEDERAL REQUIREMENTS
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E.1 GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are
promulgated to ensure that no person shall,on the grounds of race,creed,color,national origin,sex,
age,or disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights
Act of 1964.
E.2 Compliance with Nondiscrimination Requirements:
During the performance of this contract,the Contractor, for itself,its assignees, and successors in
interest(hereinafter referred to as the "Contractor"), agrees as follows:
1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
may be amended from time to time,which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The Contractor,with regard to the work performed by it during the
contract,will not discriminate on the grounds of race,color,or national origin in the selection
and retention of subcontractors,including procurements of materials and leases of equipment.
The Contractor will not participate directly or indirectly in the discrimination prohibited by
the Nondiscrimination Acts and Authorities,including employment practices when the
contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In
all solicitations,either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract,including procurements of materials,or leases of
equipment,each potential subcontractor or supplier will be notified by the Contractor of the
contractor's obligations under this contract and the Nondiscrimination Acts and Authorities
on the grounds of race,color,or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to
its books,records, accounts,other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal
Aviation Administration,as appropriate, and will set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract,the sponsor will impose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate,including,but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling,terminating,or suspending a contract,in whole or in part.
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6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract,including procurements of materials and leases of
equipment,unless exempt by the Acts,the Regulations,and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the sponsor or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided,that if the Contractor becomes
involved in,or is threatened with litigation by a subcontractor,or supplier because of such
direction,the Contractor may request the sponsor to enter into any litigation to protect the
interests of the sponsor. In addition,the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the Contractor, for itself,its assignees, and successors in
interest(hereinafter referred to as the "Contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252) (prohibits
discrimination on the basis of race,color,national origin);
49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601)(prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.),as amended(prohibits
discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)(prohibits discrimination
on the basis of age);
Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended(prohibits
discrimination based on race,creed,color,national origin,or sex);
The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,coverage and
applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs
or activities"to include all of the programs or activities of the Federal-aid recipients,sub-
recipients and contractors,whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the
basis of disability in the operation of public entities,public and private transportation systems,
places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189)as
implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race,color,national origin, and sex);
Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations,which ensures nondiscrimination against minority populations by
discouraging programs,policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance,national origin discrimination includes discrimination because of
limited English proficiency(LEP). To ensure compliance with Title VI,you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.
Reg. at 74087 to 74100);
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Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating
because of sex in education programs or activities(20 USC 1681 et seq).
Page 3 of 3
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Charles Mendoza, Director of Asset Management
CharlesM2(a)cctexas.com
(361) 826-1941
Josh Chronley, Assistant Director of Finance-Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Vehicle Paint and Body Repairs for Asset Management — Fleet Maintenance
CAPTION:
Motion authorizing a three-year service agreement with Certified Collision Works, LLC of Corpus
Christi, Texas, for an estimated amount not to exceed $152,200.00, for vehicle paint and body
repairs for Asset Management, with FY 2022 funding in an amount not to exceed $50,750.00
available through the Fleet Maintenance Fund.
SUMMARY:
This item is to approve a service agreement with Certified Collision Works, LLC for as-needed
vehicle paint and body repairs for Asset Management, Fleet Maintenance Division.
BACKGROUND AND FINDINGS:
Fleet Maintenance needs paint and body repair service for various City owned vehicles and
equipment, except for EMS and Fire Department vehicles. Vehicles included but limited to other
pieces of equipment are sedans, vans, motorcycles, ATV's/UTV's, trailers, pickup trucks up to
F-550 in size. Paint and body repair is not performed by Fleet staff, and we are currently spending
$67,000 per year in services-, therefore, it is determined that an outside contract will best meet the
needs of the department accruing significant savings.
PROCUREMENT DETAIL:
The Procurement Division conducted a competitive request for bids process to obtain bids. The
City received one responsive, responsible bid. Staff is recommending award to Certified Collision
Works, LLC of Corpus Christi, Texas for Vehicle Paint and Body Repairs for Fleet Maintenance.
As we do not have any current contract for these services, we cannot negotiate the best price
therefore leading to wasteful spending. There is an 8% decrease in paint and labor costs from a
previous contract for the Corpus Christi Fire Department with the Certified Collision for the same
type of services, so even though only one responsive bid was submitted, we know it to be
competitive and cost saving.
ALTERNATIVES:
The alternative to not approving this service agreement would be that the required paint and
body repair work would be delayed, as the Fleet Division would need to obtain quotes for every
paint and body repair, affecting production and leading to long wait times.
FISCAL IMPACT:
The fiscal impact for Asset Management in FY 22 is estimated at $50,750.00 for this three-year
service agreement. The remaining $101 ,450.00 will be budgeted in the future years through the
annual budget process.
FUNDING DETAIL:
Fund: 5110 Fleet Maintenance Svc
Organization/Activity: 40170 Fleet Operations
Mission Element: 202 Maintain the Fleet
Project # (CIP Only): N/A
Account: 530100 Vehicle Repairs
RECOMMENDATION:
Staff recommends the approval of this agreement with Certified Collision Works, LLC of Corpus
Christi, Texas, for vehicle paint and body repairs for Asset Management — Fleet Maintenance.
LIST OF SUPPORTING DOCUMENTS:
Bid Tab
Service Agreements
City of Corpus Christi Bid Tabulation
Contracts and Procurement RFB#3751
Buyer:Marco Lozano Vehicle Paint and Body Repairs Fleet Division
Certified Collision Works,LLC-
Corpus Christi,Texas
Item DESCRIPTION 3-Year
Ye r UNIT UNIT PRICE TOTAL PRICE
1 Body Labor 2,100 HRS $ 44.00 $ 92,400.00
2 Paint Labor 900 HRS $ 44.00 $ 39,600.00
Estimated Spend Mark up% Estimated Spend
+Mark Up%
3 Paint Supplies $ 10,000.00 0% $ 10,000.00
4 Parts Allowance $ 9,000.00 0% $ 9,000.00
5 Miscellaneous Supplies $ 1,200.00 0% $ 1,200.00
3 Year TOTAL $ 152,200.00
DocuSign Envelope ID:8131 E1A15-E604-4C99-9828-5E587816292C
�yV
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H SERVICE AGREEMENT NO. 3781
U
Vehicle Paint and Body Repairs for Fleet Maintenance
yeanaonn!e�
1852
THIS Vehicle Paint and Body Repairs for Fleet Maintenance Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Certified Collision Works, LLC ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Vehicle Paint and Body Repairs for Fleet
Maintenance in response to Request for Bid/Proposal No. 3781 ("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 Vehicle Paint and Body Repairs for Fleet
Maintenance ("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.
(A) This Agreement is for three 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 in writing prior to the expiration of the
original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$152,200.00, subject to approved extensions and changes. Payment will be made
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for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. 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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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: Benjamin Sanchez
Department: Fleet Maintenance
Phone: 361-826-1959
Email: BenjaminS@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
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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.
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.
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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.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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: Benjamin Sanchez
Title: Contratcs Administrator
Address: 5352 Ayers Bldg 3A, Corpus Christi, Texas 78415
Phone: 361-826-1959
Fax: N/A
IF TO CONTRACTOR:
Certified Collision Works, LLC
Attn: Estanislado Medina Jr.
Title: Sole Managing Agent
Address: 6342 Greenwood Dr., Corpus Christi, Texas 78417
Phone: 361-225-2555
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Fax: 361-225-2522
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 may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City 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 may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City 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.
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20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. 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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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.
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27. 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.
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CONTRACTOR
DocuSigned by:
L-estaA/kAAh A4j-k"
Signature:
Printed Name: Estanislado Medina Jr.
Title: sole managing agent
Date: 10/6/2021
CITY OF CORPUS CHRISTI
Josh Chronley
Assistant Director, 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. 3781
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 8 of 8
Approved as to Legal Form June 2, 2021
DocuSign Envelope ID:8131 E1A15-E604-4C99-9828-5E587816292C
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ATTACHMENT A: SCOPE OF WORK
852-
1.1 General Requirements/Background Information
The Contractor shall provide vehicle paint and body repairs for the Corpus Christi
Asset Management/Fleet Maintenance department for most City owned vehicles
and equipment except for EMS and Fire Department vehicles and equipment.
Vehicles included but not limited to other pieces of equipment. Sedans, Vans,
Motorcycles, ATV's/UTVs', trailers, Pickup trucks up to F-550 in size NO bigger than
that. These units may or may not have a service body and CNG (Compressed
Natural Gas) systems attached to them but, not limited to other pieces of
equipment.
1.2 Scope of Work:
A. Service requirements:
1 . The Contractor is required to have a paint booth with an
extinguishing system.
2. The Contractor is required to perform the following work on
wrecked or damaged units/equipment.
3. Collision repair and complete paint.
4. Spot paint.
5. All rust repairs.
6. Welding and custom fabrication.
7. The Contractor must be able to work with aluminum bodies
and have the specialized tools to perform the job properly.
8. Diagnose and repair of electrical systems due to vehicle
accidents.
9. Fiberglass repairs.
10. Color matching - computer analyzed color matching system.
Contractor must use original materials. For instance, if vehicle
calls for basecoat/clear coat that is what needs to go on the
vehicle.
11 . The Contractor is to provide high quality work. Meaning that
We do not want a body panel full of Bondo. We are expecting
a high-quality finish. The product for the whole procedure must
be held to that standard.
12. Glass replacement due to vehicle accident.
13. Headlight restoration.
DocuSign Envelope ID:8131 E1A15-E604-4C99-9828-5E587816292C
14. LED light replacement.
15. The Contractor must be able to remove and Install aftermarket
parts/accessories to get the job accomplished.
16. The Contractor may be supplied with parts to be used. New,
aftermarket, and used.
17. The Contractor must accept and install supplied parts if
provided by Fleet Maintenance.
18. The Contractor shall provide Original Equipment Manufacturer
(OEM) parts for all P.D. Marked pursuit rated vehicles. Fleet will
also have some donor P.D. Marked vehicles incase parts are
needed. When removing/replacing a Marked P.D. part. The
lettering, unit numbers, and adhesives, must come off that
piece before it gets disposed of.
19. The Contractor must be able to pull donor vehicle parts if
needed. Donor parts will only be issued if available. If parts are
needed you will have to contact the Contract Administrator.
Fleet may assist in pulling parts if time and workloads allow.
20. The Contractor must have a dustless media blasting and soda
blaster system.
21 . The Contractors must be able to install rhino linings on units.
22. The Contractor must be able to install undercoating and rust
proofing.
23. The Contractor shall provide complete exterior vehicle
detailing after paint. The Contractor must also make sure
vehicle the interior is cleaned of any debris or dust from leaving
the windows down while working on vehicle.
24. The Contractor must be able to Buff and wax exterior of
vehicles.
25. The Contractor shall not exceed 10% of overall repair cost if,
having to sublet for any CNG tank removals and installation. If
having to sublet contractor must use a City's contracted
company. That subcontractor shall be certified to repair
Compressed Natural Gas vehicles. No other sublets will be
allowed.
26. The City shall not be responsible for any towing charges for
immediate failures after repairs have been completed. If
immediate repair failures do occur while in contractors'
DocuSign Envelope ID:8131 E1A15-E604-4C99-9828-5E587816292C
possession, The Contractor will use the city's contracted towing
company.
1.3 Estimates and Invoicinq
A. The Contractor shall provide a detailed itemized description on
estimates to include cost and pictures of vehicle/equipment from when
it was dropped off in its current shape. Pictures will have to be of all sides
and angles.
B. Estimates and invoices will be in a pdf format at the very least. Estimates
and invoices will not be in scanned format.
C. If the Contractor estimates additional work will be beyond the original
estimates, the Contract Administrator will be notified for authorization
prior to work being performed.
D. The Contractor shall provide a detailed itemized description on the
invoice of the repair.
1.4 Lead Time
A. City vehicle repairs shall be First Priority over any other and all repairs.
The Contractor shall provide same day priority service for City
vehicles. 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 repairs.
B. The Contractor shall have 4 business days to complete what is
constituted as a minor repair according to the manufacture.
C. The Contractor shall have 8 business days to complete what is
constituted as a major repair according to the manufacture.
Extension shall require Approval from Corpus Christi Fleet
Maintenance.
1.5 Delivery:
A. The City will use its authorized contracted towing company to deliver
the inoperative vehicle to the Contractor. The City will notify the
Contractor of vehicles being towed and delivered to vendor for
repairs. On the same day the vehicle is received, the Contractor shall
send an email to the City of Corpus Christi Fleet Maintenance
indicating the Date the vehicle was received and estimated
completion time of service.
B. City of Corpus Christi will transport operative vehicles. The Contractor
will not transport vehicles outside their premises nor onto City
property. The Contractor will NOT transport any P.D. Marked units at
all for any reason at all other than to move it in and out of their shop.
DocuSign Envelope ID:8131 E1A15-E604-4C99-9828-5E587816292C
1.6 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.
DocuSign Envelope ID:8131ElAl5-E604-4C99-9828-5E587816292C ,BENT B - PRICING
C11 l C1v111
US C �
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
�Neawvaw
x RFB No. 3781
Vehicle Paint and Body Repairs for Fleet Maintenance
Date: �� �� PAGE 1 OF 1
ff ,, ''l Authorized
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Bidder: C "�i'�I , CG� On 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.
z
1 Body Labor 2,100 HRS $ 411 Go $
2 Paint Labor 900 HRS $ J-, $ �co,X
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Mark P/o Estimated
Estimated Spend ❑ Spend +Mark
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3 Paint Supplies $ 10,000.00 $ 0 $ I U00
4 Parts Allowance $ 9,000.00 $ $ pOO bo
5 Miscellaneous Supplies $ 1,200.00 $ $ 0,W, 00
DocuSign Envelope ID:8B1 E1A15-E604-4C99-9828-5E587816292C
Attachment C: Insurance and Bond 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
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
GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles and
COVERAGE including: Equipment While in Care, Custody
Physical Damage on a Direct Primary Basis or Control, up to $600,000
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.
Page 1 of 3
DocuSign Envelope ID:8B1E1A15-E604-4C99-9828-5E587816292C
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.
Page 2 of 3
DocuSign Envelope ID:8B1E1A15-E604-4C99-9828-5E587816292C
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.
Bond Requirements:
No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby
void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-D
Contracts for General Services -Services Performed Onsite
06/08/2020 Risk Management -Legal Dept.
Page 3 of 3
DocuSign Envelope ID:8131 E1A15-E604-4C99-9828-5E587816292C
ATTACHMENT D: WARRANTY REQUIREMENTS
Warranty on Labor and Workmanship shall be six-months.
Warranty on all materials shall be one year.
A. Covered warranty on new installation shall be one year or better for all labor
and material.
B. Warranty on all repairs shall be six-months or better for all labor and one-year
on materials. Any additional service call to repair deficiencies previously
addressed, will not be considered for payment.
Page 1 of 1
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CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Rolando Mata, Director of Public Works
RolandoM2(a-)-cctexas.com
(361) 826-1677
Josh Chronley, Assistant Director of Contracts and Procurement
JoshC2(a)cctexas.com
(361) 826-3169
Purchase of One Heavy Haul Tractor Truck for Public Works
CAPTION:
Motion authorizing the purchase of one replacement heavy haul tractor truck from
Lonestar Freightliner Group, LLC, of Waco, Texas for a total amount of $153,042.00 that
will be utilized to pull the 55 Ton Low-Boy Trailer and other heavy equipment to and from
work sites by the Department of Public Works, with FY 2022 funding available in the
Vehicle & Equipment Replacement Fund.
SUMMARY:
This motion will authorize the purchase for the replacement of one heavy haul tractor
truck to be used by the Public Works Department to transport heavy equipment that is
classified as oversize and overload. This unit is being procured through the BuyBoard
Cooperative and is a replacement to the existing fleet.
BACKGROUND AND FINDINGS:
The Public Works Streets Division replacing of the heavy haul tractor truck as a part of its
scheduled replacement program. This truck transports milling machines and pavers to
various locations throughout the City's forces projects. The replacement unit that has
exceeded its expected service life of ten years. The current unit is a 2008 Sterling with
3,184 hours. This unit has excessive miles and requires frequent maintenance causing
out of service time as it is being repaired.
PROCUREMENT DETAIL:
This procurement is through the BuyBoard Cooperative. Contracts awarded through the
BuyBoard Cooperative have been competitively procured in compliance with Texas Local
and State procurement requirements. The cost of the vehicle through the BuyBoard
COOP is 47% less than the MSRP of $281,451 .00. This was not part of an FY 2022
budget initiative, but was a scheduled replacement purchase.
ALTERNATIVES:
The alternative is to continue using the only available unit Public Works has, which will
slow the impact of services provides due to frequent downtime for age-related
maintenance.
FISCAL IMPACT:
The purchase of the replacement truck was scheduled in the approved FY 2022 budget.
The FY 2022 fiscal impact of this purchase totals $153,042.00 for one heavy haul tractor
truck to be funded through the FY 2022 Equipment Replacement Fund.
FUNDING DETAIL:
Fund: 5111 Equipment Replacement
Organization/Activity: 12431 Street Fund Fleet
Mission Element: 201 Manage Fleet Inventories
Project # (CIP Only): N/A
Account: 550020 Vehicles and Machinery
Amount: $153,042.00
RECOMMENDATION:
Staff recommends approval of this purchase with Lonestar Freightliner Group, LLC for
the Heavy Haul Tractor Truck as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
CITY OF CORPUS CHRISTI Price Sheet
Contracts and Procurement Purchase of One Heavy Haul Tractor Truck for Public Works
Senior Buyer: Cynthia Perez Buyboard Contract 601-19
Lonestar Freightliner Group,LLC
Waco,TX
ITEM DESCRIPTION QTY. UNIT
Unit Extended
Price Price
2021 Western Star 49 Set Back Axle
1 1 EA.
Heavy Haul Tractor Truck
$153,042.00 $153,042.00
TOTAL: I I 1 $153,042.00
SC
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NoAPoapYE° AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
0effreye(a)cctexas.com
(361) 826-3851
Robert Rocha, Fire Chief
rrocha(a-)cctexas.com
(361) 826-3935
Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement
heatherh3(a)-cctexas.com
(361) 826-3227
Professional Services Contract
Fire Station #3 (Morgan Street)
(Bond 2020 — Proposition C)
CAPTION:
Motion authorizing the award of a professional services contract to BRW Architects, College
Station, TX, to provide design, bid, and construction phase services for the design of Fire Station
#3 (Morgan Street) in an amount of $620,400.00, located in Council District 2, with FY 2022
funding available from the Fire Bond 2020 Fund.
SUMMARY:
This motion awards a professional services contract to provide design, bid, and construction
phase services for the Fire Station #3 (Morgan Street) project. The new fire station will replace
the antiquated fire station to meet current firefighting operations and standards. The project scope
will include the design of approximately 13,000-13,500 square foot, five-bay station, which will
accommodate 15 firefighters, and provide for a dayroom, kitchen, weight room, and a new
classroom-training/community room.
BACKGROUND AND FINDINGS:
On November 3, 2020 voters approved the City of Corpus Christi's Bond 2020 Program for a
total of$75 million with 42 projects. The propositions passed on election day include projects for
streets, parks, and public safety improvements.
Proposition C — Public Safety projects includes a total of two projects, Police Training Academy
design only and Fire Station # 3 (Morgan Street) land acquisition and design only for $2 million.
The public safety projects are located in Council Districts 5 and 2.
The current Fire Station #3 (Morgan Street) was built in 1954, making the facility 67 years old.
The station has exceeded its design life cycle and ability to accommodate the modern, larger
fire fighting vehicles. In addition to the outdated physical capabilities, the facility has large
cracks in the walls and the foundation is showing signs of failure. Engine bays and doorways
are too small for modern fire apparatus thus increasing the risks for accidents. In addition, the
mechanical and electrical systems are overloaded causing frequent failures, and the facility
does not have adequate ADA access. In FY 2021, Fire Station #3 took over 8,000 calls and
responded to over 10,000 incidents making it one of the busiest stations in the City.
A new station is needed to replace the antiquated fire station to meet modern firefighting
capabilities and standards that will allow for faster response times and a cleaner work
environment. The new facility will meet firefighting and emergency services standards with the
capacity to house larger/taller/heavier vehicles, provide decontamination clean rooms,
community areas, improved vehicle egress and access, gender neutral accommodations for 15
firefighters, and vehicle exhaust extraction systems. The new facility will be located adjacent to
the current site of the Fire Station 3 at the intersection of Morgan and Brownlee. The new facility
will be designed to last a minimum of 50 years. The City is currently working on the land
acquisition with the Ed Rachal Foundation.
PROJECT TIMELINE
1 1 1 mom
November — July A S O November — January
Design Bid/Award Construction
Project schedule reflects City Council award in November 2021 with anticipated construction
completion in January 2024.
COMPETITIVE SOLICITATION PROCESS:
On December 28, 2020, the Finance & Procurement Department issued a Request for
Qualifications (RFQ) for engineering services with the RFQ Number 3409 — Professional
Engineering Services Bond 2020 Facilities and Parks & 2021 CIP Projects. The Fire Station #3,
Morgan Street project was one of ten projects announced in the RFQ. The City received a total
of 12 Statements of Qualifications (SOQ). The RFQ selection committee consisted of
representatives from the Fire Department, Asset Management, Engineering Services
Department, and the City Manager's Office.
On June 2021, the selection committee conducted interviews for the top four firms that submitted
an SOQ. Firms were rank based on three factors: 1) firms experience, 2) teams experience, 3)
and understanding of the project scope.
The final evaluation ranked BRW Architects the highest scorer and is recommended as the most
qualified. BRW Architects has extensive experience in designing public safety facilities and has
completed numerous projects throughout Texas. Some of the completed projects include: Cedar
Park Fire Station No. 5, Cedar Park, TX; Bryan Fire Station No. 2, Bryan, TX; Galveston Fire
Station No. 1, Galveston, TX; Pearland Fire Station No. 1, Pearland, TX; Harris Co. ESD 7 Spring
Fire Station No. 74, Spring, TX; Ponderosa Fire Station No. 63 and Training, Houston, TX; and
San Marcos Fire Station No. 4, San Marcos, TX. This will be the first time BRW Architects is
working for the City of Corpus Christi.
ALTERNATIVES:
Renovation is an economic alternative; however, the degraded foundation, and 1954 building
specifications of the original construction would make constructing a new facility more cost
effective.
An additional alternative is to not approve the proposed professional services agreement and
readvertise the project which would cause a delay to the Bond project schedule and potentially
cause an impact on future Fire operations.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of $620,400.00 with funding available from the Fire
Bond 2020 Fund to conduct the design portion of the contract. Future construction costs will be
fully funded using $4,050,000 in grant funds provided by the American Rescue Plan Act, and
Certificates of Obligation in the amount of$4,180,000 as approved in the FY 2022 CIP.
FUNDING DETAIL:
The Capital Improvement Program (CIP) shows the project is planned for FY 2022 and there is
sufficient funding for the design of the facility.
Fund: Fire Bond 2020 Fund (Fund 3193)
Mission Elem: Fire Department (091)
Project: Fire Station No. 3 (21085)
Account: Design (550950)
Activity: 21085-3193-EXP
Amount $620,400.00
RECOMMENDATION:
City staff recommends award of the professional services contract in an amount of$620,400.00
to BRW Architects for the design of the Fire Station #3.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Evaluation Matrix
Contract
CIP Page
RFQ NO.3409 FIRE STATION No 3 DESIGN
Proposal Evaluation BRW Architects Randall/Scott Elkon Chuck Anastos
MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass
Licensing/Certification
No material lawsuits during last 5 years
No material regulatory issues last 5 years V
References Provided for firm V
TECHNICAL PROPOSAL (50 PTS) 47 47 46 45
Firms'Experience(15 pts) 15 14 13 14
Team's Experience(15 pts) 15 15 14 14
Understanding of Project Scope(20 pts) 17 18 19 17
INTERVIEW(50 PTS) 48 47 46 43
Firms'Experience(15 pts) 14 14 13 11
Team's Experience(15 pts) 15 14 14 14
Understanding of Project Scope(20 pts) 19 19 19 18
Total 95 94 92 88
PROPOSED NEW OLDU
FS #3 SITE
FS #3 SITE
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NOT TO SCALE PROJECT NUMBER: 21085
FIRE STATION #3 (MORGAN ST.) CITY COUNCIL EXHIBIT
DESIGN DEPARTMENT
OF CORPUS CHRISTI,TEXAS
OF ENGINEERING SERVICES
ogyus c.�
ow SERVICE AGREEMENT NO. 3911
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CONTRACT FOR PROFESSIONAL SERVICES
�N�ORPnPPS EQ.
1852
FOR PROJECT 18180D Fire Station No. 3 Morgan Street Design
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and BRW Architects, 175 Century Square Drive, College Station, Texas
77840(Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES ...................................................................2
ARTICLE II QUALITY CONTROL.......................................................................3
ARTICLE III COMPENSATION............................................................................3
ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5
ARTICLE V OPINIONS OF COST ......................................................................5
ARTICLE VI INSURANCE REQUIREMENTS......................................................5
ARTICLE VII INDEMNIFICATION .........................................................................5
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7
ARTICLE X OWNER REMEDIES .......................................................................7
ARTICLE XI CONSULTANT REMEDIES.............................................................8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8
ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10
EXHIBITS
Contract for Professional Services
Page 1 of 12
ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit
A and with Consultant's response to the Request for Qualifications related to this project, which response is
incorporated by reference into this Agreement as if set out here in its entirety.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.
At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of
Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,
Consultant must provide City with a list of all subconsultants that includes the services performed by
subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed
team as specified in the SOQ or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by
the City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges
and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,
excerpt attached as Exhibit D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and
will consult and advise the City on matters related to the Consultant's Scope of Services during the
performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A
and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation
unless stated otherwise.
Contract for Professional Services
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
1.10 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III — COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $ 620,400.00
3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A
and will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually
agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three
(3) days of notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
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of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for
which Payment Requests have been previously issued and payments received from City shall, to the best of
Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided
labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from
any liens, claims, security interests or encumbrances filed by anyone claiming by, through or
under the items covered by payments made by City to Consultant.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City
from damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and
follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
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ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.5 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required 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.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
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officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
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showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee, which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is
an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the
dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples
include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, and any and all other agreements, sources of information and matters that may, in City's and
Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its
designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
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10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI — CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
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12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent
to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
for remedy or (iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement, and City shall continue to make payments in
accordance with this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a
written notice of such dispute,then the Parties shall proceed with the mediation process contained herein.
12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent
to filing any lawsuit, request mediation of the dispute.
12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except
upon agreement of both parties.
12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within 30 calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
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Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City's
governmental immunity from lawsuit, which immunity is expressly retained to the extent it is
not clearly and unambiguously waived by state law.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for
services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the
termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or
partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were physically included herein.
13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or
intentionally fails to comply with a requirement of that subchapter.
13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to
the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner
these goals and objectives are to be met.
13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
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13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed
and filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
13.11 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed
and tried in Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any
Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in
any way the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, the Consultant's response to
the Request for Qualifications related to this project, or in any other document prepared by Consultant and
included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence
and control to resolve said conflict.
[Signature Page Follows]
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CITY OF CORPUS CHRISTI BRW ARCHITECTS
Michael Rodriguez Date Ray Holiday Date
Chief of Staff Principle
175 Century Square Drive,
College Station, Texas 77840
rhollidayt-brwarch.com
APPROVED AS TO LEGAL FORM:
Assistant City Attorney Date
Authorized By
Council
ATTEST
City Secretary Date
Contract for Professional Services
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BROWN REYNOLDS WATFORD
ARCHITECTSMM
my 22 2021AugustReyi_ed august 24 2021; Revised September 24,2021
Professional Services Proposal
City of Corpus Christi,Texas
Fire Station 3
Project Number: 21085
ATTN: Jeffrey Edmonds, PE., Director of Engineering Services
BRW Architects is pleased to submit this proposal for architectural services to design Fire Station No. 3 for the City
of Corpus Christi.
The project scope,scope of services, project schedule,and compensation are described below:
1. INITIAL INFORMATION
Scope-The professional architectural services are for the design and construction of a new state-of-the-art single-
story Fire Station 3 located at the intersection of Morgan and Brownlee. The new station will replace the
antiquated Fire Station 3 located adjacent from the site. The new station will meet current firefighting operations
and standards that will allow for faster turnout times and cleaner work environments for the safety of firefighters.
The new station will be approximately 13,000-13,500 SF; 5-bay station. The new facility will accommodate 15
firefighters (male/female),dayroom, kitchen,weight room, and a new classroom-training/com munity room. The
Construction Budget is $6.5 Million.
2. ARCHITECTS RESPONSIBILITIES
A. The Architect shall provide the professional services as set forth in this agreement.
B. Architectural
■ Description of the basic services listed below under Scope of Services by Project Phases for the
Corpus Christi Fire Station 3 Facility.
■ Preparation or assistance of Solicitation and Contract Document Procedures
■ Furniture, Fixture & Equipment (FF&E) Plans/Specs
C. Landscape Architecture
■ Landscape design to meet zoning ordinance requirements as applicable and drought-tolerant
Native vegetation goals
■ Decorative Fencing as required around rear of station
D. Landscape Irrigation
■ Irrigation system design and documentation plans and specs
E. Civil Engineering
■ Drainage, grading and paving design
■ Grading spot elevation adequate for TAS compliance
■ On-site water, gas, and sewer utilities
■ On-site electrical
■ Geotechnical Survey for foundation and paving design recommendations.
■ Storm Water Pollutant Prevention Plan (SWPPP to be provided by Contractor)
F. Structural Engineering
■ Structural foundation
• Structural framing
Professional Services Proposal
City of Corpus Christi
Fire Station 3
Page 2
■ TDI Windstorm Certification
G. Mechanical, Plumbing and Electrical Engineering
■ Mechanical systems,including temperature controls systems and written sequence of operations
■ Fire Protection (sprinkler system)
■ Electrical power, lighting,and fire alarm systems
■ Coordination with utility companies for electrical power,telephone,fiber,cable TV, etc.
service entrances
■ Emergency generator (Natural Gas)
H. Additional Services to be provided by Architect:
■ Station radio, antenna, and alerting systems.
■ Audio/Visual Equipment
■ Building Security Equipment
■ Building and site review submittal
I. Additional Services Upon Request
■ Preemption signal for the light located at the corner of Morgan and Brownlee
■ Traffic analysis and traffic signals
■ Detention Pond design and review process
3. EXCLUSIONS FROM BASIC SERVICES
A. The services shown below are not anticipated at this time; however, project requirements
identified during design may require them to be added.
B. Architectural
■ LEED Design / LEED Certification
■ Full-time on-site construction observation
■ Environmental or hazardous materials conditions/ issues
■ Preparation or assistance of additional bid packages after the initial bid
C. Demolition
■ Demolition of buildings and other structures.
D. Civil Engineering
■ Underground detention design and review process
■ Zoning modifications, including street abandonments, easements
■ Environmental II or hazardous materials conditions / issues
■ Platting, Boundary and Topographical Survey
E. Mechanical, Electrical and Plumbing Engineering
■ Building utility bill estimates
■ Acoustical Design and Documentation
■ Energy Efficient/ Life Cycle
■ Telecommunications and computer equipment and wiring, including voice data,cable TV,fiber optic
Cabling,wire management systems and terminations. (City IT Department will provide fiber optic
cable and data drops. Conduit for the data drops to be installed by contractor).
4. OWNER RESPONSIBILITIES
A. The Owner shall not increase or decrease the overall budget,or the portion the budget allocated for
construction or contingencies,without modifying the agreement of the Architect to the corresponding
change in the project scope,quality,and/or professional service fees.
B. The Owner shall provide written comments within fourteen-twenty-one (14-21) calendar days pertaining
to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and
Professional Services Proposal
City of Corpus Christi
Fire Station 3
Page 3
sequential progress of the Architects'services. The Owner shall not modify a decision once given to the
Architect without additional compensation to the Architect.
5. OWNER PROVIDED SERVICES AND SYSTEMS
A. The Owner shall furnish services or building systems other than Basic Services or authorize the Architect in
writing to furnish them as an Additional Service,when such services are required to complete the project,
provided that the City may use another subcontractor to provide the following services. These services
may include those listed below as applicable:
• Laboratory materials testing /inspections (during construction)
6. SCOPE OF SERVICES BY PROJECT PHASE
A. Kick Off Meeting
■ Review scope of work with project team. Identify contact information as well as chain of command
for distributing information.
B. Programming
■ BRW,working with Corpus Christi Fire Department and city staff,will review the program of spaces
for the New Station No. 3.
C. Code Research
■ Research the International Building Code requirements as well as plumbing, electrical, lighting, and
mechanical,site,floodplain,TAS by identifying requirements and restrictions related to the new Fire
Station No. 3.
D. Schematic Design
■ Schematic Design documents shall include a site plan, building plans,sections,elevations and
renderings. Preliminary selections of major building systems and construction materials shall be
noted on the drawings or described in writing. The Schematic Design phase shall include three (3)
working design meetings with the Owner.
■ Meet with City of Corpus Christi Development Services Department for Early Assistance Meeting. (3-
weeks to schedule)
■ BRW will provide a statement of probable cost at the completion of Schematic Design,which will be
a general estimate developed from several cost data bases including our own to determine the cost
per square foot.
E. Design Development
■ BRW will develop the Schematic Design to greater detail. The Architect shall provide Design
Development Documents based on the approved Schematic Design Documents and probable cost of
the Work. The Design Development Documents shall illustrate and describe the refinement of the
design establishing the scope, relationships,forms,size and appearance of the project by means of
plans,sections and elevations,typical construction details,and outline specifications. The Design
Development Documents shall include in general the quality levels for major materials and project
systems.
■ During the design process,the Architect shall work with the Owner and user group to coordinate the
scope of the project. At the completion of Design Development,the Architect shall update the
probable cost of the Work and the project schedule. The Architect shall advise the Owner of any
changes from previous cost projections due to adjustments in the project scope, refinement of the
probable cost of the work,or general market conditions. If at any time the Architect's estimate of
the Cost of the Work exceeds the Owner's budget,the Architect shall make appropriate
Professional Services Proposal
City of Corpus Christi
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recommendations to the Owner to adjust the project's size, quality or budget, and the Owner shall
cooperate with the Architect in making such adjustments.
■ BRW will provide preliminary Civil,Structural,Mechanical,Electrical, and Plumbing engineering.
Design and coordination with the Owner's IT department will be implemented at this phase. During
this phase interior elevations will be developed and BRW will review finish materials, lighting, and
furniture. BRW will review with the Owner, equipment and furniture that are owner supplied vs.
items supplied by the contractor during construction. Door hardware will be outlined and reviewed.
BRW will prepare an outline for materials and products used for specifications.
■ Our civil engineer will evaluate our site conditions along with parking requirements, drainage,
landscaping and irrigation.
■ Meetings and Deliverables. The Design Development phase shall include two (2) working design
meetings with the Owner. City of Corpus Christi requires 2 hard copy conformed sets after Bid
Phase; Two half size (1 1" x 17") "conformed" plan sets at the end of the bid phase. Furthermore
two (2) 8.5" x 11" project manuals (front ends).
■ BRW will provide a statement of probable cost at the completion of Design Development,which will
be a general estimate developed from several cost data bases including our own to determine the
cost per square foot and general costs of selected materials and methods. BRW will submit the
estimate in PDF electronic format.
F. Construction Documents
■ The Architect shall provide Construction Documents based on the approved Design Development
Documents and updated probable cost of the Work. The Construction Documents shall set forth in
detail the requirements for construction of the Project. The Construction Documents shall include
Drawings and Specifications that establish in detail the quality levels of materials and project
systems required for construction.
■ The Architect shall update the estimate of the Cost of the Work and project schedule at 30%,60%
and 90%completion of Construction Documents. The statement of Probable Cost shall be an
estimate to include materials, equipment,component systems and construction types for construction
costs. The Statement of Probable Cost will also include project costs consisting of alternates to the
bid,owner provided furniture and equipment, an allowance for construction testing,along with the
contingency. The contingency includes Owner Generated Changes,Architectural and Engineering
Design Contingency, and Unforeseen Construction Conditions. It is recognized that neither the
Architect nor the Owner has control over the cost of labor, materials or equipment,over the
Contractor's methods of determining bid prices,over competitive bidding,or market conditions.
Accordingly,the Architect acknowledges that the bids may vary from the Owner's budget or the
Architect's cost estimate.
■ During the development of the Construction Documents,the Architects shall prepare a Project Manual
including (1) bidding and procurement information which describes the time, place and conditions of
bidding; bidding or proposal forms; and (2) the Conditions of the contract for Construction (General,
Supplementary and other Conditions).
■ Construction Documents phase deliverables shall include PDF documents at 30%completion and
90%completion for the Owner's review and comment. Final deliverables at 100%completion shall
include and one electronic file of the Contract Documents in PDF format and Specifications in PDF
format.
■ Final design and coordination of the mechanical, electrical, and plumbing will be completed.
Mechanical engineering will include sizing of equipment,ducts, diffusers,dampers,and appropriate
calculations. Plumbing engineer will include design of wastewater system tied into the existing
system,supply water, and gas system. Electrical engineer will provide lighting,speaker system,
phone,cable, and data wiring. Civil engineering work will be reviewed and coordinated, and final
details will be drawn and specified.
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■ Upon receiving a letter of notice to proceed, BRW will update the building project schedule.
■ Prepare complete Construction Documents, Specifications,Architect's Cost Estimate and Schedule and
submit for Permit. Submit plans to Developmental Services Department for their review.
■ BRW will be responsible for submitting construction documents to Development Services (DS) for plan
review. Engineering Services (ES) will process plan review and permit fees internally to Development
Services. BRW will be responsible for addressing any DS code comments and providing ES with a
permit ready set of construction documents. ES understands that DS will not release the permit until a
contractor of record is identified after bid opening.
■ Submit plans and coordinate with Texas Department of Licensing and Regulation (TDLR) or
Registered Accessibility Specialist (RAS)for accessibility review and city permitting. Obtain EAB
Number and Plan Review Report and approval for permit.
■ Coordination of all architectural drawings will be detailed and finalized. Specifications will be
coordinated with drawings and completed. BRW shall assist in the solicitation for inclusion in the
specifications.
■ The Construction Documentation Phase shall consist of five (5) meetings. Construction Documents
phase deliverables shall include two full-size sets of documents at 30%completion and 90%
completion for the Owner's review and comment. Final deliverables will be coordinated and
submitted per standard process with engineering services; submittals at 30/60/90/100.
G. Bidding includes the following
■ BRW will assist the City of Corpus Christi by providing electronic(PDF) drawings and specifications.
The City of Corpus Christi Contracts and Procurement Department will request bids through Civcast.
■ The Owner intends to utilize Competitive Sealed Proposal delivery method for the project. The term
"competitive bidding" and "competitive sealed proposals" as used in this agreement shall mean the
same method of construction procurement ultimately selected by the Owner. BRW will provide
drawings and specifications to the Owner for posting.
■ The Architect shall prepare responses to questions from proposers and provide clarifications and
interpretations of the Contract Documents in the form of Addenda.
■ The Architect shall consider requests for substitutions during the pricing period,as permitted by the
Contract Documents, and shall prepare Addenda including approved substitutions.
■ The Architect will participate a pre-proposal conference for prospective bidders.
■ BRW will assist the City during the bidding phase.
H. Construction Administration
■ Participate in Pre-Construction Meeting (Webex).
■ Attend and chair(or as requested by Project Manager) construction progress meetings based
roughly on one (1) meeting per month on site.
■ The Architect shall not have authority over or responsibility for the means,methods,techniques,
sequences or procedures of construction as selected by the Contractor, or for the safety
precautions and programs incident to the work of the Contractor, or for the failure of the
Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the
Contractor furnishing and performing the work.
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■ The Architect shall review and approve or take other appropriate action upon Contractor's
submittals such as shop drawings, product data,samples, and mock-ups for general conformance
with information given and the design concept expressed in the Contract Documents. Review is not
conducted for the purpose of determining the accuracy,completeness,or quantities,or for
substantiating instructions for installation or performance of equipment or systems.
■ The Architect shall visit the site to become generally familiar with the progress of the quality of the
work completed (assuming work is ongoing). The Architect's representative shall attend pre-
arranged progress meetings and prepare field reports described the status of the work and any
deviations observed from the Construction Documents.
■ Through the construction administration activities with monthly progress meetings,submittal approvals,
RFI's,change orders,construction schedule approval,and project close-out, BRW will serve as the
representative of the Owner during construction to observe the construction effort and the general
conformance by the construction contractor with the construction drawings and specifications.
■ Architect shall perform final closeout procedures as defined in the Contract Documents,including
preparation and verification of Punch Lists for the Contractor's use and transfer red-lined drawings
into as set of as-builts.
■ Construction Administration services beyond the following limits shall be an Additional Service:
• Evaluation of Contractor's substitution requests after thirty (30) days following the execution of
the contract.
• Owner requested project scope changes resulting in changes to the Construction Documents.
• Evaluation of claims submitted by the Contractor in connection with the work.
• One (1) year warranty walk through after completion.
• Construction Administration services provided more than sixty (60) days after the date of the
Substantial Completion,originally established in the construction contract shall be Additional Services,
with the exception of final completion and project closeout, and warranty walk. The monthly lump-
sum fee for extended Construction Administration(CA) services shall be the CA portion of the fee
divided by the number of months for construction originally established in the construction contract.
6. TRAVEL
A. Twenty-four visits to the site by BRW over the duration of the Project. The 24 visits by project team shall
be split into 10 visits during design and 14 visits during construction and any additional site visits
requested by the Owner shall be reimbursable expenses to BRW.Additional reimbursement excludes
additional site visits required to correct design errors or omissions.
7. COMPENSATION
A. Payment for Architectural services is not to exceed an amount of $620,400 to be invoiced monthly based
on the percentage of the hourly not to exceed amount projected.
B. Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the
Work,the compensation for each phase of services shall be as stated below.
C. If the Construction Budget increases by more than 5% prior to acceptance of the construction contractor's
competitive sealed proposal or construction manager's guaranteed maximum price,the Architect shall bill
for additional services on the adjusted cost at a rate 9%.
D. COST BREAKDOWN BY PHASES
Preliminary Phase (20%) $123,800.00
Design Phase (55%) $340,450.00
Bid Phase (5%) $30,950.00
Construction Admin Phase (20%) $123,800.00
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City of Corpus Christi
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E. COST BREAKDOWN BY DESIGN DISCIPLINE
Architectural $402,000.00
Structural $34,400.00
MEP $80,400.00
Civil $40,100.00
Landscape & Irrigation $17,200.00
TOTAL BASIC SERVICE $574,100.00
F. ADDITIONAL SERVICES
MEP Commissioning $19,700.00
Detention $6,500.00
Traffic Analysis/Traffic Signals $5,400.00
Fire Alarm /Fire Suppression Engineering $14,700.00
TOTAL BASIC and ADD SERVICES $620,400.00
G. COST OF THE WORK
■ In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies
for design, bidding and price escalation; to determine what materials,equipment,component
systems and types of construction are to be included in the Contract Documents. The Architect's
estimate of the Cost of the Work shall be based on current area,volume or similar conceptual
estimating techniques.
H. BILLING RATES
The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal
review practices.
• Site Principal /Engineer $240.00/hour
• Sr. Project Manager/Engineer $1 85.00/hour
• Project Manager Engineer $170.00/hour
• Project Architect Engineer $150.00/hour
• Architect /Engineer $1 25.00/hour
• Intern Architect I Engineer $105.00/hour
• Intern Architect II Engineer $85.00/hour
• Admin $70.00/hour
I. Additional Services
■ Additional Services may be provided after execution of this Agreement,without invalidating the
Agreement. Except for services required due to the fault of the Architect,any Additional Services
shall entitle the Architect to compensation and an appropriate adjustment in the Architect's schedule.
Additional Services will be negotiated on a lump sum basis.
■ Upon recognizing the need to perform Additional Services,the Architect shall notify the Owner with
reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect
shall not proceed to provide the following services until the Architect receives the Owner's written
authorization.
■ If the services covered by this Agreement have not been completed within six (6) months of the date
of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that
time shall be compensated as Additional Services.
J. BRW does not anticipate compensation for reimbursable expenses. Travel and other related expenses
are figured into the overall fee.
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City of Corpus Christi
Fire Station 3
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K. Unless otherwise agreed, payments for services shall be made monthly in proportion to services
performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid
thirty days (30) days after the invoice date shall bear interest at the rate of 5%or the maximum rate
allowed under Chapter 2251,Texas Government Code.
8. PROJECT SCHEDULE
We anticipate the following time periods for the project phases:
PROJECT PHASE COMPLETED
Programming/ Schematic Design (30%) 8 weeks
Design Development (60% & 90%) 4 weeks
Construction Documents (100%) 10 weeks
City review 8 weeks
Permit review 2-3 weeks
Bidding 8 weeks (2 months)
City Council 4 weeks
Building Construction 1 2-14 months
SUBMITTAL REQUIREMENTS—
30% Programming /Schematic Design —One submittal each for review and one review
meeting one week after submittal.
60% - 90% Design Development—One submittal each,one review meeting each two weeks after
submittal.
100% - S&S Construction Documents—One submittal and one review meeting two weeks after. Also,
Final Bid Document submittal after Development Services Department Reviews.
*Total of four(4)Design Submittals and four(4)Follow Up review meetings and one(1)final Bid Document Submittal.
9. SCOPE AGREEMENT
Agreement represents the entire and integrated agreement between Owner and the Architect and supersedes all
prior negotiations, representations or agreements, either written or oral.
This Agreement entered as of the day and year first written above.
ARCHITECT
Sign ure
Ray W. Holliday,AIA,ASLA,ASID,APA, Principal
Brown Reynolds Watford Architects, Inc.
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Exhibit B
Page 1 of 1
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
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 Engineering Services 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. 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
PROFESSIONAL LIABILITY $1 ,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 3-year reporting period provisions
or be maintained for 3 years after
project completion.
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, with the exception of professional liability, which may be
on a per claims made 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 Rev 12/20
1 .5 Consultant is 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. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
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 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
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 order Consultant to remove the
exhibit hereunder, and/or 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.
2 Rev 12/20
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1—Definitions and Terminology .......................................................................................................2
Article2—Preliminary Matters.....................................................................................................................8
Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8
Article 4—Commencement and Progress of the Work................................................................................9
Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9
Article 6—Bonds and Insurance .................................................................................................................10
Article 7—Contractor's Responsibilities.....................................................................................................10
Article 8—Other Work at the Site...............................................................................................................10
Article 9—Owner's and OPT's Responsibilities...........................................................................................10
Article 10—OAR's and Designer's Status During Construction ..................................................................11
Article 11—Amending the Contract Documents; Changes in the Work....................................................13
Article 12—Change Management ..............................................................................................................13
Article13—Claims.......................................................................................................................................14
Article 14—Prevailing Wage Rate Requirements.......................................................................................16
Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16
Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16
Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16
Article 18—Suspension of Work and Termination.....................................................................................16
Article 19—Project Management...............................................................................................................16
Article 20—Project Coordination................................................................................................................16
Article 21—Quality Management...............................................................................................................17
Article 22— Final Resolution of Disputes....................................................................................................17
Article 23—Minority/MBE/DBE Participation Policy..................................................................................17
Article 24—Document Management..........................................................................................................17
Article25—Shop Drawings.........................................................................................................................17
Article26— Record Data.............................................................................................................................20
Article 27—Construction Progress Schedule..............................................................................................21
Article 28—Video and Photographic documentation ................................................................................21
Article 29— Execution and Closeout...........................................................................................................21
Article30—Miscellaneous..........................................................................................................................22
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 1 of 22
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term's singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined, terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement - The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8. Bidder-An individual or entity that submits a Bid to Owner.
9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments, and required certifications.
10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier's check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form, refers to individual instrument.
12. Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13. Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 2 of 22
b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due; or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated, or addressed pursuant to:
a. The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. ("CERCLA");
b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.;
c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA");
d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e. The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous,toxic, or dangerous waste, substance,
or material.
17. Contract -The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment-A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications,and increases or decreases in unit price quantities, if any,that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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b. Achieve Substantial Completion; and
c. Complete the Work.
22. Contractor-The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work - The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests, or approvals referred to in the Contract Documents; or
C. Has been damaged or stolen prior to OAR's recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract -The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order-A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract.
31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs
resulting from claims or demands against Owner's Indemnitees. These costs include
fees for engineers, architects, attorneys, and other professionals.
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32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations,
ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
C. Field Order; or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City's officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45. Resident Project Representative or RPR-The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents-A schedule of required documents, prepared, and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor's Applications for Payment.
49. Selected Bidder-The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings, whether approved or not, are not
Drawings and are not Contract Documents.
51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications -The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor -An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion - The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions - The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data-Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities; or
C. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive -A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to "at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words "furnish," "install," "perform," and "provide" have the following
meanings when used in connection with services, materials, or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3. Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4. Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words "furnish," "install," "perform," or
"provide."
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind, class, and type even though the word
"all" is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words "furnish," "install," "perform," "provide," or
similar words include the meaning of the phrase "The Contractor shall..." before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT's project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2—PRELIMINARY MATTERS
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards, whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer's or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer's findings, conclusions, and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer's findings,
conclusions, and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer's findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer's findings, conclusions, and
recommendations.
ARTICLE 6—BONDS AND INSURANCE
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
ARTICLE 8—OTHER WORK AT THE SITE
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections,Tests, and Approvals
A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor's means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. OAR is Owner's representative. The duties and responsibilities and the limitations of
authority of OAR as Owner's representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer's visits and observations are
subject to the limitations on Designer's authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's
quality assurance program, and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives' authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer's authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designer's authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor
does not agree with the Designer's decision.
10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
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ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
ARTICLE 12—CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT's description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies, fuels, and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost; and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
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provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor's risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13—CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
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C. Claims by Contractor that are not received within the time period provided by section
13.02(8) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor's knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12,shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
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ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18—SUSPENSION OF WORK AND TERMINATION
ARTICLE 19— PROJECT MANAGEMENT
ARTICLE 20—PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
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ARTICLE 21—QUALITY MANAGEMENT
ARTICLE 22—FINAL RESOLUTION OF DISPUTES
ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24—DOCUMENT MANAGEMENT
ARTICLE 25—SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor's Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors, textures, or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general,conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 17 of 22
25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer's review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer's review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer's review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor's markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
C. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 18 of 22
c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked "Approved as Noted" and "Resubmit with corrections made." These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as "At Variance With" (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations, then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 19 of 22
Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26—RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor's Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
26.07 Record Data Submittal Procedures
26.08 Designer's Responsibilities
A. Record Data will be received by the Designer, logged, and provided to Owner as the Project
record.
1. Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2. Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3. Contractor's responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B. Designer may take the following action in processing Record Data:
1. File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of "Filed as
Received" and no further action is required on that Record Data.
2. Reject the Record Data for one of the following reasons:
a. The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 20 of 22
Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing."
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and
Resubmit." Contractor is to resubmit the Record Data until it is acceptable and
marked "Filed as Received." When Record Data is filed, no further action is
required and the Record Data process will be closed.
c. The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked "Rejected" and "Cancel
- Not Required." No further action is required and the Record Data process will be
closed.
C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as
Received."
ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29—EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A. Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B. OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C. Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1. Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2. Correct the noted deficiencies in the Work.
3. Notify the Designer when the items of Work in the Designer's notice have been
completed.
4. OPT will revisit the Site and repeat the process.
5. Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6. Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 21 of 22
29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided; and
5. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30—MISCELLANEOUS
END OF SECTION
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
Page 22 of 22
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:
P. O.BOX:
STREET ADDRESS: CITY: ZIP:
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 "E"
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: Title:
(Type or Print)
Signature of Certifying Date:
Person:
DEFINITIONS
a. `Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company,joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.,,
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT "E"
Page 2 of 2
Capital Improvement Flan 2022 rhru 2024
City of Corpus Christi, Texas
Project# 210855
s
Project Name Fire Station #3
Type Improvement/Additions Department Fire Department
Useful Life 25 years Contact Fire Chief
w l`
Category Buildings-New Priority 4 Important-Community Invest
Status Active
Description
Project consists of the design and construction of a replacement for Fire Station#3. Fire Station 3 was built in 1954 and needs to be replaced
with a modern,energy efficient public safety facility. The design will include modern fire fighting operation and standards that will allow
for faster turnout times and a cleaner work environment for the safety of the firefighters and the public they serve.
Justification
Fire Station 3 is one of the oldest fire stations in the city;and does not meet current operational needs and standards.
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 3,580,000 3,800,000 7,380,000
Design 10,000 671,000 681,000
Temporary Facilities Expense 70,000 70,000
Eng,Admin Reimbursements 1,000 68,000 400,000 380,000 849,000
Total 11,000 739,000 4,050,000 4,180,000 8,980,000
Funding Sources Prior Years 2022 2023 2024 Total
Certification of Obligation 4,180,000 4,180,000
G.O.Bond 2020 11,000 739,000 750,000
American Rescue Plan Act 4,050,000 4,050,000
Total 11,000 739,000 4,050,000 4,180,000 8,980,000
Budget Impact/Other 71
The project can be completed and no new personnel will be needed to staff the fire Station. The Fire Department will use current staffing at the
station limiting the costs of the project to demolition,design costs and construction.Could potentially decrease daily energy costs with a newer
energy efficient facility and would decrease the cost of maintenance of a 65 year old facility.
165
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NOflPORPY ED
xss2 AGENDA MEMORANDUM
Action Item for the City Council Meeting of November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
JeffreyE(a)-cctexas.com
(361) 826-3851
Charles Mendoza, Director of Asset Management
CharlesM2(a)cctexas.com
(361) 826-1941
Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement
Heatherh3(a)cctexas.com
(361) 826-3227
Master Services Agreement
Facility Multiple Award Contract for Minor Construction, Repair,
Rehabilitation, and Alteration of Facilities
CAPTION:
Motion awarding a Master Services Agreement for a Facility Multiple Award Contract to Barcom
Construction Inc., Gourley Contractors LLC, Marshall Company, Ltd., from Corpus Christi, Texas,
and Alpha Building Corporation from San Antonio Texas, for minor construction, repairs,
rehabilitation, and alterations of facilities, with an annual not-to-exceed amount of$2,000,000.00
and a total contract not-to-exceed amount of$6,000,000.00. Contracts have one base year with
two one-year renewal options to be administratively authorized annually, with FY 2021 funding
available from Certificates of Obligation, Bond, and Capital Funds.
SUMMARY:
This motion awards four separate Facilities Multiple Award Contract (FMAC) Master Services
Agreement (MSA) for City facility projects requiring minor construction. This includes general
improvements to interior, exterior, mechanical, electrical, plumbing (MEP), roofing, landscaping,
and other facilities-related construction services. Building improvements may consist of
renovations or rehabilitation to fire stations, police stations, libraries, senior centers, recreation
centers, museums, and other construction projects outlined in the Capital Improvement Plan or
projects requiring unforeseen urgent attention.
BACKGROUND AND FINDINGS:
The City of Corpus Christi Asset Management Department is responsible for overseeing the
maintenance and repairs of the various City facilities such as fire stations, police stations, libraries,
senior centers, recreation centers, museums, and others. Capital projects and projects that
exceed the scope of Asset Management's staff or contractors are referred to Engineering
Services for execution.
The FMAC MSAs help expedite the project execution on smaller facility projects. Typical
assignments include renovations and rehabilitation of the interior, exterior, mechanical, electrical,
plumbing (MEP) upgrades, and related site work. These contracts are typically reserved for single
assignments not expected to exceed $500,000 in value. Construction projects with anticipated
costs greater than $500,000 are typically procured through full and open bid. FMAC projects may
be funded in the City's Capital Improvement Plan or by departmental operating funds.
The FMAC MSA is a variation of the Job Order Contracting program authorized under Texas
Administrative Code Chapter 2269. The FMAC program utilizes competitive sealed bids among
pre-qualified contractors each time a FMAC project is identified. All pre-approved contractors are
invited to bid on individual projects or packages of small projects. This format helps expedite work
and improve efficiencies by having a group of contractors that are familiar with the City's business
processes and are interested in generating follow-on work.
The construction value of FMAC projects typically ranges from $50,000 to $500,000. The FMAC
contracts have no guaranteed minimum and a maximum aggregate not-to-exceed amount of
$2,000,000 in any one year or $6,000,000 for the life of the contract. The contract ceiling was set
sufficiently high to ensure that any individual contractor would be unlikely to reach the contract
ceiling since that would reduce competition.
Some of the projects that will be bid on the FMAC MSA are Bond 2020 District Parks, City-wide
Recreation Centers/Senior Center/Facilities/Libraries repairs, City Hall Skylight Replacement,
and the JC Elliot Transfer Station Roof replacement.
A quarterly report on the FMAC Program is distributed to Council. The most recent report covering
July through September 2021 is included in the agenda item backup.
PROJECT TIMELINE:
2021 2022i2024
November 2021 — November 2024
Services
Project schedule reflects City Council award in November 2021 with anticipated completion in
November 2024. Project schedule reflects City administrative renewal options, if exercised.
COMPETITIVE SOLICITATION PROCESS
The incumbent FMAC contracts were in the amount of $2,500,000 with Barcom Construction,
Gourley Contractors, Davila Construction, and Teal Construction. Contracts for Davila
Construction and Teal Construction were not renewed as the firms expressed their lack of interest
in continued participation in the FMAC program, and they did not submit a Statement of
Qualifications for review and consideration.
As part of every solicitation process, potential firms submit their qualifications for the project to
the City for review. Staff reviews the Submittals of Qualification (SOQ) and sets up interviews with
the firms. Eight firms submitted qualifications statements under the RFP 3576, and the four
highest-ranking firms were selected based on the SOQ, experience, and interviews.
The RFP committee consisted of representatives from Asset Management, Contracts &
Procurement, Engineering Services and the City Manager's Office. Firms were ranked based on
four factors: firm experience, key-staff experience, understanding the scope, and pricing value.
Barcom Construction Inc., Gourley Contractors LLC., Marshall Company, Ltd., and Alpha Building
Corporation were selected for FMAC construction services in August 2021 under Request for
Proposal (RFP) 3576.
Barcom Construction Inc has completed numerous facility projects such as new construction of a
facility for the Nueces County Water District, bus facility and renovations for Port Aransas ISD, a
new cafeteria/multi-purpose building for the Seashore Charter School, and sitework, landscaping
and irrigation for Saxum Property Holdings, LLC.
Gourley Contractors LLC has completed numerous facility projects for the City such as the Fire
Department Headquarters & EOC MEP Upgrades,Animal Care Generator Replacement, and Fire
Station #1 Roof Replacement.
Marshall Company, Ltd. has completed numerous facility projects for the Diocese of Corpus
Christi for the removal & replacement of roofs, HVAC systems, and interior and exterior repairs
of facilities. They have also completed projects for International Bank of Commerce for interior
finish out, and Corpus Christi Independent School District for the construction of a concession
stand and renovation of the interior vending area into a classroom for the CCISD Natatorium. This
will be the first time they work with the City of Corpus Christi.
Alpha Building Corporation has completed numerous facility projects for the City of San Antonio,
City of Austin, and City of EI Paso. These projects include water cistern replacement, installation
of trees in neighborhoods, interior/exterior renovations to senior centers, interior library
renovations, installation of shade structures, reconstruction of tennis courts, and parking lot
improvements. This will be the first time they work with the City of Corpus Christi.
ALTERNATIVES:
Not awarding this MSA would require the City to procure minor contracts through the normal bid
process. That will impact schedules, costs, and administrative effort for these projects. It would
also increase the level of effort educating contractors in the City's business processes.
FISCAL IMPACT:
The fiscal impact for FY 2021 is an amount not-to exceed $2,000,000.00 for each contract. From
a practical perspective, the impact will be much less than that amount. Funds are encumbered at
the Task Order level and funding sources are identified before proposals are requested from the
contractors. Funding may originate from Certificates of Obligations, G.O. Bonds or annual
operating funds.
FUNDING DETAIL:
Not applicable. Funding details will be available as projects are identified and once task orders
are issued for the required work.
RECOMMENDATION:
Staff recommends approval of this motion to award this MSA to Barcom Construction Inc.,
Gourley Contracting, Marshall Company, and Alpha Building Corporation, in an amount not to
exceed $2,000,000 per year with additional renewal option for not more than two additional years
to be administratively authorized.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Evaluation Matrix
FY 2021 FMAC 3rd Qtr Report (July 2021 thru September 2021)
Presentation
RFQ NO.3576 FACILITIES MULTIPLE AWARD CONTRACT(FMAC)FOR THE MINOR CONSTRUCTION
Marshall South Texas
Proposal Evaluation Contractors Barcom Gourley Company Alpha Building GeoFill MB Western ICE
Partners
MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Pass Pass
5 year in General construction Experience v✓✓ �/ v✓✓ �/ �/ �/
No material lawsuits during last 5 years
No material regulatory issues last 5 years
TECHNICAL PROPOSAL (60 PTS) 58 56 52 49 42 45 38 32
Firms'Experience(20 pts) 20 19 18 17 17 15 13 11
Team's Experience(20 pts) 19 18 18 16 10 16 13 10
Understanding of Project Scope(20 pts) 19 19 16 16 15 14 12 11
INTERVIEW(10 PTS) 9 9 9 9 9 8 0 0
Firms'Experience(25 pts) 2 2 2 2 2 2
Team's Experience(2.5 pts) 2 2 3 2 2 2
Understanding of Project Scope(5 pts) 5 5 4 5 5 4
PRICE(30 PTS)
Contractor Performace/Payment Bonds Pricing(30 pts) 30 28 24 22 26 20 18 16
Totall 98 93 85 80 77 73 56 48
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NOT TO SCALE Project Number: N/A
FMAC MSA Minor Construction, Repair, CITY COUNCIL EXHIBIT
Rehabilitation, and Alteration of CITY OF CORPUS CHRISTI,TEXAS
Facilities DEPARTMENT OF ENGINEERING SERVICES
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FMAC MSA Minor Construction, Repair, CITY COUNCIL EXHIBIT
Rehabilitation, and Alteration of CITY OF CORPUS CHRISTI,TEXAS VONI
Facilities
DEPARTMENT OF ENGINEERING SERVICES
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1852 Memorandum
To: Peter Zanoni, City Manager
CC: Mayor and City Council Members
From: Jeff H. Edmonds, P.E., Director of Engineering Services
Date: July 1, 2021
Subject: Status Update: FMAC Task Orders
On July 21, 2020, City Council approved the renewal of four Master Agreements for the Facilities
Multiple Award Contract (FMAC) Program with a maximum aggregate of $2,500,000 per
agreement in any one year. City Council requested quarterly reporting regarding the FMAC on
March 26, 2019.
Background & Findings
The FMAC Program utilizes a set of pre-approved contractors to bid on individual projects or
packages for minor construction, repair, rehabilitation, and alteration services for city facilities.
Procedures have been put in place to monitor all executed task orders and report quarterly to
City Manager and Council. The table below identifies the four Contractors awarded the FMAC
Agreements including the total amounts awarded through the end of the 3rd Quarter FY2021.
CONTRACTOR AMOUNT AWARDED AS OF
THE END OF 3rd QUARTER
FY20 21
Barcom Construction, Inc. of Corpus Christi, Texas $1,282,515.16
Davila Construction, Inc. of Corpus Christi, Texas $489,000.00
Gourley Contracting, LLC of Corpus Christi, Texas $169,147.00
Teal Construction Company, Inc. of Corpus Christi, Texas $564,202.00
Total $2,602,940.32
Since the current contracts have substantial remaining capacity, Engineering Services has
extended the contracts an additional six months with the revised expiration date of September
26, 2021. Next report will be distributed after the end of the 4th Quarter FY 2021.
Attachment:
FMAC Summary by Contractor
Detail Report— Barcom
Detail Report— Davila Construction
Detail Report— Gourley Contracting
Detail Report —Teal Construction
March 26,2020-March 25,2021...Extension Term March 26,2021-September 26,2021
Project Project Name Project Description Bid Opening Law Bidder Law Bid$ Notice to Project Status Change Change Order Close Oct Number
Number Date Proceed Date Order No. Total D.te(End ,ft.sk
ask Order Date) orders
warded
20631 CCIA TSA Security Equi proem Consolidation(FMAC) TSA Baggage&Screeni ng area lm F--,mems a rid a l l associated war k.I nclud I ng west&East 3/4/2021 Teal Construction S 564,202.00 6/23/2021 Construction 1
bound motorized canoe,r.
19049 Sherri)Park Shade Structure Exten,r improvements will include the addition of ane pergola structure attached to the 5/12/2021 Gourley Contractors $ 94,091.00 5/20/2021 Construction 1
existing pergola.The pergola will be supported by the existing structure an ane end&the
addition,f two new concrete columns at the other end.
211M 6th FI„rConference R„m Structual Repairs Emergency structural repairs in structural c,mp,nets and HVAC it handling units.These N/A N/A $ 44,841.16 4/]/2021 Construction N/A N/A
structual issues were discovered during the 6th floor conference remodel.Project did net
bid due to structural urgency.
1
181770 Fire Headquarters EOC MEP Rephc...nt,f he.tiMw.ter pump,e,Mnsi,n,f existing control system int,building 3/3/2021 Gourley Contracting $ 169,147.00 4/12/2021 Construction 8/10/2021 1
3490 automation,cheminc.l tm,tment,f he.tingw.ter,rade impr,vementste combustion it
ducting,and replacement,f m,f mounted exhaust fans.
E16302/ Fire Statin 16 Generator Replacement Exsiting generat,r is spast serm—ble life cycle and d,es not pmvide service in entire fire 1/13/2021 Davila C,nstmcti,n $ 102,900.00 3/1/2021 C,nstructi,n 7/29/2021 1
3363 station.Sc,pe includes uMr,gding generator in serve the entire fire station.A new tanser
switch and pertinent electrical wiring will be pr,vided.New installation will meet current
W ndst—and FEMA flood code requirements.
20626A/ Fire Statin 17 Driveway C...ntfire-statin h.s,ne driveway far a buildingth.t was designed f,rtw,driveways. 2/10/20213arc,m C,nstructi,n $ 110,180.00 4/5/2021 C,nstructi,n 7/4/2021 1
3440 This makes it dificult and time consuming far emergency vehicles m m.n,uver around fire
station gage and parking lot.The scope includes addition,f new driveway m improve
vehicle access in fire station.
831561F Health Department Walk-In C„ler P em.nuf.ctued refri eater unit c„ler will house cold-strain immunizations 1/29/2020 3arc,m C,nstructi,n $ 44,841.16 4/27/2020 Closed out 6/6/2020 1
18167A Recreation Center Multiple Location Improvements Joe Garza Be,Center includes rephc...nt,f existing sidewalk and amps;Rel,c.ted 8/12/2020 3arc,m C,nstructi,n $ 186,567.00 9/28/2020 1
h.ndimpped parking signage;Installation,f new asphalt paving;Rel,c.ti,n,f wheel steps;
Restriping.Lindale Rm.Center Includes rel,c.ti,n,f existing and instAl.ti,n,f new Wilet
es;Replacement and modification,f h.ndail;Repl.cement,f existing air-c„led
,ndensing units, it handling unit,and thermostats;Repl.cement,f existing water heater.
18171C Dimmit Pier Improvements Project Fishing Pier improvements and repairs including replacement af.Ilwred planks&guard 7/15/20203arc,m C,nstructi,n $ 400,250.00 8/31/2020 1
railing,addition,f fish cleaning stations&benches,and lighting&plumbing improvements.
18166A Senior Center Multiple L,c.ti,n Improvements Garden Sr.Centerincludes fence a rdipterepl.cement;E .d.rd.—ndfame repairs; 8/12/2020 Davila C,nstmcti,n $ 386,111(1.00 10/19/2020 1
Wind,wfame repairand replacement;E .ri,rpainting;Fascia and soffitrepairs;
Repl.c...nt,fall-.nor hardware and automatic d„r,peners.Greenwood Sr.Center
Includes replacement,f air...led condensing unit, it handling units,and thermostats.
N.W.Sr.Center includes sidewalk with curb replacement in accordance with TAS;Pavement
and manhole repairs;Striping as required;Sidewalk ramp replacement;Repl—r-ent,f
xisfing d„r glazing;Aluminum storefront repairs;Drywall patch and paint;Replace existing
water cooler;Rephc...nt,f existing r,untert,p,splash,disposal,base cabinets,and 3-
,mprtment sink.01 W.Sr.Center include d,wnsp,ut and metal soffit replacement;
Soffit repairs;Replacement,f window frames and glazing;Repl.cement,f-crwr d„rs;
Fascia panel repairs and painting;Security fence installation.
20240A 20240A 6"FI„r C,nference R„m Ren,v.ti,n Thesc,peafw,rkincludesc,mpleterem,del,fthesi#hfl„rc,nf,m,cem,m.The 10/13/20203arc,m Construction $ 499,821.00 12/17/2020 1
conference roam will be completely enclosed,a wall and d„rs will be added in divide it
from the rotunda in order in pmvide privacy.The work will also include improvements and
upgrades in the audio visual equipment,IT cabinets and other millworks,sp.ce.r,ustics,
lighting,and it c,nditi,ning.
Total Totals $ 2,602,940.32 11
Notes:
FMAC does In.have Delivery Orders
The Project number is the Task Order
Contract Am Dunt $ 2,500,000.00
Mi TO $ 169,147.00
Capacity $ 2,330,853.00
March 26,2020-March 25,2021...Extension Term March 26,2021-September 26,2021
Project Number/ Project Name Project Description Bid Opening Law Bidder Law Bid$ Noticeto Project Status Change Change Close Out Number
Contract Na. Date Proceed Date Order Order Date(End of task
Na. Total Date( orders
3 Sm S awarded
19049 Sherril Park Shade Structure EMeri.r improvements will include the addition of one pergola structure attached t.the 5/12/2021 Gourley Contractors $ 94,091.00 5/20/2021 Construction 1
existingpergola.The pergola will be supported by the existing structure an ane end&the
addition.f two new concrete columns at the other end.
181]][/3490 Fire Headquarters EOC MEP Replacement.fh.atingwat.rpump,expansicn.f existing c.ntml system into building 3/3/2021 Gourley C.nt—ing $ 169,147.00 4/12/2021 C.nst—ion 8/10/2021 1
automation,ch.mincal tm,tment.f heating water,cad.improvements t.c.mb.sti.n air
ducting,and mplacement.f r..f mounted exhaust fans.
Total $ 169,147.00 2
N.—
FIMC does nM have Delivery Orders
The Project number is the Task Order
Contract Amount S 2,500,000.00
y TO S 386,100.00
Capacity $ 2,113,900.00
March 26,2020-March 25,2021...Extension Term March 26,2021-September 26,2021
Project Number/ Project Name Project Description Bid Opening Law Bidder Law Bid$ Notice to Project Status Change Change Number
Contract Na. Date Proceed Date Order Na. Order oft.sk
Aft
Total orders
awarded
18166A/3131 S.niot Cent.r Multiple Location lm prove — 8/12/2020 Davi la Construction $ 386,100.00 10/19/2020 1
Garden Sr.Center includes fence and gate repla—at;E#.rmr door and fame repairs;
W ndawframe repair and replacement;EM.rmr painting;Fascia and soffit repairs;
Replacement of all eA,ri,r hardware and automatic door openers.Greenwood Sr.[enter
includes repla—at of air-coaled mnd.using unit,it handling units,and thermostats.N.W.
Sr.[enter includes sidewalk with curb replacement in accordance with TAS;Pavement and
aahal.repairs;Striping as required;Sidewalk ramp repla.m.nt;Replacement of existing
door glazing;Aluminum storefront repairs;Drywall pad,and paint;Replace existing water
coder,Replacement of existing countertop,splash,disposal,base cabinets,and 3-
ampartment sink.Oceal W.Sr.[enter include downspout and metal soffit replacement;
Soffit repairs;Replacement of window fames and glazing;Replacement of-.riot doors;
Fascia panel repairs and painting;Security fimcc install atian.
E16302/3363 Fire Station 16 G.n.atar R.placcm.nt Exsiting Wn.atar is spast serviceable life cycle and does not provide service to entire fire 1/13/2021 DaWa Construction $ 102,900.00 3/1/2021 Construction 7/29/2021 1
station.Smp.includes upg.gding Wn.ratorto serve the entire fire station.A new transer
switch and pertinent electrical W ring will be pmvid.d.New installation will meet arrant
windstorm and FEMAflaad code requirements.
Total $ 989,000.00 2
N—
FMAC does not have Delivery Orders
The Project number is the Task Order
Contract Amount $ 2,500,000.00
YTD TO $ 1,241,659.16
Capacity $ 1,258,340.84
March 26,2020-March 25,2O21...Extension Term March 26,2021-September 26,2021
Project Number/ Project Name Bid Opening Low Bidder Low Bid$ Notice to Project Status Change Order Change Close Out Number of
Contract No. Date Proceed Date No. Order Total Date(End taskorders
Date) awarded
21100 6th Floor Conference Room Structural Repairs N/A N/A $ 40,856.00 4/7/2021 Construction N!A N/A N/A 1
20626A/3440 Fire Station 17 Driveway 2/10/2021 Barcom Construction $ 110,180.00 4/5/2021 Construction 7/4/2021 1
831561F Health Department Walk-In Cooler 1/29/20201 Barcom Construction $ 44,841.16 4/27/2020 Closed out 6/6/2020 1
18167A Recreation Center Multiple Location Improvements 8/12/2020 Barcom Construction $ 186,567.00 9/28/2020 1
18171C Dimmit Pier Improvements Project 7/15/2020 Barcom Construction $ 400,250.00 8/31/2020 1
10/13/2020 Barcom Construction $ 499,821.00 12/17/2020 1
20240A 20240A 6"Floor Conference Room Renovation
Notes:
FMAC does not have Delivery Orders
Total $ 1,282,515.16 6
The Project number is the Task Order
Contract Amount S 2,500,000.00
YTD TO S 564,202.00
Capacity $ 1,935,798.00
March 26,2020-March 25,2021 Extension Term March 26,2021-September 26,2021
Project Number/ Project Name Project DescriptionBid Opening Low Bidder Low Bid$ Notice to
Contract No. Date Proceed Date
20631 CCIA TSA Security Equipment Consolidation(FMAC) TSA Baggage&Screening area improvements and all associated work.including west&East 3/4/2021 Teal Construction $ 564,202.00 6,123,12021
bound motorized conveyor.
Total $ 564,202.00
Notes:
FMAC does not have Delivery Orders
The Project number is the Task Order
Project Status Change Change Close Out Number
Order No. Order Date(End of task
Total Date) orders
awarded
Construction
1
1
Carpu5 Ch -sti
Engineering
Facilities Multiple Award Contract (FMAC)
November 9, 2021
Facilities Multiple Award Contract
\ CgrpUS Christi
Engineering
FMAC Program was implemented in 2016 to replace the previous Job
Order Contract (JOC) program and follows the same provisions of the
Texas Government Code.
• Provides for expedited procurements for minor construction, repair,
rehabilitation, and alteration of facilities.
• Provides a competitively pre-selected list of contractors who
subsequently are invited to bid on projects, as needed.
• Multi-year program has a two-year base term with option to renew
administratively for up to three one-year periods.
• Projects under $500,000 can be executed administratively with a
maximum aggregate of $2,500,000 to any one contractor per year.
Facilities Multiple Award Contract
aAj / 1 Corpus Chr stl
Engineering
9
The FMAC Program fills the gap between service contractors and projects
that are publicly advertised and bid. The project size range for FMAC will
typically be between $50,000 and $500,000.
SERVICE FMAC OPEN
CONTRACTOR CONTRACTOR BID
111!11! F. • • •
3
Facilities Multiple Award Contract
Corpus Christi
Engineering
This round awards an annual not-to-exceed amount of $2,000,000 (or up
to $500,000 per firm) to complete minor construction and repairs.
• The contract comes with two one-year renewal options
• Total award amount if both renewals are exercised: $6,000,000
• Funding may originate from Certificates of Obligations, G.O.
Bonds or annual operating funds.
Facilities Multiple Award Contract
Cgrpu5 Chi
i
Engineering
Eight (8) contractors submitted competitive proposals with the following
four recommended after evaluations:
1. Barcom Construction (incumbent)
2. Gourley Contracting (incumbent)
3. Marshall Company Ltd.
4. Alpha Building Corporation
Selection Criteria
• Experience and Qualifications (20%)
• Technical Approach, Quality Control, & Safety Plans (20%)
• Past Performance (30%)
• Price Factor (proposed coefficients) (30%)
Facilities Multiple Award Contract
Cgrpu5 Chi
i
WN- J Engineering
Firm Previous Projects
1. Barcom Construction (incumbent)
• Nueces County Water District
• Port Aransas ISD facility renovations
• Saxum Property Holdings, LLC., sitework, landscaping and irrigation
• Seashore Charter School multi-purpose building construction
2. Gourley Contracting (incumbent)
• Fire Department Headquarters & EOC MEP Upgrades,
• Animal Care Generator Replacement
• Fire Station#1 Roof Replacement
6
Facilities Multiple Award Contract
Cgrpu5 Chi
i
WN- J Engineering
Firm Previous Projects
1. Marshall Company Ltd.
• Corpus Christi Diocese roof replacements, HVAC systems,
interior/exterior repairs
• International Bank of Commerce interior work
• CCISD construction and renovation for CCISD Natatorium
2. Alpha Building Corporation
• Previous work done in San Antonio, Austin, and El Paso
• Senior Center interior/exterior renovations
• Parking lot improvements
• Shade structure installation
7
Corpus Chr st,
Engineering
Questions?
8
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NOflPORPY ED
xss2 AGENDA MEMORANDUM
Action Item for the City Council Meeting of November 9, 2021
DATE: October 26, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
6effreye(a)-cctexas.com
(361) 826-3851
Rolando Mata, Interim Director of Public Works
rolandom2(a)cctexas.com
(361) 826-1677
Heather Hurlbert, Director of Finance & Procurement
Heatherh3(a)cctexas.com
(361) 826-3227
Master Services Agreement
Major Outfall Assessments and Repairs
CAPTION:
Motion awarding a Master Services Agreement to Hanson Professional Services, Inc., Corpus
Christi, Texas, for the assessment of major outfalls and recommendations for repairs,
improvements, and/or rehabilitation in an amount not-to-exceed $120,000.00 for a two-year
contract with no renewal options, located Citywide, with FY 2022 funding available from Storm
Water Capital Fund.
SUMMARY:
This motion approves a Master Services Agreement (MSA) to perform professional engineering
services for assessments and repair of major outfalls throughout the city. The work will be
authorized by task order and includes engineering assessments, repair recommendations,
development of IDIQ bid documents and preparation of individual construction delivery orders.
The compensation will be on a time and material basis negotiated for each individual task order.
The contract has a not-to-exceed amount of$120,000.00 and a two-year contract term.
BACKGROUND AND FINDINGS:
The City of Corpus Christi Storm Water Division is currently responsible for over 100 miles of
major ditches, 370 miles of collector ditches, 110 bridges, and over 600 miles of underground
storm drainpipes. The FY 2020-2021 Storm Water Capital Improvement Program will address
increased development, capacity limitations of existing systems, and critical storm water
infrastructure throughout the City, ensuring compliance with state and federal regulatory
requirements.
There are eight major storm water outfalls and more than 100 other outfalls that allow runoff to
drain into Corpus Christi Bay. The purpose of this project is to provide an updated assessment,
which may include Brawner/Proctor and Morgan outfalls, and provide recommendations for
repairs, improvements, and rehabilitation, as necessary.
The MSA contract is for a two-year term with no renewal options. Individual task orders will be
negotiated and approved administratively. Previous major outfalls projects were contracted
individually. The proposed MSA and IDIQ format will help expedite the major outfall repair work.
PROJECT TIMELINE:
2021 20221
ONDJFMAMJJASONDJFMAMJJASO
Services
Project schedule reflects City Council award in October 2021 with anticipated completion in
October 2023.
COMPETITIVE SOLICITATION PROCESS:
Hanson Professional Services, Inc., was selected for the Major Outfall Assessment and Repairs
Project in June 2021 under RFQ 3559. The Major Outfall Assessment and Repairs Project was
one of three Professional Engineering Service contracts for the Storm Water CIP 2021 RFQ. Nine
firms submitted qualifications for the Storm Water CIP category. Contracts are being issued under
the Storm Water CIP category to the three highest ranking firms. This is the second of the three
contracts being awarded under this category. The third contract is scheduled to go to council in
December of 2021.
The selection committee consisted of representatives from Engineering Services and Storm
Water Department. Firms were ranked based on three factors: 1) firm's experience, 2) team's
experience, and 3) understanding of project.
Hanson Professional Services, Inc., has provided professional services for several City projects.
Some of the projects are Oso Creek Basin Storm Water Relief Project and Williams Ditch Storm
Water System Assessment. Hanson is currently working on the Nueces Bay Blvd. & Poth Lane
Waterline Replacement project for the City. Hanson has also provided professional services for
several City Bond road projects with extensive utility replacement, such as Gollihar Road, Staples
Street, and Williams Drive Phase II.
ALTERNATIVE:
Not awarding this MSA contract could result in delaying critical outfall repairs.
FISCAL IMPACT:
The fiscal impact for FY 2022 is an amount of $120,000.00 with funding available through the
Storm Water Capital Fund.
FUNDING DETAIL:
Fund: StrmWtr 2021 CIP (Fund 4533)
Mission Elem: Storm Water Drainage (043)
Project: Major Outfall Assessments and Repairs (Project No. 21106)
Account: Professional Services (530000)
Activity: 21106-4533-EXP
Amount: $120,000.00
RECOMMENDATION:
Staff recommends approval of this motion to award an MSA to Hanson Professional Services,
Inc., in an amount of $120,000 for a two-year contract period. The services are planned to start
in October 2021 with completion in October 2023.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Evaluation Matrix
Contract
CIP Page
RFQ NO.3559 - Professional Engineering Services for Storm Water CIP 2021
Lockwood
Hanson LNV,I.I.C. Costa Brava
LJA Andrews Mendez Halff Govind Munoz
Proposal Evaluation Engineering Professional and (Ardurra Engineering Associates Development Engineering Engineering,
Services Newman Group,Inc.) LLC
MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Pass Pass Pass
Lice nsin /Certification ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Minimum 10 years experience ✓ ✓ ✓ ✓ ✓ ✓
No material lawsuits during last 5 years ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
No material regulatory issues last 5 years ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
References Provided for firm ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Firms'Experience(30 pts) 27.40 25.60 24.20 21.80 22.60 21.80 19.00 16.80 7.40
Team's Experience(30 pts) 27.20 25.80 23.20 21.60 21.20 20.60 17.20 16.60 7.20
Understanding of Project Scope(40 pts) 35.20 33.00 32.20 27.40 27.60 24.80 19.40 18.80 6.80
Total 89.8 84.4 79.6 70.8 71.4 67.2 55.6 52.2 21.4
N
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D
CITYWIDE PROJECT D
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NOT TO SCALE Project Number: 21106
MAJOR OUTFALL CITY COUNCIL EXHIBIT
ASSESSMENTS & REPAIRS CITYOFCOFENGINRPUS ERINRISTI,TEXAS
ERV
DEPARTMENT OF ENGINEERING SERVICES
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SCALE: N.T.S.
CITYWIDE PROJECT
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VICINITY MAP
NOT TO SCALE Project Number: 21106
MAJOR OUTFALL CITY COUNCIL EXHIBIT
ASSESSMENTS & REPAIRS CITY OF CORPUS CHRISTI,TEXAS viQ
DEPARTMENT OF ENGINEERING SERVICES
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H SERVICE AGREEMENT NO. 3845
U
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
�N�ORPnPPS Ea
1852
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or designee and Hanson Professional Services, Inc., 4501 Gollihar Road, Corpus
Christi, Texas 78411 (Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I — PROJECT TASK ORDER................................................................................................2
ARTICLE 11 — COMPENSATION...........................................................................................................3
ARTICLE III — QUALITY CONTROL PLAN...........................................................................................4
ARTICLE IV— OPINIONS OF COST....................................................................................................4
ARTICLE V— INSURANCE REQUIREMENTS.....................................................................................4
ARTICLE VI - INDEMNIFICATION .......................................................................................................4
ARTICLE VII — TERM; RENEWALS; TIMES FOR RENDERING SERVICE.........................................5
ARTICLE VIII - TERMINATION OF AGREEMENT...............................................................................5
ARTICLE IX — RIGHT OF REVIEW AND AUDIT..................................................................................6
ARTICLE X— OWNER REMEDIES ......................................................................................................7
ARTICLE XI — CONSULTANT REMEDIES...........................................................................................7
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION.......................................................................8
ARTICLE XIII — MISCELLANEOUS PROVISIONS...............................................................................9
EXHIBITS
Pagel Rev. 21-3
ARTICLE I — PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the
terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be
designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been
properly executed by both City and Consultant. The general scope for these Task Orders is outlined in
Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed.
Task Orders shall become a supplemental agreement to this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of
Services shall include all associated services required for Consultant to provide such Services, pursuant
to this Agreement, and any and all Services which would normally be required by law or common due
diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will
perform the Services in accordance with the approved Scope of Services and with Consultant's response
to the Request for Qualifications related to this project, which response is incorporated by reference into
this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services
related to assisting Engineering Services with professional engineering, architecture and construction
services related to execution of Capital Improvements Programs. All work will be subject to authorization
from City. A detailed Scope of Services and fee estimate will be developed for each task prior to
execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task
Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure
that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in
the approved Task Order. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant.
Consultant must provide City with a list of all subconsultants that includes the services performed by the
subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's
team that provides services under this Agreement must be agreed to by the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed
on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions
for Construction Contracts, an excerpt of which is attached as Exhibit D to this Agreement.
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying
all utilities within the project area at the Quality Level specified in the Task Order. It is assumed
that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
Page 2 Rev. 21-3
1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local
franchises, electric companies, communication companies, private pipeline companies and 3rd
party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.11 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $120,000.
2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with
a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total
compensation for all services outlined in each Task Order, and for all expenses incurred in performing
these services.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by
the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at
the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that
shows who worked on the Project, the number of hours that each individual worked, the applicable rates
from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt
monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt
Payment Act.
2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals
acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with
each payment request that clearly indicates how that individual's time is allocated and the justification for
that allocation.
2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant
shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and
follow the procedures provided herein for the resolution of such dispute. In the event Consultant does
not initiate and follow the claims procedures provided in this Agreement in a timely manner and as
required by the terms thereof, any such claim shall be waived.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
Page 3 Rev. 21-3
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be
directed to suspend work pending receipt and appropriation of funds. The right to suspend work under
this provision does not relieve the City of its obligation to make payments in accordance with section 2.5
above for services provided up to the date of suspension.
ARTICLE III —QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services
for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the project scope. Based on the
findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable
Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order
may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not
be compensated for having to resubmit documents.
ARTICLE IV—OPINIONS OF COST
4.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
4.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
4.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on
the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a
design professional familiar with the construction industry, but Consultant cannot and does not guarantee
proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE V— INSURANCE REQUIREMENTS
5.1 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.
5.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE VI - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
Page 4 Rev. 21-3
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, included in the indemnification above if the claim is not based wholly or partly on
the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or
partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall
reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VII —TERM; RENEWALS; TIMES FOR RENDERING SERVICE
7.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
7.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
7.3 The term of this Agreement shall be for a period of two years beginning on the Effective Date, unless
extended by authority of the City Manager or designee.
7.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Consultant will perform services and provide deliverables within a reasonable time.
ARTICLE VIII - TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
Page 5 Rev. 21-3
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially
completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work
submitted in accordance with this Article.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of
this Agreement and retention period herein. The audit, examination or inspection may be performed by
a City designee, which may include its internal auditors or an outside representative engaged by City.
Consultant agrees to retain its records for a minimum of four years following termination of the
Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall
extend until final resolution of the dispute.
9.2 "Consultant's records" include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. Examples include billings, books, general
ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes,
subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, federal and state tax filings for issue in questions and any and all other agreements, sources
of information and matters that may, in City's judgment, have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any Agreement Documents.
Page 6 Rev. 21-3
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during
City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee
access to all of Consultant's records, Consultant's facilities and Consultant's current or former
employees, deemed necessary by City or its designee(s), to perform such audit, inspection or
examination. Consultant also agrees to provide adequate and appropriate work space necessary to City
or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been defects, errors and omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the
nature of the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE XI — CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any
other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in
an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The
revised schedule should be approved in writing with a documented reason for granting the extension.
11.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
Page 7 Rev. 21-3
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent
to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
for remedy or (iii) request Alternative Dispute Resolution.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
12.2 Alternative Dispute Resolution
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a
written notice of such dispute, then the Parties shall proceed with the mediation process contained herein.
12.2.3 Mediation
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing
any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except upon
agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within 30 calendar days of the request for mediation, all
conditions precedent in this Article shall be deemed to have occurred.
Page 8 Rev. 21-3
12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising
under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall
be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision
of this Agreement shall waive any immunity or defense. No provision of this Agreement is a
consent to suit.
12.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both
Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this
Agreement.
12.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out
of or connected to this Agreement, to proceed with a trial before the court, unless both parties
subsequently agree otherwise in writing.
12.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City's
governmental immunity from lawsuit, which immunity is expressly retained to the extent
it is not clearly and unambiguously waived by state law.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into
for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of
the termination of the partnership or joint venture, this contract will inure to the individual benefit of such
partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance
of receipt by the Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant
to or as a result of this Agreement, including contract documents (plans and specifications), drawings
and submittal data. Consultant may make a copy for its files. Any reuse, without specific written
verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure
to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be
signed and sealed by a professional engineer prior to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license; and performed as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
Page 9 Rev. 21-3
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City's goals and objectives in
regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or
in what manner these goals and objectives are to be met.
13.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument signed
by both the City and Consultant.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party
beneficiaries by entering into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section
2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295
must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed,
signed and filed with the City. For more information, please review the Texas Ethics Commission Rules
at https://www.ethics.state.tx.us/legal/ch46.htmi.
13.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
13.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were physically included herein.
13.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly
or intentionally fails to comply with a requirement of that subchapter.
13.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
13.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific
Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
13.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII
of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take
precedence and control to resolve said conflict.
Page 10 Rev. 21-3
13.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
Page 11 Rev. 21-3
CITY OF CORPUS CHRISTI HANSON PROFESSIONAL SERVICES, INC.
Michael Rodriguez Date James Messmore Date
Chief of Staff Senior Vice President
4501 Gollihar Road
Corpus Christi, TX 78411
(361) 814-9900 Office
JMessmore@hanson-inc.com
APPROVED AS TO LEGAL FORM
Assistant City Attorney (Date)
for City Attorney
ATTEST
Rebecca Huerta, City Secretary
Page 12 Rev. 21-3
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H EXHIBIT A
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SCOPE OF SERVICES
HORFUR p1
1852
Stormwater CIP 2021 (B) Major Outfall Assessments and Repairs
Project No. 21106
There are eight major storm water outfalls and more than 100 other outfalls that allow runoff
to drain into Corpus Christi Bay. In 2003, 13.5 miles of these outfall structures were inspected,
and improvements and repairs were made to four outfalls (Alta Vista, Kinney Street, Power
Street, and Louisiana). The purpose of this project is to provide an updated assessment,
which may include Brawner/Proctor and Morgan outfalls, and provide recommendations
for repairs, improvements, and rehabilitation, as necessary. Improvements will be
implemented as funding allows. Master Service Agreement not to exceed $120,000 for the
two-year agreement.
Master Services Agreement
2021 Hanson Professional Services Inc.
BASIS OF PAYMENT
CONSULTING SERVICES
The following schedule is for normal design and consulting services provided on an hourly basis.
1. ENGINEER/ARCHITECT/SCIENTIST POSITIONS:
ENGINEER/ARCHITECT/SCIENTIST I---------------------------------------------------------------------------------------------------------------------------------$110.00
ENGINEER/ARCHITECT/SCIENTIST II--------------------------------------------------------------------------------------------------------------------------------$112.00
ENGINEER/ARCHITECT/SCIENTIST III-------------------------------------------------------------------------------------------------------------------------------$120.00
ENGINEER/ARCHITECT/SCIENTIST IV------------------------------------------------------------------------------------------------------------------------------$134.00
ENGINEER/ARCHITECT/SCIENTIST V................................................................................................................................$156.00
ENGINEER/ARCHITECT/SCIENTIST VI------------------------------------------------------------------------------------------------------------------------------$182.00
ENGINEER/ARCHITECT/SCIENTIST VIL----------------------------------------------------------------------------------------------------------------------------$216.00
ENGINEER/ARCHITECT/SCIENTIST VIII----------------------------------------------------------------------------------------------------------------------------$256.00
PRINCIPAL--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------$309.00
2. TECHNICAL POSITIONS:
AIDE..............................................................................................................................................................................................$70.00
TECHNICIANI----------------------------------------------------------------------------------------------------------------------------------------------------------------------------$73.00
TECHNICIANII---------------------------------------------------------------------------------------------------------------------------------------------------------------------------$78.00
TECHNICIANIII--------------------------------------------------------------------------------------------------------------------------------------------------------------------------$84.00
TECHNICIANIV-------------------------------------------------------------------------------------------------------------------------------------------------------------------------$94.00
TECHNICIANV.........................................................................................................................................................................$106.00
TECHNICIANVI-----------------------------------------------------------------------------------------------------------------------------------------------------------------------$120.00
TECHNICIANVII----------------------------------------------------------------------------------------------------------------------------------------------------------------------$135.00
MANAGER/DESIGNER-----------------------------------------------------------------------------------------------------------------------------------------------------------$150.00
3. ADNHNISTRATIVE:
ADMINISTRATIVE I------------------------------------------------------------------------------------------------------------------------------------------------------------------$68.00
ADMINISTRATIVE II-----------------------------------------------------------------------------------------------------------------------------------------------------------------$70.00
ADMINISTRATIVE III----------------------------------------------------------------------------------------------------------------------------------------------------------------$75.00
ADMINISTRATIVE IV---------------------------------------------------------------------------------------------------------------------------------------------------------------$88.00
ADMINISTRATIVE V...............................................................................................................................................................$105.00
ADMINISTRATIVE VI-------------------------------------------------------------------------------------------------------------------------------------------------------------$135.00
ADMINISTRATIVE VII------------------------------------------------------------------------------------------------------------------------------------------------------------$169.00
4. Charges for special services,expert testimony,etc.,will be negotiated.
5. The above rates cover straight time only. Overtime directed by the client will be surcharged by 25 percent.
6. Charges for outside consultants and contractors will be at invoice cost plus 10 percent.
7. All direct job expenses and materials other than normal office supplies will be charged at cost plus 10 percent.
8. Mileage charges for automobile=56 cents per mile. Mileage charges for mobile lab or truck=75 cents per mile.
Charges for vehicles that will remain assigned to a specific job will be$70.00 per day or$825.00 per month for automobiles,and
$80.00 per day or$1,200.00 per month for mobile labs or trucks,plus the cost of fuel in lieu of mileage charges.
9. Services will be billed monthly and at the completion of the project. There will be an additional charge of 1 1/2 percent per month
compounded monthly on amounts outstanding more than 30 days.
10. Rates are subject to change and will be superseded by a new rate schedule on or about January 1 of each year during the duration of
the services agreement.
21 Rev.0
HANSON Exhibit "A"
Page 1 of 1
Sample form for:
COMPLETE PROJECT NAME Payment Request
AE Contract
Project No.XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 0110112017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBDI TBDI TBDI TBD TBDI TBD1 TBD TBD TBD
Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.001 $2,500.00 $5,750.001 30.3%
Additional Services Fees $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.001 10.5%
Total of Fees $8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.001 23.1%
Notes:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE.FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials(T&M).
Exhibit C
Page 1 of 1
EXHIBIT D
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
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 Engineering Services 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. 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
PROFESSIONAL LIABILITY $1 ,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 3-year reporting period provisions
or be maintained for 3 years after
project completion.
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, with the exception of professional liability, which may be
on a per claims made 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 Rev 12/20
1 .5 Consultant is 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. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
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 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
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 order Consultant to remove the
exhibit hereunder, and/or 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.
2 Rev 12/20
�
CITY OF CORPUS CHRISTI
City of DISCLOSURE OF INTEREST
Corpus
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 applicable, answer with "NA". See reverse side for Filing
Requirements, Certifications and definitions.
COMPANY NAME: Hanson Professional Services Inc
P. O.BOX:
STREET ADDRESS: 4501 Gollihar Road
CITY: Corpus Christi STATE: TX ZIP: 78411
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)
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
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
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
Exhibit "E"
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.
Wilfredo Rivera, Jr., P.E. Vice-President
Certifying Perna ('Type or Print) Title:
05/03/2021
Signature of Certifying Person Date:
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 "E"
Page 2 of 2
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1—Definitions and Terminology .......................................................................................................2
Article2—Preliminary Matters.....................................................................................................................8
Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8
Article 4—Commencement and Progress of the Work................................................................................9
Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9
Article 6—Bonds and Insurance .................................................................................................................10
Article 7—Contractor's Responsibilities.....................................................................................................10
Article 8—Other Work at the Site...............................................................................................................10
Article 9—Owner's and OPT's Responsibilities...........................................................................................10
Article 10—OAR's and Designer's Status During Construction ..................................................................11
Article 11—Amending the Contract Documents; Changes in the Work....................................................13
Article 12—Change Management ..............................................................................................................13
Article13—Claims.......................................................................................................................................14
Article 14—Prevailing Wage Rate Requirements.......................................................................................16
Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16
Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16
Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16
Article 18—Suspension of Work and Termination.....................................................................................16
Article 19—Project Management...............................................................................................................16
Article 20—Project Coordination................................................................................................................16
Article 21—Quality Management...............................................................................................................17
Article 22— Final Resolution of Disputes....................................................................................................17
Article 23—Minority/MBE/DBE Participation Policy..................................................................................17
Article 24—Document Management..........................................................................................................17
Article25—Shop Drawings.........................................................................................................................17
Article26— Record Data.............................................................................................................................20
Article 27—Construction Progress Schedule..............................................................................................21
Article 28—Video and Photographic documentation ................................................................................21
Article 29— Execution and Closeout...........................................................................................................21
Article30—Miscellaneous..........................................................................................................................22
EXHIBIT F
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ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term's singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined, terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement - The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8. Bidder-An individual or entity that submits a Bid to Owner.
9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments, and required certifications.
10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier's check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form, refers to individual instrument.
12. Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13. Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
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b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due; or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated, or addressed pursuant to:
a. The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. ("CERCLA");
b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.;
c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA");
d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e. The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous,toxic, or dangerous waste, substance,
or material.
17. Contract -The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment-A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications,and increases or decreases in unit price quantities, if any,that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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b. Achieve Substantial Completion; and
c. Complete the Work.
22. Contractor-The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work - The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests, or approvals referred to in the Contract Documents; or
C. Has been damaged or stolen prior to OAR's recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract -The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order-A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract.
31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs
resulting from claims or demands against Owner's Indemnitees. These costs include
fees for engineers, architects, attorneys, and other professionals.
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32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations,
ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
C. Field Order; or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City's officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45. Resident Project Representative or RPR-The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents-A schedule of required documents, prepared, and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor's Applications for Payment.
49. Selected Bidder-The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings, whether approved or not, are not
Drawings and are not Contract Documents.
51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications - The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor -An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion - The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions - The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data-Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities; or
C. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive - A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to "at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words "furnish," "install," "perform," and "provide" have the following
meanings when used in connection with services, materials, or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3. Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4. Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words "furnish," "install," "perform," or
"provide."
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind, class, and type even though the word
"all" is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words "furnish," "install," "perform," "provide," or
similar words include the meaning of the phrase "The Contractor shall..." before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT's project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2—PRELIMINARY MATTERS
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards, whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer's or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer's findings, conclusions, and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer's findings,
conclusions, and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer's findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer's findings, conclusions, and
recommendations.
ARTICLE 6—BONDS AND INSURANCE
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
ARTICLE 8—OTHER WORK AT THE SITE
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections,Tests, and Approvals
A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor's means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. OAR is Owner's representative. The duties and responsibilities and the limitations of
authority of OAR as Owner's representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer's visits and observations are
subject to the limitations on Designer's authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's
quality assurance program, and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives' authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer's authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designer's authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor
does not agree with the Designer's decision.
10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
EXHIBIT F
Page 12 of 22
ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
ARTICLE 12—CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT's description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies, fuels, and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost; and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
EXHIBIT F
Page 13 of 22
provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor's risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13—CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
EXHIBIT F
Page 14 of 22
C. Claims by Contractor that are not received within the time period provided by section
13.02(6) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor's knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12,shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
EXHIBIT F
Page 15 of 22
ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18—SUSPENSION OF WORK AND TERMINATION
ARTICLE 19— PROJECT MANAGEMENT
ARTICLE 20—PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
Page 16 of 22
ARTICLE 21—QUALITY MANAGEMENT
ARTICLE 22—FINAL RESOLUTION OF DISPUTES
ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24—DOCUMENT MANAGEMENT
ARTICLE 25—SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor's Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors, textures, or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general,conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
EXHIBIT F
Page 17 of 22
25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer's review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer's review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer's review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor's markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
C. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
EXHIBIT F
Page 18 of 22
c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked "Approved as Noted" and "Resubmit with corrections made." These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as "At Variance With" (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations, then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
EXHIBIT F
Page 19 of 22
Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26—RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor's Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
26.07 Record Data Submittal Procedures
26.08 Designer's Responsibilities
A. Record Data will be received by the Designer, logged, and provided to Owner as the Project
record.
1. Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2. Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3. Contractor's responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B. Designer may take the following action in processing Record Data:
1. File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of "Filed as
Received" and no further action is required on that Record Data.
2. Reject the Record Data for one of the following reasons:
a. The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
EXHIBIT F
Page 20 of 22
Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing."
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and
Resubmit." Contractor is to resubmit the Record Data until it is acceptable and
marked "Filed as Received." When Record Data is filed, no further action is
required and the Record Data process will be closed.
c. The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked "Rejected" and "Cancel
- Not Required." No further action is required and the Record Data process will be
closed.
C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as
Received."
ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29—EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A. Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B. OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C. Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1. Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2. Correct the noted deficiencies in the Work.
3. Notify the Designer when the items of Work in the Designer's notice have been
completed.
4. OPT will revisit the Site and repeat the process.
5. Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6. Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
EXHIBIT F
Page 21 of 22
29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided; and
5. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30—MISCELLANEOUS
END OF SECTION
EXHIBIT F
Page 22 of 22
Capital Improvement Plan 2022 thril 2024
City of Corpus Christi, Texas
Project# 21106
Project Name Major Outfall Assessments& Repairs
Type Improvement/Additions Department Public Works
Useful Life 25 years Contact Director of Public Works M
of
Category Storm Drainage Priority 2 Critical-Asset Condition
Status Active
Description ._
There are eight major storm water outfalls and more than 100 other outfalls that allow runoff to drain into Corpus Christi Bay. In 2003, 13.5
miles of these outfall structures were inspected and improvements and repairs were made to four outfalls.(Alta Vista,Kinney Street,Power
Street,and Louisiana). The purpose of this project is to provide an updated assessment,which may include Brawner/Proctor and Morgan
outfalls,and provide recommendations for repairs,improvements and rehabilitation,as necessary. Improvements will be implemented as funding
allows.
Justification
Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp.55,56&58-60;2009 Storm Water Master Plan(draft);
Sustainability Initiative
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 655,000 655,000 655,000 1,965,000
Design 70,000 70,000 70,000 210,000
Eng,Admin Reimbursements 75,000 75,000 75,000 225,000
Total 800,000 800,000 800,000 2,400,000
Funding Sources Prior Years 2022 2023 2024 Total
Revenue Bonds 800,000 800,000 800,000 2,400,000
Total 800,000 800,000 800,000 2,400,000
Budget Impact/Other 71
Restoration of underground storm water systems,channels,and ditches is critical to avoid potential failures that may result in encroachment,
flooding and undermining of adjacent public/private structures including streets,bridges,utility lines,buildings,and homes. Additionally,fully
funding rehab/construction of storm water infrastructure can reduce operational cost by reducing"emergency"responses and more costly
maintenance actions during lifecycle of infrastructure.
251
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H
aoAPoat�° AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
0effreye(a)-cctexas.com
(361) 826-3851
Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement
Heatherh3(a-)cctexas.com
(361) 826-3227
Construction Contract Award
Salt Flats Levee Improvements
CAPTION:
Motion awarding a construction contract to JM Davidson Inc., Aransas Pass, Texas, to perform
repairs and improvements to the Salt Flats Levee, located in Council District 1, in an amount of
$903,679.00, with FY 2022 funding available from the Seawall Capital Fund.
SUMMARY:
This motion approves a construction contract for repairing Salt Flats Levee and replacing flap
gates on the storm outfalls with new check valves. Also, replacing the retaining wall, making
concrete repairs on the flood gates and repairing one of the storm outfalls are included in the
scope of the project.
BACKGROUND AND PURPOSE:
The Salt Flats Levee is an integral part of the downtown flood protection system consisting of the
following elements: Salt Flats Levee, Port Authority Wharf, Promenade, Museum Floodwall, U.S.
Army Corps of Engineers (USACE) Bulkhead, Seawall and two storm water pump stations located
at Kinney Street and Power Street. Collectively, they function as a system to protect downtown
and the Sports, Entertainment, and Arts District from storm surge events.
The Salt Flat Levee prevents storm surge in the Ship Channel from entering the downtown area. It
was originally referred to as the Backwater Levee and was part of the original Seawall
construction project that was completed in 1941. The Salt Flats Levee was reconstructed in 1956
under a project by the Nueces County Engineering Department. The closure gates were
subsequently upgraded in 2000, but the majority of the levee remains as is from 1956.
The Salt Flats Levee has numerous known deficiencies such as structural integrity of the retaining
wall, the elevation of the levee some areas are below the recommended height, and some check
valves are old, have noticeable corrosion, and are not fully operational.
According to the 1985 Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency
Management Agency (FEMA), the City's downtown area was shown as largely protected against a
100-year flood event. Beginning in 2006, however, FEMA began to re-evaluate how protected areas
are treated on FIRMs. The current approach by FEMA is to map the actual failure mechanisms that
may occur in protected areas to determine Base Flood Elevations (BFEs). Unless system owners
can prove that a system is protected against failure, one or more failure scenarios will be used to
determine BFEs. One scenario being modeled by FEMA is a breach of the Salt Flats Levee. That
failure scenario has the greatest potential to create flooding in downtown Corpus Christi and has
the greatest impact on the proposed BFE.
Improvements to Salt Flats Levee have been programmed in the Seawall Capital Improvement Plan
(CI P)for several years.The new Harbor Bridge project and changes in FEMA policy have prevented
the project from previously moving forward. In addition to enhancing the level of protection afforded
by the downtown flood protection system, correcting deficiencies with the Salt Flats Levee will allow
the City to challenge FEMA's levee breach scenario.
PROJECT TIMELINE:
2019 - 2021 2021 - 2021 2021-2022
August - July August - October December— April
Design Bid/Award Construction
The project will begin construction in December 2021 with anticipated completion by April 2022.
COMPETITIVE SOLICITATION PROCESS
The project was advertised for bids in August 2021. On September 16, 2021, City received bids
from two bidders. The City analyzed the bids in accordance with the contract documents and
determined JM Davidson Inc. is the lowest responsive and responsible bidder. A summary of the
bids is provided below:
BID SUMMARY
CONTRACTOR BASE BID
JM Davidson Inc. Aransas Pass, TX $903,679.00
MB Western Industrial Contracting Houston, TX $975,129.00
Engineer's opinion of probable construction cost $764,712.63
JM Davidson has previously completed the Shoreline Protection project for Port Aransas Marina
Association, Replace Fishing Pier Project for Texas Parks and Wildlife and Marina and Docks
Survey, Repair and Redesign Project for University of Texas Marine Institute and other projects in
Texas. JM Davidson Inc. is currently working on the Cole Park Pier with the City of Corpus Christi.
ALTERNATIVES:
The alternative is not to award the construction contract to the low-bidder, JM Davidson Inc. Failure
to correct deficiencies with Salt Flats Levee and properly protect the downtown flood area could
result in severe flooding,jeopardize the City's FEMA certification process and affect insurance rates
in the downtown area.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of $903,679.00 with funding available from the
Seawall CIP Fund. The FY 2021 CIP expenditures shows $1,900,000.
FUNDING DETAIL:
Fund: Seawall Sys CIP (Fund 3271)
Mission Elem: SEAWALL (ME #707)
Project: Salt Flats Levee Improvements (Project No. E17117)
Account: Construction (550910)
Activity: E17117-01-3271-EXP
Amount: $903,679.00
RECOMMENDATION:
City staff recommends awarding construction contract to JM Davidson Inc. for the Salt Flats Levee
Improvements in the amount of$ 903,679.00 with construction duration planned for 160 days from
issuance of the Notice to Proceed with construction starting December 2021.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Bid Tab
CIP Page
TABULATION OF BIDS
CONTRACTS AND PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS
TABULATED BY: Lois Hinojosa
DESIGN ENGINEER:Govind Development,LLC
BID DATE: Thursday,September 16,2021
RFB 3829 /PROJECT NO.E17117 SALT FLATS LEVEE PROJECT JM Davidson Ltd MB Western Industrial Contracting
BASE BID 2564 CR 1960 16350 Park Ten Place,Suite 211
Aransas Pass,TX 78336 Houston,Texas 77084
ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE 7 AMOUNT
PART A-GENERAL
Al MOBILIZATION LS 1 $ 155,000.00 $ 155,000.00 $ 111,750.00 $ 111,750.00
A2 BONDS&INSURANCE AL 1 $ 13,475.00 $ 13,475.00 $ 9,641.00 $ 9,641.00
A3 TRAFFIC CONTROL PLAN&IMPLEMENTATION LS 1 $ 35,585.00 $ 35,585.00 $ 4,875.00 $ 4,875.00
A4 SWPPP&BMP'S LS 1 $ 19,309.00 $ 19,309.00 $ 2,500.00 $ 2,500.00
A5 ALLOWANCE FOR UNANTICIPATED IMPROVEMENTS AL 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00
SUBTOTAL PART A-GENERAL(Items Al thru A5) $ 243,369.00 $ 148,766.00
PART B-LEVEE IMPROVEMENTS
B1 ICLEAR UNWANTED VEGETATION ACRE 2 $ 14,840.50 $ 29,681.00 $ 32,910.00 $ 65,820.00
B2 I REPAIR LEVEE I CY 1 460 $ 159.53 $ 73,383.80 $ 473.00 $ 217,580.00
SUBTOTAL PART B-LEVEE IMPROVEMENTS(Items 131 thru 132) $ 103,064.80 $ 283,400.00
PART C-NEW RETAINING WALL
C1 DEMO.EXIST.CRIB WALL LS 1 $ 34,164.00 $ 34,164.00 $ 82,475.00 $ 82,475.00
C2 NEW RETAINING WALL LF 113 $ 1,177.49 $ 133,056.37 $ 1,320.00 $ 149,160.00
C3 BACKFILL AND COMPACT MATERIAL AROUND NEW RETAINING WALL CY 370 $ 105.48 $ 39,027.60 $ 119.00 $ 44,030.00
C4 SOD DISTURBED AREA AROUND NEW RETAINING WALL SY 889 $ 7.17 $ 6,374.13 $ 26.00 $ 23,114.00
SUBTOTAL PART C-NEW RETAINING WALL(Items C1 thru C4) $ 212,622.10 $ 298,779.00
PART D-REPLACE STORM OUTFALL FLAP GATES
D1 DEMO.AND DISPOSE OF 5 EXIST.FLAP GATES LS 1 $ 18,551.00 $ 18,551.00 $ 27,388.00 $ 27,388.00
D2 SLIP-IN CHECK VALVES(18"-36") LS 1 $ 141,531.00 $ 141,531.00 $ 113,561.00 $ 113,561.00
D3 IDEWATERING AND CLEANING OF 5 OUTFALLS LS 1 $ 126,134.00 $ 126,134.00 $ 50,425.00 $ 50,425.00
SUBTOTAL PART D-REPLACE STORM OUTFALL FLAP GATES(Items D1 thru 133) $ 286,216.00 $ 191,374.00
PART E-OUTFALL REPAIR
E1 JOUTFALL LINE REHABILITATION BY FLEXIBLE LINING LF 45 $ 742.78 $ 33,425.10 $ 948.00 $ 42,660.00
SUBTOTAL PART E-OUTFALL REPAIR(Item E1) $ 33,425.10 $ 42,660.00
PART F-FLOOD GATE CLOSURE STRUCTURE REPAIRS
F1 ICONCRETE REPAIRS,COVER PLATE BOLTS AT ALL 4 CLOSURE GATES 1 7-1 1 $ 24,982.00 $ 24,982.00 $ 10,150.00 $ 10,150.00
SUBTOTAL PART F-FLOOD GATE CLOSURE STRUCTURE REPAIRS(Item F1) $ 24,982.00 $ 10,150.00
TOTAL BASE BID $ 903,679.00 $ 975,129.00
Page 1 of 1
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NOT TO SCALE Project Number: E17117
CITY COUNCIL EXHIBIT
Salt Flats Levee Improvements CITY OF CORPUS CHRISTI,TEXAS
DEPARTMENT OF ENGINEERING SERVICES
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CITY COUNCIL EXHIBIT
Salt Flats Levee Improvements CITY OF CORPUS CHRISTI,TEXAS
DEPARTMENT OF ENGINEERING SERVICES
Capital Improvement Flan 2022 thru 2024
City of Corpus Christi, Texas
Project# E17117 .-:
Project Name Salt Flats Levee Improvements � �'� �
Type Improvement/Additions Department Health&Safety Other �
Useful Life 40 years Contact Director of Engineering4 .x�s
Category Site Improvements Priority 2 Critical-Asset Condition\longe 11rr
Status Active
4 �=
Description
Salt Flats Levee System(originally referred to as the Backwater Levee)is an integral component of the downtown flood protection system. The
levee is susceptible to various modes of failure and requires improvements and maintenance to ensure system will function as originally designed.
Justification
Consistency with the Comprehensive Plan:Policy Statements pg.48:3&6
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 1,900,000 1,900,000
Design 277,310 277,310
Eng,Admin Reimbursements 7,174 200,000 207,174
Tom 284,484 2,100,000 2,384,484
Funding Sources Prior Years 2022 2023 2024 Total
Type A/B Sales Tax 284,484 2,100,000 2,384,484
Total 284,484 2,100,000 2,384,484
Budget Impact/Other 71
There is not a direct operational cost at this time.
155
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NoAPoapYE° AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of November 9, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
0effreye(a)cctexas.com
(361) 826-3851
David Lehfeldt, Director of Solid Waste
david l3(a)cctexas.com
(361) 826-1966
Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement
heatherh3(a)-cctexas.com
(361) 826-3227
Professional Services Contract
Solid Waste Facility Complex
CAPTION:
Motion awarding a professional services contract to SCS Engineers, Houston, TX, to provide
conceptual design, process design, and permitting services for a new Solid Waste Facility
Complex that includes a transfer station, compost services, fleet services and administration
building, located in Council District 3, in an amount not to exceed $295,571.00, with FY 2022
funding available from the Solid Waste Certificate of Obligation Fund.
SUMMARY:
This motion awards a professional services contract to provide solid waste permitting services
and conceptual layout for the proposed transfer station, compost facility, fleet services, and
administration building complex.
Additional services include assistance with addressing Texas Commission on Environmental
Quality (TCEQ) administrative and technical comments, TCEQ newspaper notices, TCEQ permit
public hearings, and meetings with the Coastal Bend Council of Governments, which is tasked
with conducting regional planning for its membership of thirty-three cities and eleven counties.
This contract represents Phase 1 of work including conceptual design and permitting services to
develop the unified Solid Waste Department campus. Phase 2 will include recommendations for
the design, bid, and construction of the facility.
BACKGROUND AND FINDINGS:
The J.C. Elliot Landfill and Transfer Station has been in operation since the 1970s and is located
on approximately 158-acres of City property. The Corpus Christi community utilizes the landfill
and transfer station for waste disposal.
Due to increasing customer demand for operations and composting, the J.C. Elliot Landfill has
outgrown its facilities and existing space for new usage is limited. The Solid Waste Department
has proposed the development of a unified Solid Waste Facility Complex to meet both the City's
and residents' growing needs.
The proposed unified Solid Waste Facility Complex consists of three major projects: a new
transfer station (including consolidated fueling and parking for the transfer and collection fleets),
a new compost facility operations area, and a new administration building. City staff has achieved
several important milestones in the development of this project, including City Council approval
in August 2020 to purchase 92 acres of farmland adjacent to the current J.C. Elliott Transfer
Station.
Over 270,000 customers used the transfer station in FY 2021. With growing traffic in the transfer
station, a new facility is needed to efficiently handle all residential and light commercial waste in
the city. The facility does not have walls, resulting in scattered trash from weather conditions
such as the wind. The new facility will allow the City to incorporate tire shredding, glass crushing
and freon recovery into our waste processing capabilities, reducing the need to rely on third
party contractors.
The Solid Waste Department has a mixed fleet of refuse collection trucks, brush trucks, light
trucks, heavy construction equipment, roll off trucks and over the road tractor/trailer
combos. The number of units will grow annually as the department develops the compost facility
and program, and service demands increases.
For FY 2022, the Solid Waste Department budgeted and approved 189 full time positions. The
current building and restroom/locker facilities are unable to accommodate the growth of
employees. In addition, the current Solid Waste office is co-located with Public Works (a portion
of which is sinking and has become unsafe), causing Public Works and Solid Waste to rent
temporary office space to accommodate employees.
To achieve the requirements mentioned, this project will be completed in two phases:
Phase 1 will include transfer station permit or registration application, appropriate for TCEQ
authorization. This phase of the project will also include development of conceptual layout of the
Facility considering entrance location, traffic, truck queuing at the gate, scale details, the
conceptual building layout for the transfer station/administration building, fueling area,
maintenance area for hauling vehicles, and potential site obstacles such as floodplains,
wetlands, easements, pipelines, Cabaniss Airfield proximity concerns, and powerlines.
Phase 2 of the project will be presented to Council at a future date to include development of
detailed plans and specifications for construction, construction cost estimate, construction bid
administration and construction phase services.
PROJECT TIMELINE
The projected preliminary schedule reflects City Council award in November 2021, with
conceptual design, and permitting completion anticipated in May 2023. The project schedule is
dependent on a timely issuance of Notice to Proceed and is based on estimated time periods for
TCEQ review and response. Phase 2 will commence after the completion of Phase 1.
COMPETITIVE SOLICITATION PROCESS:
SCS Engineers was selected for the Professional Engineering Service in March 2021 under RFQ
3409, Capital Improvement Projects 2020-2021, Public Health and Safety. SCS Engineers is one
of nine firms that submitted qualifications for this project announcement.
The RFQ selection committee consisted of representatives from Solid Waste Department, Asset
Management Department, Engineering Services, and the City Manager's Office. On March 15,
2021, the RFQ selection committee conducted interviews for the top two firms that were
recommended by the evaluation committee. Firms were ranked based on five factors: 1) firm's
experience and qualifications; 2)team's experience and qualifications; 3) understanding of project
scope based on understanding of scope of services, ability to maintain schedules, cost, and
quality controls.
SCS Engineers has 50 years of experience as an environmental engineering firm. SCS has been
assisting several communities throughout Texas, like Cities of Brownsville, Beaumont, Dallas,
Denton, EI Paso, Lubbock, Killeen, Odessa, Nacogdoches, New Braunfels, Port Arthur, Temple,
and Waco on various recycling and solid waste projects. SCS Engineers have previously
completed the Cefe Valenzuela Landfill Gas Collection & Control System Lifecycle Improvements
- Cells 1 B/1 C project for the City.
ALTERNATIVES:
The alternative is to not approve the proposed professional services agreement; however, the
Solid Waste Facility Complex is an approved project in the Solid Waste Department CIP for FY
2022, and it will cause a delay in the development of the unified Solid Waste Facility Complex
and new Compost Facility if this professional services agreement is not approved.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of$295,571.00, with funding available from the Solid
Waste Certificate of Obligation Fund.
FUNDING DETAIL:
The Capital Improvement Program (CIP) shows the project is planned for FY 2022 and there is
sufficient funding available for design.
Fund: SolidWst2021TC0 (Fund 3373)
Mission Elem: Maintaining Solid Waste Facilities (031)
Project No.: Solid Waste Complex Building (21007)
Account: Design (550950)
Activity: 21007-3373-EXP
Amount: $295,571.00
RECOMMENDATION:
City staff recommends award of the professional services contract in the amount of$295,571 to
SCS Engineers
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Evaluation Matrix
Contract
CIP Page
Proposal Evaluation SCS Tetra Tech Turner/Ramierz Rit ter
Engineering Architects Gignac CLK Solka NT Ardurra Dykema
MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Pass Pass Pass
Licensing/Certification V c9 c9
No material lawsuits during Iasi 5 years V c9
No material regulatory issues Iasi 5 years V c9
References Provided for firm V c9
TECHNICAL PROPOSAL (50 PTS) 47 46 39 35 36 34 33 31 31
Firms'Experience(15 pis) 14 15 12 10 9 10 9 9 8
Team's Experience(15 pis) 15 14 12 11 11 11 11 10 10
Understanding of Project Scope(20 pts) 18 17 15 14 16 13 13 12 13
INTERVIEW(50 PTS) 47 46 0 0 0 0 0 0 0
Firms'Experience(15 pis) 15 14
Team's Experience(15 pis) 14 14
Understanding of Project Scope(20 pis) 18 18
Total 94 92 39 35 36 34 33 31 31
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CITY COUNCIL EXHIBIT
SOLID WASTE FACILITY COMPLEX CITY OF CORPUS CHRISTI,TEXAS VONI
DEPARTMENT OF ENGINEERING SERVICES
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EXHIBIT
SOLID WASTE FACILITY COMPLEX CITY OF CORPUS CHRISTI,TEXAS VAI
DEPARTMENT OF ENGINEERING SERVICES
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CONTRACT FOR PROFESSIONAL SERVICES
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1852
FOR PROJECT 21007 SOLID WASTE FACILITY COMPLEX BUILDING PARKING AND SITE
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or
Designee (Director) and Stearns, Conrad, and Schmidt consulting engineers, Inc. dba SCS
Engineers , 3900 Kilroy Airport Way Suite 100, Long Beach CA 90806 (Consultant), hereby agree
as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES ...................................................................2
ARTICLE II QUALITY CONTROL.......................................................................3
ARTICLE III COMPENSATION............................................................................3
ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5
ARTICLE V OPINIONS OF COST ......................................................................5
ARTICLE VI INSURANCE REQUIREMENTS......................................................5
ARTICLE VII INDEMNIFICATION .........................................................................5
ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6
ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7
ARTICLE X OWNER REMEDIES .......................................................................7
ARTICLE XI CONSULTANT REMEDIES.............................................................8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8
ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10
EXHIBITS
Contract for Professional Services
Page 1 of 12
ARTICLE I —SCOPE OF SERVICES
1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,
which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include
all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any
and all Services that would normally be required by law or common due diligence in accordance with the standard
of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be
performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit
A and with Consultant's response to the Request for Qualifications related to this project, which response is
incorporated by reference into this Agreement as if set out here in its entirety.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.
At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of
Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed
to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request,
Consultant must provide City with a list of all subconsultants that includes the services performed by
subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed
team as specified in the SOQ or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed
on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by
the City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges
and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,
excerpt attached as Exhibit D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and
will consult and advise the City on matters related to the Consultant's Scope of Services during the
performance of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A
and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation
unless stated otherwise.
Contract for Professional Services
Page 2 of 12
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
1.10 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City's project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the
City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of
the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III — COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $ 295,571.00
3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A
and will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request the Consultant to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually
agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three
(3) days of notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time
Contract for Professional Services
Page 3 of 12
of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked
on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule
and any reimbursable expenses associated with the work. City will make prompt monthly payments in response
to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for
which Payment Requests have been previously issued and payments received from City shall, to the best of
Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or
encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided
labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from
any liens, claims, security interests or encumbrances filed by anyone claiming by, through or
under the items covered by payments made by City to Consultant.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City
from damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be
required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the
procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and
follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its
annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds.
The right to suspend work under this provision does not relieve the City of its obligation to make payments in
accordance with section 3.5 above for services provided up to the date of suspension.
Contract for Professional Services
Page 4 of 12
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the
Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any
Additional Services until requested in writing by the Consultant and written authorization is provided by the
Director of Engineering Services.
4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under
this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance
with the schedules approved by City. The Consultant and City are aware that many factors may affect the
Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify
the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to
complete the services hereunder.
4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.5 This Agreement shall remain in force for a period which may reasonably be required for completion of
the Project, including any extra work and any required extensions thereto, unless terminated as provided for in
this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City
of the construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,
Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis
of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional
familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the
construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required 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.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
Contract for Professional Services
Page 5 of 12
officers, agents, employees, excluding the engineer or architect or that person's agent,
employee or subconsultant, over which the City exercises control ("Indemnitee") from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant's activities under this
Agreement.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
Contract for Professional Services
Page 6 of 12
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit, examination or inspection may be performed by a City
designee, which may include its internal auditors or an outside representative engaged by City. Consultant
agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is
an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the
dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples
include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence,
meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements,
notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, and any and all other agreements, sources of information and matters that may, in City's and
Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its
designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and
appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
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10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or
omissions, the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of
the revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI — CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other
causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule
should be approved in writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
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12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent
to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
for remedy or (iii) request Mediation.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement, and City shall continue to make payments in
accordance with this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a
written notice of such dispute,then the Parties shall proceed with the mediation process contained herein.
12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent
to filing any lawsuit, request mediation of the dispute.
12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except
upon agreement of both parties.
12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within 30 calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party
for loss of profits, delay damages or for any special incidental or consequential loss or damage of any
nature arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Contract for Professional Services
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Agreement.
12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree
otherwise in writing.
12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City's
governmental immunity from lawsuit, which immunity is expressly retained to the extent it is
not clearly and unambiguously waived by state law.
ARTICLE XIII — MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for
services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the
termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or
partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the
Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were physically included herein.
13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or
intentionally fails to comply with a requirement of that subchapter.
13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to
the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner
these goals and objectives are to be met.
13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
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13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of
this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed
and filed with the City. For more information, please review the Texas Ethics Commission Rules at
https://www.ethics.state.tx.us/legal/ch46.html.
13.11 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index.
13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed
and tried in Nueces County and cannot be removed from Nueces County.
13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any
Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in
any way the validity of this Agreement in any other instance.
13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, the Consultant's response to
the Request for Qualifications related to this project, or in any other document prepared by Consultant and
included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence
and control to resolve said conflict.
[Signature Page Follows]
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CITY OF CORPUS CHRISTI SCS ENGINEERS, INC.
Jeffrey Edmonds Date Jeff Reed Date
Director of Engineering 12651 Briar Forest Drive, Suite 205
Houston, Texas 77077
(281) 293-8494 Office
jeffreedP-scsengineers.com
APPROVED AS TO LEGAL FORM:
Assistant City Attorney Date
ATTEST
City Secretary Date
Contract for Professional Services
Page 12 of 12
SCS ENGINEERS Environmental Consultants & Contractors
October 1, 2021 revised October 8, 2021
Proposal No. 160008221
Ms. Jennifer Rodriguez
1201 Leopard St.
First Floor
Corpus Christi, TX 78401
Subject: Revised Proposed Scope of Services
Phase 1-Transfer Station Permitting and Conceptual Facility Design Services
City Project Number 21007 - Solid Waste Facility Complex
Bond 2020 Facilities and Parks & 2021 CIP Projects
RFQ No. 3409
Dear Ms. Rodriguez:
Attached is our revised proposal for the subject RFQ for the Solid Waste Facility Complex. Per our
discussions with City staff, this scope is the first phase of the overall work and includes the critical
path items of the solid waste permitting for the transfer station and the conceptual design of the
overall facility.
The complete project will involve the final design for bidding and construction purposes, bid support
services, and construction-phase services. At this time, however, the conceptual layout must be
prepared and approved as part of Phase 1 so that a scope for the detailed design, bid and
construction-phase services can be reliably developed to reflect the level of effort needed. Also, as
discussed the solid waste permitting and approval for the transfer station is a long-lead item that
should be commenced early in the overall process. The transfer station permitting does not require a
detailed transfer station layout and, as such, is included with our Phase 1 services as well.
We look forward to working together on this important project for the City. Please do not hesitate to
contact Jeff Reed, P.E., Vice President, at the address below, at (817) 358-6159, or at
Jeff Reed @SCS Engineers.com with any questions or if you require any additional information. Jeff will
serve as the SCS team's primary contact with the City for these services.
Sincerely,
lci,,e
Michael A. Kalish, P.E., LEED AP Jeffrey K. Reed, P.E.
Vice President Vice President/Texas Engineering Offices Director
SCS Engineers SCS Engineers
TBPE#F-3407
Attachment
12651 Briar Forest Drive, Suite 205, Houston, TX 77077 1 281.293.8494
Solid Waste Facility Complex- Prof. Engineering Services
Bond 2020 Facilities/Parks & 2021 CIP Projects — RFQ 3409
Proposal for
Preliminary Phase - Phase 1
Transfer Station Permitting and
Conceptual Facility Design Services
City Project Number 21007 - Solid Waste Facility
Complex
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361 ) 826-3500
HANSON SCS ENGINEERS
Proposal No. 160008221 1 May 2021
Revision 2 October 2021
4501 Gollihar Road 12651 Briar Forest Drive, Suite 205
Corpus Christi, Texas 78411 Houston, Texas 77077
(361) 814-9900 (281) 293-8494
Table of Contents
Background...............................................................................................................................................2
Task 1 - New Transfer Station Application..............................................................................................3
Task 2-Conceptual Facility Layouts........................................................................................................7
Subtask 2.1- Project Kickoff, Data and Operations Review...........................................................7
Subtask 2.2 -Concept Plan Development........................................................................................7
Subtask2.3 -Summary Report.........................................................................................................8
Task 3 - Additional Services Tasks..........................................................................................................9
Subtask 3.1 - Address TCEQ Administrative And Technical Review Comments Regarding
New Transfer Station Application............................................................................................9
Subtask 3.2 - TCEQ Newspaper Notices Assistance......................................................................9
Subtask 3.3 - Public and COG Meetings Assistance......................................................................9
Scheduleand Fee.................................................................................................................................. 10
Assumptions........................................................................................................................................... 11
Appendix A - Fee Schedule
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
BACKGROUND
The City of Corpus Christi Engineering and Solid Waste Services Department have a vision of creating
a unified campus (Facility) to serve the needs of the Solid Waste Department. This Facility, to be
located on an 89.64-acre (per land title survey provided) property adjacent to the J.C. Elliott
Landfill/Transfer Station, will include: a composting facility, a transfer station, an administration
building, and a fleet services facility that will include both parking infrastructure and a fueling facility.
A composting operation has been designated for the western portion of the property, and development
of that operation is being accomplished through a separate project. This overall project, as identified
in the RFQ 3409, will include the remaining three components and will occupy portions of the eastern
side of the property.
' Each of these three components is an important
part of the City's vision for the new Solid Waste
Department complex and each will bring its own
challenges to permitting, design and
k development. It will be important to determine the
best fit for these facilities within the useable limits
��. of the property as well as to optimize the
' functionality of all of the complementary
infrastructure and operations.
' There will be many siting criteria to take into
consideration when determining the ideal layout
for the Facility. Some of these are: traffic flow,
including attention to public accessibility;
floodplain issues; Texas Department of
Mock Layout of Solid Waste Facilities Transportation (TxDOT) driveway location
(from 8/18/20 Solid Waste Services Presentation)
restrictions; visual screening; stormwater
detention requirements; and Naval Air Station Corpus Christi Joint Land Use Study considerations;
among others. The SCS Project Team has extensive experience in leading clients through the process
of addressing various site restrictions posed by a specific location in order to bring a project's vision
to reality. An additional value provided by us is that Hanson, as part of the SCS Team, will also be
involved with the composting facility project and will be performing a constraints analysis on the entire
property to examine many of the concerns mentioned above.
This proposal covers the first portion of our overall services for this work, which we have labelled as
Preliminary Phase - Phase 1. For this portion of the work we will prepare a transfer station permit or
registration application for review and approval from the Texas Commission on Environmental Quality
(TCEQ). A second task of this phase is included to prepare the conceptual layout of the Facility
considering: the entrance location, traffic considerations, truck queuing at the gate, scale details, the
conceptual building layout for the transfer station/administration building, fueling area, maintenance
area for hauling vehicles, and potential site obstacles including: floodplains, wetlands, easements,
pipelines, Cabaniss Airfield proximity concerns, and powerlines.
The ultimate Scope of Services authorized under this contract will encompass not only the Scope of
Services described as Phase 1 services as follows, but will also eventually encompass detailed design
of the transfer station, administrative building, maintenance and fueling areas,truck parking, entrance
and exits to the property for construction, bid assistance and construction-phase services as part of
Phase 2.Atthis time, however,the conceptual layout must be prepared and approved as part of Phase
Solid Waste Facility Complex—Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
2
1 so that a scope for the Phase 2 services can be reliably developed to reflect the level of effort needed.
As we approach completion of Phase 1, as described herein, we will provide a Scope of Services, fee
estimate, project schedule, and list of deliverables associated with Phase 2 for review and approval
by the City.
TASK 1 - NEW TRANSFER STATION APPLICATION
Task 1 of the Phase 1 services is for the preparation of a Type V permit or registration application for
a new Municipal Solid Waste (MSW)transfer station for the City's submittal to TCEQ depending on the
permitting strategy developed and discussed with the TCEQ. Whether the application is a permit or a
registration, the components within either application described in this subtask are the same.
The permitting mechanism is an important consideration in any new or expanded existing MSW facility,
whether landfill or transfer station. For a transfer station, a new facility can be registered or permitted.
The single most significant difference between a registration and a permit is a registration is not
subjectto a contested case hearing.A contested case hearing can jeopardize a viable project or extend
the time from months to years for TCEQ approval. In many instances, a registration can provide the
shortest pathway to regulatory approval. A new transfer station can be registered if it meets certain
criteria, such as being located within the permit boundary of an existing landfill under 30 TAC
330.9(b)(4).
Adjacent to the new transfer station property is the existing J.C. Elliott Landfill. In order to take
advantage of the above registration criteria, the landfill permit boundary would need to be expanded
to incorporate the land upon which the new transfer station will be located. Expanding the landfill
permit boundary would require a notice modification of the landfill permit under 30 TAC 305.70(k)(7).
It is recommended a meeting with TCEQ at the outset of the project be conducted to discuss the above
plan. If the TCEQ concurs, the landfill permit will require a modification in addition to the new transfer
station registration. If this strategy is not employed, the permit option exists. The new transfer station
application would be for a permit. This would potentially subject the application to a contested case
hearing process.
Lastly,there is no viable mechanism to amend the existing transfer station.Since this is a new building
in a new location on different property, the TCEQ would consider this a new facility and it will be
assigned a new permit or registration number.
This application will primarily incorporate the acceptance of municipal solid waste, including solid
waste resulting from or incidental to municipal, community, commercial, institutional, and recreational
activities, including garbage, rubbish, ashes,street cleanings, dead animals, abandoned automobiles,
and all other solid waste other than industrial solid waste. MSW transfer stations may also accept
industrial solid waste, defined as solid waste resulting from or incidental to any process of industry or
manufacturing, or mining or agricultural operation. This task assumes that regulated hazardous
wastes and radioactive wastes will not be accepted except for hazardous wastes from conditionally
exempt small quantity generators, and that special wastes may be accepted.
The conceptual layout for the entrance, traffic patterns and transfer station building for use in the
application will be developed in Task 2.
The application will include the following:
• Submittal Letter
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
3
• TCEQ Core Data Forms
• TCEQ Type V Facility Checklist
• TCEQ Part I Form
Adjacent landowner list and map (1/4-mile radius)
• Part 1/11 in accordance with 30 TAC 330.59 and 330.61 (Parts I and II are typically
combined):
Supplemental Technical Report
Existing Conditions Summary
Waste Acceptance Plan
Impact on Surrounding Area
Transportation Study (desktop road volume study, assumes no roadway upgrades or
other design and notifications necessary)
Geology and Soils Statement (no borings or studies proposed)
Groundwater and Surface Water Study (conduct regional based desktop search for
hydrogeologic and surface water information, no additional studies proposed)
Abandoned Oil and Water Wells Study (conduct desktop search for oil and water well
information)
Floodplains and Wetlands Statement (Proposal assumes no Floodplain; Wetlands
investigation provided by others under separate contract)
Endangered or Threatened Species (provided by others under separate contract)
Historical Commission Review (a letter request for review only, no studies proposed)
Council of Governments and Local Government Review Request
Location Restrictions (Subchapter M)
- Easements, Buffer Zones (50 feet) and Rights-of-Way
- Airport Safety
- Floodplains
- Groundwater(Edwards Aquifer, Not Applicable)
- Endangered or Threatened Species
- Wetlands
- Fault Areas
- Seismic Impact Zones
- Unstable Areas
- Coastal Areas
- Type I and IV Landfill Permit Issuance Prohibited (Not Applicable)
Legal Description and drawing (legal description and drawing for TS permit boundary
provided by others under separate contract)
Applicant's Statement
Property Owners Affidavit
Applicant's Appointment and Legal Authority
Engineer's Appointment
Evidence of Competency
Adjacent and Potentially Affected Landowners
Figures, Including
- General Location Map
- County Highway Map
- Topographic Map
- Land Use Map
- Aerial Photograph (obtained from Google Earth)
- Landowner Map
- Airport Map
Solid Waste Facility Complex-Transfer Station vAvw.scsenaineers.com
Permitting and Conceptual Facility Design
4
- Floodplain Map
- Geology Map
- Seismic Impact Zone Map
- Facility Layout Maps (Conceptual level layouts developed in Task 2)
Permit Related Correspondence, Including
- TxDOT
- Texas Historical Commission
- TCEQ Water Quality
- Federal Aviation Agency
- Local Council of Government
- U.S. Corps of Engineers
- Texas Parks and Wildlife
- U.S. Fish and Wildlife
• Pert III in accordance with 30 TAC 330.63:
Site Development Plan:
- Introduction
- Solid Waste Data
- Facility Access
- Facility Waste Movement and Design
- Facility Sanitation
- Water Pollution Control
- Endangered Species Protection
- Surface Water Drainage Report
- Flood Control Analyses
- Waste Management Unit Design
- Geology Report (not required per TCEQ)
- Groundwater Sampling and Analysis Plan (not required per TCEQ)
- Landfill Gas Management Plan (not required per TCEQ)
- Closure Plan
- Post-Closure Plan (not required per TCEQ)
- Cost Estimate for Closure and Post-Closure Care (Subchapter L)
Attachment 1,Site Layout Plan:
- Facility Design Features (2 drawings)
- Schematics with Flow Chart
Attachment 2,Surface Water Drainage Plan
Attachment 3, Closure Plan
Attachment 4, Cost Estimate for Closure
• Part IV:
Site Operating Plan
Prepare Operating Plan to conform to 30 TAC 330 Subchapter E, Operational
Standards for Municipal Solid Waste Storage and Processing Units regulations,
including:
- Waste Acceptance and Analysis
- Facility Generated Waste
- Contaminated Water Management
- Storage Requirements
- Approved Containers
- Citizen's Collection Stations
- Requirements for Stationary Compactors
- Pre-Operation Notice
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
5
- Recordkeeping and Reporting Requirements
- Fire Protection
- Access Control
- Unloading of Waste
- Spill Prevention Control
- Operating Hours
- Facility Sign
- Control of Windblown Material and Litter
- Materials Along the Route to the Facility
- Facility Access Roads
- Noise Pollution and Visual Screening
- Overloading and Breakdown
- Sanitation
- Ventilation and Air Pollution Control
- Health and Safety
- Employee Sanitation Facilities
SCS will require a site boundary description and topographic map for the entire property. We
understand this will be prepared separately by others under a separate contract. In addition, we'll
require a metes and bounds description and boundary map for the transfer station permit or
registration boundary signed and sealed by a Registered Land Surveyor. We understand this will be
prepared separately by others under a separate contract. The transfer station vehicle routing, and
building layout, design and details will be developed in close collaboration with the City.The application
will include schematic, conceptual plans and details.
We will provide draft applications for review at two milestones; one at 60% and one at 90%. For each
draft,we will prepare 2 draft copies of the new transfer station application package for the City's review
and comment. Upon receipt of the City's comments to the 90% draft, we will finalize the application
and submit 7 copies of the permit application: 2 copies for the City, 4 copies for the TCEQ, and 1 copy
for the City to locate at a publicly accessible location for review and copying by the public (i.e.: a local
library or City Hall).
Our fee includes one in-person or Zoom meeting with the City and TCEQ at initiation of the project to
inform TCEQ of the project and discuss strategy for permitting/registering the new transfer station.
Additionally, we have also included three meetings in this subtask, one at the beginning of this task
as a kickoff (in conjunction with the Task 2 services), one at 60% and another at or near the 90%
complete stage.
We will prepare a scanned .pdf file of the permit application and will post the files on SCS's State
Required Posting web site.
Subtask 1.1 Deliverables:
1. 60 and 90% Draft Permit Applications for review by the City
2. Permit Application for Administrative Review by TCEQ
3. Permit Application for Technical Review by TCEQ
Solid Waste Facility Complex-Transfer Station www.scsenaineers.com
Permitting and Conceptual Facility Design
6
TASK 2 - CONCEPTUAL FACILITY LAYOUTS
Task 2 covers the preparation of the conceptual facility layouts. We have three subcconsultants that
will be workingwith us on this project. Hanson will provide civil design services, SNTwill be performing
architectural services for the office building, and Tait will provide the layout details regarding the
fueling facility.
Hanson will work in collaboration with SCS, the City, and the other subconsultants to develop a
conceptual facility layout that incorporates each of the components that will be a part of the complex,
including an enclosed transfer station, an administration building, and a fleet services facility that
includes parking infrastructure, minor vehicle maintenance capabilities, and a fueling station for
gasoline, diesel and CNG fuels. Hanson will prepare two draft conceptual layouts, and prepare a final
conceptual layout based upon the preferred draft option. Hanson will prepare a preliminary stormwater
management plan for the final conceptual layout that will address hydraulics and hydrology,
stormwater quality, and stormwater detention. Hanson will also prepare a basic cut/fill analysis of the
proposed site incorporating the proposed building components and stormwater management
channels and ponds.
SNT will provide architectural services in support of the conceptual facility and will establish the
administration building's organizational layout and room adjacencies.The intent of the administration
building design services will be to establish public spaces, work group zones, building access points
and the type of support spaces needed for an efficient solution to meet the City's needs. Coordination
with the adjacent transfer station building will be made.
Tait will serve as the fueling systems designer for the Solid Waste Facility Complex conceptual design.
They will collaborate with the City and SCS team members to develop conceptual designs for a fueling
facility that will include liquid fuels(gasoline, diesel) and CNG. Liquid fueling facility considerations will
include AST versus UST for fuel storage, storage tank capacity, dispenser locations and configurations,
and canopy locations and configurations, among others. Tait will utilize a subconsultant, Morris &
Associates, to provide the CNG conceptual design.
Each of the subconsultants will work under the direction of SCS. This work will be performed as further
described in the subtasks below.
SUBTASK 2.1 - PROJECT KICKOFF, DATA AND OPERATIONS REVIEW
For this second task, we will start the conceptual layout design by attending a project kickoff meeting
with the City's projectteam and relevant stakeholders(concurrently with the transfer station permitting
kickoff meeting). During this meeting the variety of services that are desired to be incorporated into
the concept plan will be established. Prior to and followingthis meeting a request for data and reports
that will be used to evaluate and size the desired facilities will be provided. In conjunction with this
meeting, a site evaluation will be performed to obtain input on planned operations and desired
improvements. At the completion of field activities, two conceptual plans will be developed locating
the various uses within the Facility.
SUBTASK 2.2 - CONCEPT PLAN DEVELOPMENT
The development of both conceptual plans will take into account the information we obtain from site
personnel, our observations of site operations, and the information/options presented in the project
kickoff meeting. Up to two different concepts will be developed for the following Facility uses:
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
7
• Transfer station;
• Compost facility;
• Recycling/public drop-off facility;
• Maintenance shop;
• Administrative building;
• Scales and scalehouse;
• Fueling facility(both compressed natural gas and diesel); and
• Employee and equipment parking.
As an exampleforthis portion of ourwork, a conceptual Administrative building layoutwill be prepared
for review and comment by the City. Based on initial discussions on staff occupancy and amenities,
the conceptual layout will establish the building's organizational layout and adjacencies desired in a
final design. An approved concept layout will provide direction to the design team for developing a
detailed design in Phase 2 of this overall project. The administration building design will take into
consideration daily and post-event operations supporting administrative and field operations staff.
Support spaces will include typical office environment spaces conducive for an efficient yet flexible
design for future modifications as building use may change for future services needed by the Solid
Waste Department.
We understand that multiple review sessions of the draft concept plans will be necessary to narrow
down the project to a final concept plan. Based on our conversations, we have assumed that two draft
plans will be provided for review and comment. We will make the appropriate revisions and narrow
these down to a single site concept. Once the final concept has been developed, a summary report
that documents this concept will be prepared.
Deliverables:
1. Draft Conceptual Layout(s) - up to two concepts
2. Final Conceptual Layout
SUBTASK 2.3 - SUMMARY REPORT
The summary report, which will be prepared for the final conceptual layout, will establish the basis-of-
design. This report will document the different areas of work, the basic assumptions of each feature,
and the decisions that were made in the previous tasks. This report will be used in Phase 2 of the
overall project to develop the construction/budding documents and will be updated throughout the
project as decisions are made and changes to the design occur.
Deliverable:
1. Summary Report for Final Conceptual Layout
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Permitting and Conceptual Facility Design
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TASK 3 - ADDITIONAL SERVICES TASKS
The following additional services tasks must be authorized by the City prior to the work
commencement. These Task 3 subtasks, if separately approved by the City, are proposed to be
conducted and billed on a time and material basis.
SUBTASK 3.1 - ADDRESS TCEQ ADMINISTRATIVE AND TECHNICAL REVIEW
COMMENTS REGARDING NEW TRANSFER STATION APPLICATION
This subtask includes the fee for addressing TCEQ administrative and technical Notice of Deficiency
(NOD) review comments on the new transfer station application. This includes preparing a scanned
.pdf file of any revisions or responses regarding the application and posting the file on SCS's State
Required Posting website. Since the complexity and scope of the TCEQ's comments are difficult to
estimate, staff time is included in this subtask for typical level of comments.
Subtask 3.1 Deliverables:
1. Prepare an Administrative Review comment response(s) letter and application revisions to
TCEQ.
2. Prepare a Technical Review comment response(s) letter and application revisions to TCEQ.
SUBTASK 3.2 - TCEQ NEWSPAPER NOTICES ASSISTANCE
This subtask is included to assist the City with their preparation of, publishing of, and certification of
newspaper notices of the administrative and technical approval of the new transfer station application.
When TCEQ issues their administrative approval of the permit application, they will require the City to
publish a notice in the local newspaper. This may include an alternative language publication.
Additionally, a second publication will be required when TCEQ issues their technical approval of the
permit application. Our proposed fee assumes that any fees for newspaper publications will be paid
directly by the City. SCS understands the City will complete this subtask, but SCS has included staff
time in this proposal for minor assistance.
Subtask 3.2 Deliverables:
1. Assist City with their preparation of an Administratively Complete notice package. Provide
Notice language to City for publication in newspapers
2. Assist City with their preparation of a Technically Complete notice package. Provide notice
language to City for publication in newspapers
SUBTASK 3.3 - PUBLIC AND COG MEETINGS ASSISTANCE
This task is for assisting the City with the preparation of a potential public meeting associated with the
project. During the pandemic, public meetings have been held over Zoom calls versus in person. It is
unknown at this time which would be required by the TCEQ.Since the nature of the issues are difficult
to estimate, this subtask includes limited staff time in this proposal for presentation assistance. If
needed, we have assumed one team member will provide backing support to the City at a public
meeting.
In addition, a presentation regarding the project is sometimes requested by the Council of
Governments (or subcommittees thereof) for a transfer station permit application. This subtask
includes limited staff time for presentation assistance and attendance. If needed, we have assumed
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
9
one team member will provide backing support to the City at a COG meeting.
Subtask 303 Deliverables:
1. Assist City with public meeting and COG presentation
20 Attend public meeting and COG meeting
SCHEDULE AND FEE
We will initiate work immediately upon receipt of notice-to-proceed from the City. Our first meetings
will be scheduled to conduct a site visit within the first 2 weeks of notice-to-proceed depending on the
City's availability. A proposed schedule for the work for key tasks is proposed below in bullet format
followed by a graph.
• Task 1 can be completed within 9 months from notice-to-proceed pending completion of
services from others, assuming a Floodplain Analysis, TxDOT driveway permit and traffic
analysis and/or a wetlands permit is not needed.
• Additional Services Subtasks 3.1 through 3.3 are anticipated to be completed as needed, but
that they would follow the completion of Task 1.
• The initial draft conceptual layout(s) will be submitted within 6 weeks of the project kickoff
meeting. Upon selection of the conceptual layout of the entire Facility,the conceptual transfer
station layout and building plan will be incorporated in the Task 1 new TS application. Task 2
is anticipated to be completed within 3 weeks of receipt of final City comments on the draft
conceptual plans and the receipt of all information needed to refine the information into one,
final conceptual layout.
MONTHS
i
S
i-5 r. 71
Regarding our proposed fees, Table 1 below shows the proposed fees for the base tasks presented in
this proposal. Table 2 shows the potential additional services for City authorization as the need arises.
All tasks and subtasks are proposed on a time-and-materials, not-to-exceed fee basis. A copy of our
proposed fee schedule is included in Appendix A.
Table 1 - Preliminary Phase- Phase 1 Proposed Fees by Task— Base Services
Task Name a
72-1New Transfer Station Application $32,500 $97,590
Conceptual Facility Layouts $106,881 0
Total 00 $97,590.00
Solid Waste Facility Complex-Transfer Station www.scsenaineers.com
Permitting and Conceptual Facility Design
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Table 2 - Preliminary Phase- Phase 1 Proposed Fees by Task— Potential Additional Services
Task # I Task Name 2021 Fee 2022 Fee
3.1 Address TCEQ Comments Regarding New TS Application 0 $41,150
3.2 TCEQ Newspaper Notices Assistance 0 $4,320
3.3 Public and COG Meetings Assistance 0 $13,130
Total 00 $58,600.00
Total Project Fee (Base and Additional Services) - $295,571
ASSUMPTIONS
We have developed the Scope of Work based on our understanding of the project. The following is a
list of assumptions used in the development of the scope of work, schedule and fees for the Phase 1
services:
• Survey Services. Others will provide a ground topographic survey with a map, boundary survey,
and metes-and-bounds description for the transfer station permit/registration boundary, an
adjacent landowner map and list within 1/4 mile of the permit boundary, and drainage, pipelines,
and utility easement map within the permit/registration boundary.Others will prepare the ground
survey and prepare a topographic map in AutoCad format. Others will utilize a registered survey
firm in Texas for this work that has significant experience completing these surveys for solid
waste facilities, who will prepare the other surveys and maps. These drawings and lists will need
to be included in the permit application. This scope of work is not included in this scope of work
but can be included in the next phase of services for this contract.
Traffic and Access Road Assessment. Traffic study proposed for Task 1 is for transfer station
permitting/registration only and is a limited traffic count study. Road upgrades or additional
traffic studies, such as Traffic Impact Analyses, and driveway permits are not included in this
scope of work but can be included in the next phase of services for this contract. In addition, any
traffic study needed for other entrances/exits to property, unrelated to the transfer station, is
not included in this scope of work but can be included in the next phase of services for this
contract.
• Wetlands Permitting. Any scope of services related to wetlands is provided by others. However,
if needed, SCS could provide a fee estimate for wetlands and waters of the US delineation,
coordination with USACE and meetings with USACE, preparation of an individual permit or assist
the City with mitigation. If required by USACE,we also can prepare a pre-construction notification
(PCN)for submittal of a Section 404 Nationwide Permit application to the USACE to be included
in the next phase of services.
Endangered Species. Permitting and mitigation of potential endangered species located on the
property is not included in this scope of services. However, if requested by the City, SCS could
provide a fee estimate for endangered species habitat survey, agency coordination with Texas
Parks and Wildlife and US Fish and Wildlife Service.
Bird studies are not included in this phase of services.
Flood Plain Study or CLOMR. This proposal assumes these services will not be needed for the
transfer station permit application. However, if the buildings or other critical facilities on the
property are located in the 100-year floodplain, we could prepare a CLOMR to remove said
facilities from the floodplain under a separate scope of services included in the next phase of
services forth is contract.
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Permitting and Conceptual Facility Design
11
• Preparation of other permit applications or approvals that may be required for the facilities is
not included (e.g., TPDES Stormwater Notice of Intent, Stormwater Pollution Prevention Plan
required after issuance of MSW permit, Air Permits).
• Newspaper publishing will be the responsibility of the City, and newspaper fees will be paid
directly by the City.
• The City will lead a potential public meeting and/or council of governments (COG) meeting for
the new transfer station application.
• Preparation for and participation in a Public Hearing for a Permit Application is not included. If
required, our project team has significant experience in preparing for and serving as expert
witnesses at various legal proceedings, including contested case hearings for solid waste
facilities in Texas.
• Changes resulting from new regulations. Our team will monitor the evolution of state rules in an
effort to avoid an impact on this application.
• Construction drawings or technical specifications other than the conceptual drawings are not
included.
• It is assumed that the City will provide certain items, including: legal description and metes-and
-bounds survey showing easements, rights-of-way, etc., for the entire property and evidence of
financial assurance.
• In the course of interagency review of the permit application, certain agencies may request
additional information that requires further study. Given the uncertainty of the need for such
additional studies, such studies (e.g., historical, archaeological, land use, etc.) are not included
in the proposal.
• This property is located in Nueces County. As such, pursuing re-zoning, platting or other local
land use approval is not included in this scope of services.
• Any permit modifications/amendments contemplated for the adjacent landfill is not included in
this scope of work.
Technical Assumptions
• Easements and right of ways will be provided by the City for the entire 89.64-acre property.
• We will designate a permanent benchmark for the transfer station in the application documents.
However, the benchmark will not be installed until the construction phase of this contract in
Phase 2.
• We understand that a constraints analysis, which would identify potential location restriction
items of concern is being prepared for the property and will be provided by others. This
information will serve as a basis for the layouts and potential impacts to certain facilities.
• The City wishes to utilize the existing inbound scales at the existing transfer station site, but
upgrade the scalehouse for the new transfer station.
• A waterline and sanitary sewer will be provided for the transfer station building, administration
building, and scalehouse.
• The City requests one inbound and outbound scale with ample passing lanes.
• Anticipate a maximum of 2,000 tons per day, or as the waste intake and building can ultimately
support, for the permit application.
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
12
• The transfer station will include two loading tunnels at a minimum.
• The transfer station will include a reinforced concrete floor.
• The City wishes to consider a permitting mechanism to potentially expand the permit boundary
of the adjacent closed landfill to incorporate the new transfer station boundary as a landfill
permit modification and pursue the new transfer station application as a registration.
Solid Waste Facility Complex-Transfer Station www.scsenaineers.com
Permitting and Conceptual Facility Design
13
Appendix A
Fee Schedule
Solid Waste Facility Complex-Transfer Station www.scsengineers.com
Permitting and Conceptual Facility Design
Environmental Management Consultants 1901 Central Drive 12651 Briar Forest Drive
Offices Nationwide Suite 550 Suite 205
Bedford,Texas 76021 Houston,Texas 77077
817.571.2288 Main 281.293.8494 Main
SCS ENGINEERS
SCS ENGINEERS FEE SCHEDULE
(Effective April 1, 2021 through March 31, 2022)
Labor Category Rate/Hour ($)
Business Unit Director..................................................................................... 235
ProjectAdvisor.................................................................................................. 225
Satellite Office Manager.................................................................................. 225
ProjectDirector II.............................................................................................. 215
ProjectDirector I............................................................................................... 200
ProjectManager II............................................................................................ 180
ProjectManager I............................................................................................. 170
CQAManager.................................................................................................... 165
Project Professional III ..................................................................................... 165
Project Professional II ...................................................................................... 140
Project Professional I ....................................................................................... 135
StaffProfessional III......................................................................................... 125
StaffProfessional II.......................................................................................... 120
StaffProfessional I........................................................................................... 115
Associate Staff Professional............................................................................ 100
CADDesigner.................................................................................................... 130
CADDraftsperson............................................................................................. 85
Office Service Manager.................................................................................... 110
Secretarial/Clerical .......................................................................................... 75
Sr. Technician................................................................................................... 105
Technician......................................................................................................... 95
CQATechnician................................................................................................. 75
1. The hourly rates are effective through March 31, 2022. Work performed thereafter on
new tasks is subject to a new Fee Schedule issued for the period beginning April 1, 2022.
Consistent with federal regulations, a factor of 150% will be applied to overtime hours for
field personnel.
2. The above rates include salary, overhead, administration, and profit. Other direct
expenses, such as analyses of air, water and soil samples, reproduction, travel,
subsistence, subcontractors, long distance telephone, computers, etc., are billed at actual
cost plus 15 percent. Vehicle mileage is billed at $0.66 per mile for autos and $0.76 per
mile for company trucks. Daily rates apply on long-term projects.
3. Invoices will be prepared monthly for work in progress unless otherwise agreed. Invoices
are due and payable upon receipt.
4. Payment of SCS Invoices for services performed will not be contingent upon the client's
receipt of payment from other parties, unless otherwise agreed. Client agrees to pay legal
costs, including attorney's fees, incurred by SCS in collecting any amount past due and
owing on client's account.
5. For special situations, such as expert court testimony and limited consultation, hourly
rates for principals of the firm will be on an individually-negotiated basis.
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Exhibit B
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 Engineering Services 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
1 EXHIBIT C
PAGE 1 OF 3
be prior to inception of agreement,
have 3-year reporting period provisions
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, with the exception of professional liability, which may be
on a per claims made 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 Consultant is 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. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
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 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
2 EXHIBIT C
PAGE 2 OF 3
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 order Consultant to remove the
exhibit hereunder, and/or 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 EXHIBIT C
PAGE 3 OF 3
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1—Definitions and Terminology .......................................................................................................2
Article2—Preliminary Matters.....................................................................................................................8
Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8
Article 4—Commencement and Progress of the Work................................................................................9
Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9
Article 6—Bonds and Insurance .................................................................................................................10
Article 7—Contractor's Responsibilities.....................................................................................................10
Article 8—Other Work at the Site...............................................................................................................10
Article 9—Owner's and OPT's Responsibilities...........................................................................................10
Article 10—OAR's and Designer's Status During Construction ..................................................................11
Article 11—Amending the Contract Documents; Changes in the Work....................................................13
Article 12—Change Management ..............................................................................................................13
Article13—Claims.......................................................................................................................................14
Article 14—Prevailing Wage Rate Requirements.......................................................................................16
Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16
Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16
Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16
Article 18—Suspension of Work and Termination.....................................................................................16
Article 19—Project Management...............................................................................................................16
Article 20—Project Coordination................................................................................................................16
Article 21—Quality Management...............................................................................................................17
Article 22— Final Resolution of Disputes....................................................................................................17
Article 23—Minority/MBE/DBE Participation Policy..................................................................................17
Article 24—Document Management..........................................................................................................17
Article25—Shop Drawings.........................................................................................................................17
Article26— Record Data.............................................................................................................................20
Article 27—Construction Progress Schedule..............................................................................................21
Article 28—Video and Photographic documentation ................................................................................21
Article 29— Execution and Closeout...........................................................................................................21
Article30—Miscellaneous..........................................................................................................................22
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 1 of 22
ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term's singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined, terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement - The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8. Bidder-An individual or entity that submits a Bid to Owner.
9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments, and required certifications.
10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier's check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form, refers to individual instrument.
12. Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13. Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
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b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due; or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated, or addressed pursuant to:
a. The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. ("CERCLA");
b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.;
c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA");
d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e. The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous,toxic, or dangerous waste, substance,
or material.
17. Contract -The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment-A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications,and increases or decreases in unit price quantities, if any,that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times-The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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b. Achieve Substantial Completion; and
c. Complete the Work.
22. Contractor-The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work - The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests, or approvals referred to in the Contract Documents; or
C. Has been damaged or stolen prior to OAR's recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract -The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order-A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract.
31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs
resulting from claims or demands against Owner's Indemnitees. These costs include
fees for engineers, architects, attorneys, and other professionals.
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32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations,
ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone-A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
C. Field Order; or
d. Work Change Directive.
36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City's officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45. Resident Project Representative or RPR-The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents-A schedule of required documents, prepared, and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor's Applications for Payment.
49. Selected Bidder-The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings, whether approved or not, are not
Drawings and are not Contract Documents.
51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications -The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor -An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion - The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions - The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data-Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities; or
C. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59. Unit Price Work-Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive -A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to "at no additional cost to Owner,"
"at Contractor's expense,"or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words "furnish," "install," "perform," and "provide" have the following
meanings when used in connection with services, materials, or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3. Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4. Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words "furnish," "install," "perform," or
"provide."
F. Contract Documents are written in modified brief style:
1. Requirements apply to all Work of the same kind, class, and type even though the word
"all" is not stated.
2. Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words "furnish," "install," "perform," "provide," or
similar words include the meaning of the phrase "The Contractor shall..." before these
words.
3. Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G. Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H. Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT's project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I. Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2—PRELIMINARY MATTERS
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
B. Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards, whether referenced or not.
1. Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer's or OAR's interpretation by submitting a Change Proposal.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT's obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer's findings, conclusions, and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer's findings,
conclusions, and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer's findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer's findings, conclusions, and
recommendations.
ARTICLE 6—BONDS AND INSURANCE
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
ARTICLE 8—OTHER WORK AT THE SITE
ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner's Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections,Tests, and Approvals
A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT's Responsibilities
A. The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor's means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. OAR is Owner's representative. The duties and responsibilities and the limitations of
authority of OAR as Owner's representative are described in the Contract Documents.
10.02 Visits to Site
A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer's visits and observations are
subject to the limitations on Designer's authority and responsibility described in Paragraphs
9.09 and 10.07.
B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's
quality assurance program, and administer the Contract as Owner's representative as
described in the Contract Documents. OAR's visits and observations are subject to the
limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A. Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives' authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A. Designer's authority related to Shop Drawings and Samples are described in the Contract
Documents.
B. Designer's authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C. OAR and Designer's authority related to Modifications is described in Article 11.
D. OAR's authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B. Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor
does not agree with the Designer's decision.
10.07 Limitations on OAR's and Designer's Authority and Responsibilities
A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor's Team.
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ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
ARTICLE 12—CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT's description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies, fuels, and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost; and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
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provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor's risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13—CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
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C. Claims by Contractor that are not received within the time period provided by section
13.02(8) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor's knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12,shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services
Page 15 of 22
ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18—SUSPENSION OF WORK AND TERMINATION
ARTICLE 19— PROJECT MANAGEMENT
ARTICLE 20—PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services
Page 16 of 22
ARTICLE 21—QUALITY MANAGEMENT
ARTICLE 22—FINAL RESOLUTION OF DISPUTES
ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24—DOCUMENT MANAGEMENT
ARTICLE 25—SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor's Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors, textures, or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general,conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 17 of 22
25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer's review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer's review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer's review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor's markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
C. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services
Page 18 of 22
c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked "Approved as Noted" and "Resubmit with corrections made." These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as "At Variance With" (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations, then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services
Page 19 of 22
Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the
Shop Drawing process is closed.
F. Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26—RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor's Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
26.07 Record Data Submittal Procedures
26.08 Designer's Responsibilities
A. Record Data will be received by the Designer, logged, and provided to Owner as the Project
record.
1. Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2. Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3. Contractor's responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B. Designer may take the following action in processing Record Data:
1. File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of "Filed as
Received" and no further action is required on that Record Data.
2. Reject the Record Data for one of the following reasons:
a. The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services
Page 20 of 22
Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing."
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b. The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and
Resubmit." Contractor is to resubmit the Record Data until it is acceptable and
marked "Filed as Received." When Record Data is filed, no further action is
required and the Record Data process will be closed.
c. The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked "Rejected" and "Cancel
- Not Required." No further action is required and the Record Data process will be
closed.
C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as
Received."
ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29—EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A. Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B. OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C. Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1. Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2. Correct the noted deficiencies in the Work.
3. Notify the Designer when the items of Work in the Designer's notice have been
completed.
4. OPT will revisit the Site and repeat the process.
5. Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6. Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services
Page 21 of 22
29.02 Final Inspections
A. Notify the Designer when:
1. Work has been completed in compliance with the Contract Documents;
2. Equipment and systems have been tested per Contract Documents and are fully
operational;
3. Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4. Specified spare parts and special tools have been provided; and
5. Work is complete and ready for final inspection.
B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C. Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E. Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30—MISCELLANEOUS
END OF SECTION
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 22 of 22
Capital Improvement Flan 2022 2024
City of Corpus Christi, Texas
Project# 21007
Project Name Solid Waste Facility Complex
Type Improvement/Additions Department Solid Waste
Useful Life 40 years Contact Director of Solid Waste C .,
Category Site Improvements Priority 1 Critical-Health&Safety
Status Active
Description
An Administration Building to provide offices,meeting space,filing and storge areas,and employee lockers for 170 employees. The transfer
station requires 3 load out bays,adequate queuing lanes for customers and sufficient area to process all of the trash received daily within the
enclosed building. Sufficient parking area is needed for vehicles and equipment used in the collection and transportation of Solid Waste,with
diesel,gasoline and CNG fueling facilities. New solid waste facility will replace the existing Solid Waste facility at 2525 Hygeia Street,and
provide adequate square footage to accommodate administrative functions and to support field activities for 170 Solid Waste personnel.
Construction will include parking for 120 mid size to large collection and haul vehicles,a 1200 tons per day transfer station and 200 space
employee parking.
Justification
The current administration building does not provide the required space needed by the employees. It is shared with the Street Department and
additional space is not available. This results in employee meetings held outdoors in the elements,fragmentation of important department
services in portable buildings,and management offices that are inadequate. One third of the building has a floating floor that is sinking,causing
the walls to crack and posing dangers for our employees and recurring sewage problems.Customer demand has outgrown our current Transfer
Station,resulting in blowing trash,long lines,poor traffic flow,unsightly and inadequate recycling facilities,safety concerns,and a Household
Hazardous Waste facility that is outside in the weather. Due to the physical constraints the transfer station staff is unable to move all of the trash
to the landfill on a daily basis,causing trash to be stored on site. The stored materials creates a vector problem,attracts birds and poses a fire
hazard. Customers experience long lines and extended waits.
Expenditures Prior Years 2022 2023 2024 Total
Construction/Rehab 1,300,000 14,000,000 15,300,000
Design 2,215,000 336,500 2,551,500
Eng,Admin Reimbursements 685,000 1,600,000 2,285,000
Total 4,200,000 15,936,500 20,136,500
Funding Sources Prior Years 2022 2023 2024 Total
Certification of Obligation 4,200,000 15,936,500 20,136,500
Total 4,200,000 15,936,500 20,136,500
Budget Impact/Other 71
Project will provide new revenue to Operational Budget.Project helps maintain compliance of permit requirements and avoid future violations
and fines.
148
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oRPORPg4 AGENDA MEMORANDUM
1852
Action Item for the City Council Meeting November 9, 2021
DATE: October 29, 2021
TO: Peter Zanoni, City Manager
FROM: Tammy Embrey, Director Intergovernmental Relations
tammye(a)cctexas.com
361-826-3622
Resolution to submit DEAAG Grant Application to the Office of the Governor for Clear
Zone Easement Acquisition at NOLF Cabaniss Field
CAPTION: Resolution authorizing the submittal of a grant application totaling $800,000 to the
Office of the Governor for funding from the Texas Military Preparedness Commission's
Defense Economic Adjustment Assistance Grant Program with and a matching contribution
from the City of $800,000 for easement acquisition, real estate transaction costs, project
management and grant administration services.
SUMMARY:
The project would fund the acquisition of a restrict use easement in a runway clear zone to
protect flight training operations at Naval Air Station Corpus Christi's (NASCC) Navy Outlying
Field (NOLF) Cabaniss Field. The restrictive use easement would secure a 51 .85-acre site
outside the city limits of the City of Corpus Christi (City) in unincorporated Nueces County and
thus outside of municipal authority to prevent incompatible land development which could
threaten the future of military flight training operations at the only multi-engine primary flight
training field in the entire U.S. Navy. The easement property is the sole remaining piece of
property in the clear zone not owned or controlled by the U.S. Navy. The City would hold title
to the easement and be responsible for enforcing the terms of the easement.
BACKGROUND AND FINDINGS:
Cabaniss Field, which began as a flight training field in July 1941 , contains two Class A
runways (, an air traffic control tower and a fire station on the 971-acre site. NOLF Cabaniss is
approximately 8.6 miles (12.9 km) west of the Naval Air Station. The field is in the primary
growth corridor for the City of Corpus Christi immediately north of Oso Creek. According to the
City's London Area Development Plan adopted in March 2020, the property subject to the
proposed restrictive use easement is mostly located within the 100-year flood plain. However,
some of the property fronts Weber Road (Farm to Market Road 43) and could include low- and
medium-density commercial development promoted by street and infrastructure improvement
projects, the availability of quality schools in the London Independent School District (ISD) and
rapid residential development. London ISD has added 452 students between 2015/16 and
2020/21 , an increase of 54.6 percent. Since 2010 existing home sales in the London ISD have
more than tripled. The school district has 15 actively building residential subdivisions and three
more in the planning stages. It is imperative with this explosive growth projected in this area to
protect the Clear Zone for NOLF Cabaniss Field from incompatible developments which might
threaten its mission and operations.
Since the 1980s, the City prioritized protecting the Navy Flight training fields in our areas from
encroachment by incompatible development by acquiring land in AICUZ studies Clear Zones
for three airfields used by NASCC for flight training operations — Truax Field on NASCC, NOLF
Waldron Field and NOLF Cabaniss Field. The City held those tracts of land to protect private
development and prevent incompatible development. The City also adopted Joint Land Use
Studies (JLUS) and ordinances in its Unified Development Code (UDC) to establish zoning
regulations to ensure compatible development.
The Navy's Community Planning and Liaison Officer was added as an ex-officio member of the
City's Planning and Zoning Commission to improve communication between the City, Navy
and the development community. Because of this cooperative approach, the Navy has been
able to successfully engage in discussions with proposed project developers early so potential
encroachments might be mitigated before they become a problem or cause a conflict with
Navy mission and operations. The City also established an Airport Zoning Board to provide
land use regulatory protections in areas adjacent to the three Navy training fields and the
Corpus Christi International Airport. Finally, in 2017, the City received Congressional
authorization in the National Defense Authorization Act and completed a land swap in 2021
with the Navy to exchange more than 40 acres of City-owned land in Clear Zones and APZs
for Truax, Waldron and Cabaniss Fields to the Navy in exchange for approximately 44 acres of
surplus Navy property.
The 2020 AICUZ Study was developed based on the projected aircraft operations (projected
out to year 2030). Clear Zones for a Class A Runway are 3,000 feet immediately beyond the
end of the runway and 1 ,000 feet wide. Clear Zones should remain undeveloped. APZ 1 is an
area beyond the Clear Zone 1 ,000 feet wide and 2,500 feet in length and may be either
rectangular or curved to conform to predominant flight tracks. APZ 2 is the area beyond APZ 1
that also measure 1 ,000 feet wide and 2,500 feet in length, It may be either rectangular or
curved to conform to predominant flight tracks.
This proposed DEAAG project by the City follows Navy AICUZ policy guidance by seeking a
restrictive easement in the Clear Zone and APZ 1 of NOLF Cabaniss Field.
PROJECT COST LEVERAGE DOLLARS PERCENTAGE
DEAAG $800,000 50%
CITY OF CORPUS CHRISTI $800,000 50%
ALTERNATIVES: Council may choose to not approve the resolution resulting in a need for
NASCC to find alternative funding for this project.
FISCAL IMPACT: The City of Corpus Christi will provide a contribution of$800,000 that
includes an in-kind contribution of $99,775 which will cover project management and grant
administration for the project to oversee the real estate transaction and grant compliance
reporting.
Funding Detail:
Fund: 3543 — Texas Military Preparedness Commission CO Fund
Organization/Activity: 220133543EXP
Mission Element:
Project # (CIP Only): 22013 DEAAG NOLF Cabaniss Easement
Account: 550701 & 530010
Amount: $800,000
RECOMMENDATION: Staff recommends approval of the resolution
LIST OF SUPPORTING DOCUMENTS:
Resolution
Aerial Map of property and Cabaniss Field
Resolution authorizing the submittal of a grant application totaling$700,000 to the Office of the
Governor for funding from the Texas Military Preparedness Commission's Defense Economic
Adjustment Assistance Grant Program with and a matching contribution from the city of$800,000 for
easement acquisition, real estate transaction costs, project management and grant administration
services.
WHEREAS, With 15 major installations and the Army Futures Command, numerous headquarters, open
spaces for realistic training, low cost of living and outstanding support to military and families,Texas has
a long, significant and proud history of partnership with the defense of our nation; and
WHEREAS, the Texas Comptroller of Public Accounts estimates the population directly affiliated with
Naval Air Station Corpus Christi (NASCC) contributed at least$2.7 billion to the Texas economy in 2019.;
employing more than 9,400 full-time and contract employees at NASCC, CCAD and its tenant commands
making CCAD the largest employer in the City and NASCC the sixth largest; and
WHEREAS, Military OneSource list the NASCC base population at just over 43,200 for its 22 commands,
including more than 2,800 Active Duty personnel, more than 4,400 civilian employees, nearly 7,100
family members, 12,555 retirees, more than 12,500 family members of retirees, 1,185 Reserve and
Guard personnel, nearly 3,000 family members of the Reserve and Guard; and
WHEREAS, NASCC's overall command assignment is pilot training.The Chief of Naval Air Training
(CNATRA), headquartered at NASCC, oversees the training operation throughout the Southeast Region,
from Texas to Florida. Under CNATRA's command are five training air wings, 16 training squadrons,
more than 14,000 Navy and civilian personnel, the Blue Angels Flight Demonstration Squadron,the
Naval Aviation Schools Command and the National Museum of Naval Aviation; and
WHEREAS, the mission of Naval Air Training Command is to train the world's finest combat quality
aviation professionals, delivering them at the right time, in the right numbers, and at the right cost to a
Naval Force that is where it matters, when it matters. Headquartered at NASCC, the Chief of Naval Air
Training (CNATRA) leads the Naval Air Training Command (NATRACOM) composed of five Training Air
Wings located on Naval Air Stations in Florida, Mississippi, and Texas.The wings are home to 17 Training
Squadrons; and
WHEREAS, Cabaniss Field,which began as a flight training field in July 1941, contains two Class A
runways (5,000 feet long by 150 feet wide), an air traffic control tower and a fire station on the 971-acre
site. The field is located in the primary growth corridor for the City of Corpus Christi immediately north
of Oso Creek; and
WHEREAS, Cabaniss Field is the only multi-engine flight training field in the entire U.S. Navy and thus is
essential to fulfilling the Navy's flight training mission. From 2017-2020, more than 50,000 operations
(i.e., individual take offs and landings) were completed by Navy and Marine Corps student pilots using
twin engine T-44A and T-44C Pegasus aircraft at Cabaniss Field; and
WHEREAS, the Navy's Naval Facilities Engineering Command-Atlantic(NAVFAC) completed a revised Air
Installations Compatible Use Zone (AICUZ) Study for NOLF Cabaniss and NOLF Waldron Field in
September 2020. AICUZ studies have been completed in 1978,1986, and 2009 for NOLF Cabaniss Field.
AICUZ studies allow the Navy to designate areas with an accident potential based on historical data for
aircraft mishaps near military airfields to assist in land use planning. Accident Potential Zones (or APZs)
follow departure, arrival, and pattern flight tracks to help minimize potential harm to the public, pilots,
and property if a mishap does occur, and
WHEREAS, according to the 2020 AICUZ study, Clear Zones and APZs for NOLF Cabaniss impact
approximately 1,385.4 acres. Approximately 17 percent of the impacted areas are within the airfield
boundary(approximately 230.5 acres)while the remaining 83 percent of the impacted areas are "off-
station" (approximately 1,154.9 acres).The study states, "Successful AICUZ land use compatibility
implementation is the collective responsibility of the Navy, state and local governments, and private
sector and non-profit organizations", and
WHEREAS, Since the publication of the 2020 AICUZ study, the City and Navy have fulfilled the pledge of
successful land use compatibility implementation by completing a land swap of more than 40 acres of
City-owned land in exchange for f Navy-owned land known as Peary Place. Approximately 39-acres of
the 51.85-acre easement property are within the Clear Zone for NOLF Cabaniss Field. As this property is
located in unincorporated Nueces County,this property could be developed with either commercial land
use or medium density residential, which are incompatible in the Clear Zone; and
WHEREAS,the Texas Legislature appropriated $30 million in the FY20-FY 21 biennia to the Texas Military
Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to
assist defense communities that have been, or may potentially be, impacted by a past or future BRAC
action,to obtain economic assistance to mitigate or prevent or otherwise positively affect their local
economy through funded projects. The DEAAG application period is now open and $15 million is
available for this round. The TMPC deadline for submitting DEAAG applications is November 12, 2021;
and
NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
The City Manager, or designee, is authorized to submit a grant application totaling up to$800,000.00 to
the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense
Economic Adjustment Assistance Grant Program to fund the acquisition of a restrictive use easement in
a runway clear zone to protect flight training operations at Naval Air Station Corpus Christi's (NASCC)
Navy Outlying Field (NOLF)Cabaniss Field.
PASSED AND APPROVED on the day of , 2021 :
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
FOR OFFICIAL USE ONLY
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AGENDA MEMORANDUM
WoRPORP�g4 Action Item for the City Council Meeting November 9, 2021
1852
DATE: November 3, 2021
TO: Mayor & City Council
FROM: Rebecca L. Huerta, City Secretary
RebeccaH(o-)-cctexas.com
361-826-3105
Resolution Approving Termination of Inactive Campaign Treasurer
Appointments
CAPTION:
Resolution approving termination of the campaign treasurer appointments for inactive candidates
and specific-purpose political committees in accordance with Section 2-7 of the City's Code of
Ordinances.
SUMMARY:
The proposed Resolution allows the City Council to act on the procedure by which the campaign
treasurer appointments of inactive candidates and specific-purpose political committees may be
terminated and records destroyed.
BACKGROUND AND FINDINGS:
Candidates for mayor and city council and specific-purpose political committees are required to
file campaign treasurer appointments with the City Secretary (Sections 252.005(3) and 252.006,
252.007(3), Texas Election Code, respectively). Pursuant to Section 252.011(b), Texas Election
Code, a campaign treasurer appointment continues in effect until terminated. To terminate a
campaign treasurer appointment, a candidate must file a final report; a specific-purpose political
committee must notify the filing authority, in writing, of the termination or file a dissolution report.
Currently, the City Secretary's Office has on file numerous campaign treasurer appointments for
inactive candidates and specific-purpose political committees for which neither a final report nor
a written termination or dissolution report have been filed, respectively.
The Texas Election Code sets out a process by which such campaign treasurer appointments
may be terminated, which requires a vote of the City Council in a regularly scheduled city council
meeting. Ordinance 032518, approved and adopted by City Council on August 17, 2021, allows
for the termination and destruction of the inactive candidates' and specific-purpose political
committees' campaign treasurer reports, as outlined in the Texas Election Code.
The City Secretary's Office sent written notice to the affected candidates and specific-purpose
political committees 14 calendar days before the date of the City Council meeting, which included
the date, time, and place of the meeting; a statement of the City Council's intention to consider
termination of the campaign treasurer appointment; referencing the particular sections of the
statutes and the Ordinance that gives the City Council the authority to consider the termination;
and the effect of termination of the campaign treasurer appointment. Additionally, the City
Secretary will promptly notify the affected candidate or specific-purpose political committee that
the appointment has been terminated and will be effective December 9, 2021.
ALTERNATIVES:
Should the City Council decide to not approve the Resolution, the campaign treasurer
appointments for inactive candidates and specific-purpose political committees will remain on file
in the City Secretary's Office.
FINANCIAL IMPACT:
None
Funding Detail: N/A
Fund: 1020
Organization/Activity: 10020
Mission Element: 714
Project # (CIP Only):
Account:
RECOMMENDATION:
Approve the Resolution
LIST OF SUPPORTING DOCUMENTS:
Resolution
Exhibit A - List of campaign treasurer appointment terminations for candidates and specific
purpose political committees.
Resolution approving termination of the campaign treasurer appointments for
inactive candidates and specific-purpose political committees in accordance with
Section 2-7 of the City's Code of Ordinances.
WHEREAS, Section 2-7 of the City's Code of Ordinances sets out the procedure
to terminate the campaign treasurer appointments for inactive candidates and specific-
purpose committees as allowed by Texas Election Code §252.0131 ; and
WHEREAS, the City Secretary's Office has a compiled a list of candidates and
specific-purpose committees that are inactive because they have filed a campaign
treasurer appointment with the City Secretary in accordance with the Texas Election Code
and more than two years have lapsed since the campaign treasurer for the specific-
purpose political committee or the candidate has filed campaign finance reports with the
City Secretary, which list is attached hereto as Exhibit A; and
WHEREAS, the City Secretary provided written notice to the inactive candidates
and specific-purpose political committees listed in the attached Exhibit A on October 26,
2021 , which provided that City Council would consider the termination of their campaign
treasurer appointments at the City Council meeting of November 9, 2021 , which begins
at 11 :30 a.m. in City Council Chambers at City Hall and complied with all requirements of
Code of Ordinances §2-7; and
WHEREAS, the notice provided to the inactive candidates and specific-purpose
political committees included the option to contact the City Secretary's Office to voluntarily
terminate the campaign treasurer appointments by filing the final report as required by
Texas Election Code or to re-activate the candidacy or specific-purpose political
committee by providing all delinquent filings within seven days after receipt of the notice;
and
WHEREAS, the inactive candidates and specific-purpose committees listed in the
attached Exhibit A have not filed the final report or the delinquent filings with the City
Secretary's Office as of November 5, 2021 .
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this resolution.
Section 2. The Campaign Treasurer appointments for the inactive candidates and
specific-purpose political committees listed in the attached Exhibit A are terminated
effective on the 30th day following the date of the vote of City Council to terminate the
appointments.
Page 1 of 2
PASSED AND APPROVED on the day of , 2021 :
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 2 of 2
EXHIBIT A
No. CAMPAIGN CANDIDATE TREASURER DATE FILED NOTES
1 Adler, Chris Adler, Robert 1/22/2009
2 Alexander, Vicky Jean Alexander, Vicky Jean 2/4/1999
3 Alonzo, Abel Alonzo,Abel 4/9/2003 Deceased
-
4 Alonzo, Richard Alonzo, Linda 1/20/2003
5 Alvarez, Pedro (Pete) Alvarez, Nelda 2/8/2007
6 Andrasik,Jano Andrews,John 7/21/2014
7 Andres,Jorge Alberto/George Jay Balli Balli, Deborah 1/10/2005
8 Baker, Norman Walsh, Linda 7/28/2006
9 Batey, Brandey Clower, Alan 7/12/2018
10 Benavidez, Alicia Smith,Ann 8/20/2012
11 Billish, Sandra Lewis, Susan 5/1/2006
12 Black, Betty Higgins, Kim 1/28/2005 Deceased
13 Boatright, David Boatright, David 8/17/2018
14 Bolden, Emile Bolden, Goybret 1/28/2005
15 Botello, Leo Botello, Rita 1/31/2005
16 Bowling, Steve Bowlin, Scarlett 12/29/2006
17 Broadway,Joe Louis Bowers, Dorothy 2/21/2001
18 Brooks, Arthur Brooks, Arthur 2/5/2007
19 Cagle, Robert Cagle, Karen 1/12/2005
20 Campbell, Aislynn Irps, Christie 7/30/2018
21 Cantu, Eric Rubio, Herbert 7/11/2018
22 Cantu, Rose Valenzuela, Fernando 2/19/2003
23 Chadden,James Chadden,James 8/7/2018
24 Chapman, Raymond Chapman, Raymond 1/31/2005
25 Chavez, Ram Candenas, Rosaval 2/19/2003
26 Chrobocinski,James Johnston,Jimmy 6/2/2008
27 Colmenero,Javier Colmenero, Martha 1/17/2000
28 Cook, Fred Cook, Fred 1/30/2009
29 Cooper, Melody Gore,Joe 11/19/2002
30 Coppola, Evy Martinez, Monica 1/28/2005
31 Coronado, Rene Coronado, Raul 1/23/2009
32 Davis, Thomas Davis,Thomas 1/19/2005
33 Diaz, Richard Diaz, Richard 8/20/2018
34 DiCarlo, Mark Guerrero, Victoria 3/10/2017
35 Dimas, Andrew Buentello, Elena 2/7/2014
36 Duerr,James Hall, Pamela 4/18/2006
37 Dunlap, Sherry Jones, Rebecca 1/31/2005
38 Elizondo, Larry Lundquist, Wayne 9/25/2006
39 Enriquez,Jose Enriquez,Juan 2/21/2001
40 Faran,Joseph Bridges, Susan 1/28/2005
41 Firo,Julian Reyna, Albert 8/8/2018
42 Flinn, Dean Flinn, Dean 2/2/2009
43 Flores, Anna Longoria, Betty Jean 11/8/2000
No. CAMPAIGN CANDIDATE TREASURER DATE FILED NOTES
44 Fowler, Kendra Leadbetter, Tommie 9/25/2002
45 Fratila, Margareta Cantu, Elizabeth 5/23/2014
46 Gain,Jonathan Ramirez, Ericka 1/9/2018
47 Gaona, Roland Bussey, Alice 7/26/2018 Deceased
48 lGarcia, Herbie Berry, Dale 5/7/2002
49 Garcia,Jerry Seaquist, Freddy 1/19/2005
50 Garcia,Jesse Dodge, William 11/10/2000
51 Garcia,John Perales, Nancy 8/20/2018
52 Garcia,Juan Garza,Joann 2/7/2003
53 Garison,Jonathan Guerra, Violeta 1/25/2017
54 Garrett, Gale Estrada, Dana 1/30/2003
55 Garrett, Henry Garrett, Gale 3/10/2005
56 Garza, Rolando Leal, Priscilla 1/31/2005
57 Garza Rudy Lund uist Wayne 6/25/2012
58 Gomez, Rick Valdez,Josie 8/5/2016
59 Gonzales, Arnold Simpson,James 11/21/1996
60 Gonzalez,Jose Gonzalez,Jose 2/8/2001
61 IGordy,Jack Gordy,Jack 7/16/2014
62 Graham, Coretta Ovalle, Raymond 7/18/2006
63 Granado, Art Granado,Art 5/24/2012
64 Hall, Michael Guajardo, Audrey 8/17/2018
65 Harris, Cliff Fantuzo,John 1/31/2005
66 Henneberger, William 3/5/2009
67 Hernandez,James Polston,Troy 3/16/2017
68 Hernandez, Ray Farenthold, Debbie 1/8/2001
69 Holguin, Eric Ferguson, Daniel 2/2/2009
70 Huffman, Marylou Newton, Walter 2/19/2001
71 Hummell, Michael Robinson, Liette 9/23/2008
72 Jones, Robert Torres,Allan 8/6/2014
73 King USA, Sirfrederickvon William, Daphne 2/20/2001
74 Kinnison, Kendra 1/23/2007
75 Kinnison, Rex Kinnison, Kendra 1/19/2009
76 Kopecky, William Rodriguez,Jean 2/1/1999 Deceased
77 Laich-Rock, Curtis Laich-Rock, Curtis 1/20/2003
78 Lerma, Gerald Benavides, Rick 2/18/2003
79 Lewis, Edward Owen, Norma 1/23/2009
80 Loeb, David White, Heather 1/25/2011
81 Longoria, Betty Jean Longoria, Michael 8/11/1998
82 Longoria,John Moorhouse, Maggie 1/16/2001
83 Luby,Jason Newman, Kate E. 2/4/2005 Deceased
84 Lucio, Daniel Klein,James 2/7/2011
85 Luhan, Chad Will,Jacob 2/5/2003
86 Magill, Chad Elizondo, Larry 4/15/2014
87 Marinkovich, Milan Bennett, Ross 1/31/2005
88 Martinez, Roy Martinez, Gloria 1/31/2001
89 McCauley, Michael Fulton,Joe 8/20/2012
No. CAMPAIGN CANDIDATE TREASURER DATE FILED NOTES
90 McCutchon, Michael Ewing, Bill 1/31/2007
91 McGinnis, Lee Maughan, Max 8/15/2014
92 McIntyre, Colleen Rober-Haney, Mary Lou 1/13/2012
93 McQueen, Eldon Dan McQueen, Eldon 8/20/2018
94 IMeckel, Alfred Gehring, Spring 1/8/2001
95 Menard, William West, Kevin 3/11/2011
96 Molinda,Jesus Velasquez, Roy 11/21/2008
97 Moon, Carolyn Moon, Hope 3/10/2011
98 Morales, Steve Dehn, Warren 1/2/2001
99 Noyola,Jesse Harris, Alex 8/20/2012
100 Ortiz,Joe Mohsen, Ben 1/26/2009
101 Pell, Roy Adamson, Craig 1/4/2007
102 Pell, Webster Pell, Liana 8/20/2012
103 Perez, Gloria Perez, Melva 1/19/2005
104 Portis, Maurice Allgood,John 11/20/2008
105 Riley, Woody Barrera, Eric 1/3/2001
106 Riojas, Lillian Macias, Elisa 2/25/2011
107 Saenz, Rene Guerrero-Saenz, Stephanie 11/21/2006
108 Salinas, Hector Jr. Herrera Katheryn 3/14/2011 Deceased
109 Schaffer, Douglas Schaffer, Douglas 1/20/2009
110 Schlegel, Frank Dela Garza, Angelita 8/18/2014
111 Schroeder, Ryan Schroeder, Ryan 8/16/2016
112 Sendejar,John Harris, Alex 8/16/2012
113 Sloan,John Cabral, Alfredo 2/14/2011
114 Soto, Rose Marie Trevino, Esmerelda 3/11/2011
115 Stegemann, Lloyd Johnson, Robin 5/3/2016
116 Thurman, Paul Starks,Johnathan 7/18/2018
117 Tijerina,Joshua Anderson, Austin 1/24/2014
118 Torres, Richard Neumann, Karine Ordonho 7/23/2018
119 Trolinger, Neal Alexander, Angie 1/27/2003
120 Tunchez, Eric Acuna, David 7/23/2018
121 Valls,John Campos, Crystal 5/24/2012
122 Vintinner, Toney Vintinner, Sharon 10/4/2004
123 Wales, Outlaw Josey Wales, Outlaw Josey 8/15/2012
124 Watson, Tommy Robertson, Charles 12/23/2002
125 Watts, Guy Watts, Guy 5/25/2006
126 Williams, Danny Williams, Danny 2/6/2007
EXHIBIT A
PURPOSESPECIFIC POLITICAL COMMITTEE TREASURER DATE FILED
1 Beach Access Coalition Adams, Marie 1/23/2009
2 Bond 2012 Rebuilding Corpus Christi Edwards, Foster 9/24/2012
3 Corpus Christi Barrios Association Ovalle, Raymond 1/13/2006
4 Corpus Christi United Carter, Terry 10/11/2004
5 Corpus Christi Yes Committee Heitkamp, Scott 3/5/2001
6 Foreward Corpus Christi Gonzalo, Sandoval 7/20/2001
7 Friends of Chris Adler Berlanga, Hugo 10/31/2011
8 Islander Growth PAC 1/12/2009
9 It's About Time Corpus Christi Choyke, Gladys 4/13/2006
10 Let Us Vote Corpus Christi Kopecky, William 11/22/2000
11 Nurture Our Waterfront "NOW" Morales, David 9/12/2002
12 Packery No Suter, Henry 3/6/2001
13 Plan Our Waterfront Luby, Mayvic 4/26/2002
14 Save Our Streets Cross, Virginia Gunderson 8/25/2014
15 Tax Freeze Committee Gordy,Jack 10/12/2004
16 Taxpayers for Mayor Council Form of Gordy,Jack 9/20/2002
Government
17 Tell The Truth Woodworth, Brian 3/14/2001
18 VOICE Lynch, Rhonda 9/27/2002
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 11/9/21
1852 Second Reading Ordinance for the City Council Meeting 11/16/21
DATE: September 20, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning multiple properties at or near 2210 Mary Street
CAPTION:
Zoning Case No. 0921-02, Ed Rachal Foundation: (District 1) Ordinance rezoning multiple
properties at or near 2210 Mary Street from the"RS-6" Single-Family 6 District, "RM-3" Multifamily
District, and the "CN-1" Neighborhood Commercial District to the "Cl" Intensive Commercial
District.
SUMMARY:
The purpose of the rezoning request is to allow for the use of parking for a new City facility. The
applicant is proposing that the existing residential lots will be converted into a parking lot with
approximately 286 parking spaces. These parking spaces will benefit the City Call Center,
Department Offices, and the Corpus Christi Police Department (CCPD).
BACKGROUND AND FINDINGS:
The subject properties totals 3.43 acres in size and are currently zoned "RS-6" Single-Family 6
District, "RM-3" Multifamily District, and the"CN-1" Neighborhood Commercial District and consist
of former single-family residential lots. To the north are single-family residences and vacant
properties zoned "RS-6" Single-Family 6 District platted in 1909. To the south are single-family
residences and vacant properties zoned "RM-3" Multifamily 3 District and commercial properties
zoned "Cl" Intensive Commercial District also platted in 1909. To the east are single-family
residences and St. Joseph's Catholic Church zoned "RM-3" Multifamily 3 District platted in 1929.
To the west are single-family residences zoned "RS-6" Single-Family 6 District platted in 1909
Conformity to City Policy
The subject property is located within the boundaries of the Westside Area Development Plan
and is planned for a medium density residential use. The proposed rezoning to the "RM-2"
Multifamily District is generally consistent with the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining properties, and does not have a negative impact upon adjacent
properties. The proposed rezoning warrants an amendment to the Future Land Use Map.
However, the"Cl" Intensive Commercial District opens the possibility of more intense commercial
uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences.
Subsequently staff is recommending a special permit to allow accessory parking lots to the
proposed government facility while retaining resident zoning.
Public Input Process
Number of Notices Mailed
129 within 200-foot notification area
4 outside notification area
As of September 20, 2021:
I n Favor In Opposition
17 inside notification area 3 inside notification area
0 outside notification area 0 outside notification area
Totaling 1.45% of the 200-foot notification area* is in opposition.
*Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
area.
Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition
ALTERNATIVES:
1. Approval of the zoning from the"RS-6" Single-Family 6 District, "RM-3" Multifamily District,
and the "CN-1" Neighborhood Commercial District to the "Cl" Intensive Commercial
District.
2. Denial of the zoning from the "RS-6" Single-Family 6 District, "RM-3" Multifamily District,
and the "CN-1" Neighborhood Commercial District to the "Cl" Intensive Commercial
District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
The Planning Commission recommended Denial of the change of zoning from the "RS-6" Single-
Family 6 District to the"Cl" Intensive Commercial District, in lieu thereof approval of the"RS-6/SP"
Single-Family 6 District with a Special Permit and subject to conditions on September 15, 2021:
1. Uses: The only uses authorized by this Special Permit other than uses permitted in the
base zoning district is an accessory parking use for a government facility.
2. Landscaping: The Properties are exempt from Section 7.3.3 of the Unified Development
Code (UDC).
3. Vehicular Screening: The Properties shall follow the standards set in Section 7.3.11 of
the Unified Development Code (UDC).
4. Buffer Yard: The following buffer yard standards shall apply to the Properties: When
adjacent to the "RM-3" Multifamily District or "CN-1" Neighborhood Commercial District,
the requirement shall be 5-feet of buffer yard with a 7-foot-tall screening fence. When
adjacent to the "RS-6" Single-Family 6 District, the requirement shall be 10-feet of buffer
yard with a 7-foot-tall screening fence.
5. Lighting: All lighting must adhere to the standards set in the Unified Development Code
(UDC).
6. Other Requirements: The conditions listed herein do not preclude compliance with other
applicable UDC and Building and Fire Code Requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within 24 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.
Vote Count:
For: 7
Opposed: 0
Absent: 2
Abstained: 0
Staff recommends denial of the change of zoning from the "RS-6" Single-Family 6 District to the
"Cl" Intensive Commercial District, in lieu thereof approval of the "RS-6/SP" Single-Family 6
District with a Special Permit and subject to conditions.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Special Permit Ordinance
Presentation
Aerial Map
Planning Commission Final Report
Case No. 0921-02, Ed Rachal Foundation: (District 1) Ordinance rezoning multiple
properties at or near 2210 Mary Street from the "RS-6" Single-Family 6 District,
"RM-3" Multifamily District, and the "CN-1" Neighborhood Commercial District to
the "Cl" Intensive 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
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 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 properties described Lots 1-7, 8A, and Lots 10-12, Eckerd Addition, Lots 1-15,
37, and a portion of Lot 38, Jasmin Addition, Lots 2, 3, 38-41, and a portion of Lots 1 and
42, Block 6, Summit Addition, Lots 25-30, Block 10, Patrick-Webb Addition, and Lots 16-
21 , Block 6, Summit Addition as shown in Exhibit "A":
"RS-6" Single-Family 6 District, "RM-3" Multifamily District, and the "CN-1" Neighborhood
Commercial District to the "Cl" Intensive Commercial District
The subject properties are located at or near 2210 Mary Street. 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 2021 , by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021 , by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021 .
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 4
Exhibit A
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Page 4 of 4
Case No. 0921-02, Ed Rachal Foundation: (District 1) Ordinance rezoning multiple
properties at or near 2210 Mary Street from the "RS-6" Single-Family 6 District,
"RM-3" Multifamily District, and the "CN-1" Neighborhood Commercial 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
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 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 properties described Lots 1-7, 8A, and Lots 10-12, Eckerd Addition, Lots 1-15,
37, and a portion of Lot 38, Jasmin Addition, Lots 2, 3, 38-41, and a portion of Lots 1 and
42, Block 6, Summit Addition, Lots 25-30, Block 10, Patrick-Webb Addition, and Lots 16-
21 , Block 6, Summit Addition as shown in Exhibit "A":
"RS-6" Single-Family 6 District, "RM-3" Multifamily District, and the "CN-1" Neighborhood
Commercial District to the "RS-6/SP" Single-Family 6 District with a Special Permit
The subject properties are located at or near 2210 Mary Street. Exhibit A, which is a site
plan and 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 only uses authorized by this Special Permit other than uses permitted
in the base zoning district is an accessory parking use for a government facility.
2. Landscaping: The Properties are exempt from Section 7.3.3 of the Unified
Development Code (UDC).
3. Vehicular Screening: The Properties shall follow the standards set in Section
7.3.11 of the Unified Development Code (UDC).
4. Buffer Yard: The following buffer yard standards shall apply to the Properties:
When adjacent to the "RM-3" Multifamily District or "CN-1" Neighborhood
Commercial District, the requirement shall be 5-feet of buffer yard with a 7-foot-tall
screening fence. When adjacent to the "RS-6" Single-Family 6 District, the
requirement shall be 10-feet of buffer yard with a 7-foot-tall screening fence.
5. Lighting: All lighting must adhere to the standards set in the Unified Development
Code (UDC).
6. Other Requirements: The conditions listed herein do not preclude compliance
with other applicable UDC and Building and Fire Code Requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to
have expired within 24 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 5
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021 , by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021 .
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 3 of 5
Exhibit A
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Page 4 of 5
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SUBJECT PROPERTY WITH ZONING iY
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RM-1 Multifamdyl R light Industrel 0
RM-2 Multifam Wy 2 H Heavy Industrial
RM3 Multifamilo PUD Plan n.d'Unit Dev.Overlay
ON Professional Offne RS-70 Single-Family]D A[3AE
RMATMultif..dy ATR-16 Single-FamiN6
CN-1 N.ighharl—dCommerc'al RS4.5 Sing le-Fam ily 4.5
CN-2 Neightwrheod Commerce) RS-TF T..-F..My $ t1Rr +
CR-1 ResortCommercial RS-15 Single-Family15
CR-2 Resort Commercial RE Residential Estate g
CGI Ge neralCommercial RSTH Townhouse
CG-2 Gen ICammercial Sp Special Permit �Bp
Cl Intensive Commercial RV Recreational Vehide Park
CB Downtown Commere ial RMH ylanufactured Ham. I
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Page 5 of 5
PLANNING COMMISSION FINAL REPORT
Case No. 0921-02
INFOR No. 21ZN1033
Planning Commission Hearin Date: September 15, 2021
= Owner: Ed Rachal Foundation
° Applicant: Urban Engineering
.� Location Address: 2210 Mary Street
y Legal Description: Lots 1-7, 8A, and Lots 10-12, Eckerd Addition, Lots 1-15,
.— 37, and a portion of Lot 38, Jasmin Addition, Lots 2, 3, 38-41, and a portion of
ao
Lots 1 and 42, Block 6, Summit Addition, Lots 25-30, Block 10, Patrick-Webb
m
Addition, and Lots 16-21, Block 6, Summit Addition, located surrounding the
former Lamar Elementary School and fronting upon multiple streets including
Mary Street, South 19th Street, 20th Street, 21 st Street, and Morris Street.
From: "RS-6" Single-Family 6 District, "RM-3" Multifamily District, and the "CN-
1" Neighborhood Commercial District
'o Cr To: "Cl" Intensive Commercial District
N Area: 3.43 acres
Purpose of Request: To allow for the use of parking for a new City facility.
Existing Zoning District Existing Future
Land Use Land Use
"RS-6" Single-Family 6 District Vacant and Commercial and
Site "RM-3" Multifamily District, and Low Density Medium Density
"CN-1" Neighborhood Residential Residential
Commercial District
Vacant and
North "RS-6" Single-Family 6 District Low Density Medium Density
0Residential Residential
0
NLow Density Medium Density
South "RS-6" Single-Family 6 District Residential Residential
}, J
T "RS-6" Single-Family 6 District
w Low Density Vacant and
"RM-3" Multifamily District and Medium Density
East "CN-1" Neighborhood Residential
Commercial District Residential
Vacant and Medium Density
West "RS-6" Single-Family 6 District Low Density Residential
Residential
Area Development Plan: The subject property is located within the boundaries
of the Westside Area Development Plan and is planned for a commercial use.
M o The proposed rezoning to the "Cl" Intensive Commercial District is generally
'� consistent with the adopted Comprehensive Plan (Plan CC) and warrants an
a o amendment to the Future Land Use Map.
a City Council District: 1
Zoning Violations: None
Staff Report
Page 2
o Transportation and Circulation: The subject property have street frontages
along Morris Street, South 19th Street, Mary Street, 20th Street, and 21 st Street.
o South 19th Street is designated as an "C1" Minor Collector Street. Morris Street,
y Mary, Street, 20th Street, and 21St Street are designated as Local/Residential
ca
Streets. According to the Urban Transportation Plan, "Cl" Minor Collector
Streets can convey a capacity of 1,000 to 3,000 Average Daily Trips (ADT).
Street Urban Transportation Proposed Existing Traffic
Plan Type Section Section Volume
Morris Local/Residential 50' ROW 60' ROW N/A
Street 28' paved 40' paved
C; South 19th60' ROW 60' ROW
Street C1 Minor Collector 40' paved 40' paved
N/A
50' ROW 60' ROW
L Mary Street Local/ResidentialN/A
28' paved 40' paved
Cn 20th Street Local/Residential 50' ROW 60' ROWN/A
28' paved 40' paved
21St Street Local/Residential 50' ROW 60' ROW N/A
28' paved I 40' paved
Staff Summary:
Development Plan: The subject property is 3.43 acres in size. The applicant is proposing
that the existing residential lots will be converted into a parking lot with approximately 286
parking spaces. These parking spaces will benefit the City Call Center, Department
Offices, and the Corpus Christi Police Department (CCPD).
Existing Land Uses & Zoning: The various subject properties are currently zoned "RS-
6" Single-Family 6 District, "RM-3" Multifamily District, and the "CN-1" Neighborhood
Commercial District and consist of former single-family residential lots. To the north are
single-family residences and vacant properties zoned "RS-6" Single-Family 6 District
platted in 1909. To the south are single-family residences and vacant properties zoned
"RM-3" Multifamily 3 District and commercial properties zoned "Cl" Intensive Commercial
District also platted in 1909. To the east are single-family residences and St. Joseph's
Catholic Church zoned "RM-3" Multifamily 3 District platted in 1929. To the west are
single-family residences zoned "RS-6" Single-Family 6 District platted in 1909.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The properties are platted.
Utilities:
Water: 10-inch CIP line located along South 19th Street.
Wastewater: 8-inch VCP line located along South 19th Street.
Gas: 2-inch Service Line located along Mary Street.
Storm Water: Road side inlets surrounding the subject property.
Staff Report
Page 3
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Westside Area Development Plan and is planned for medium
density residential uses. The proposed rezoning to the "Cl" Intensive Commercial District
is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an
amendment to the Future Land Use Map. The following policies should be considered:
• Support construction of new public facilities at optimal sites. (Infrastructure,
Facilities, and Public Services Policy Statement 6).
• Promote the stabilization, revitalization, and redevelopment of older
neighborhoods. (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 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).
Department Comments:
• The proposed rezoning is generally consistent with the adopted Comprehensive Plan
(Plan CC), compatible with the adjoining properties, and does not have a negative
impact upon adjacent properties. The proposed rezoning warrants an amendment to
the Future Land Use Map.
• However, the "Cl" Intensive Commercial District opens the possibility of more
intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to
single-family residences. A special permit should be considered.
Planning Commission and Staff Recommendation (September 15, 2021):
Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "Cl"
Intensive Commercial District, in lieu thereof approval of the "RS-6/SP" Single-Family 6
District with a Special Permit and subject to the following conditions:
1. Uses: The only uses authorized by this Special Permit other than uses permitted
in the base zoning district is an accessory parking use for a government facility.
2. Landscaping: The Properties are exempt from Section 7.3.3 of the Unified
Development Code (UDC).
3. Vehicular Screening: The Properties shall follow the standards set in Section
7.3.11 of the Unified Development Code (UDC).
4. Buffer Yard: The following buffer yard standards shall apply to the Properties:
When adjacent to the "RM-3" Multifamily District or "CN-1" Neighborhood
Commercial District, the requirement shall be 5-feet of buffer yard with a 7-foot-
tall screening fence. When adjacent to the "RS-6" Single-Family 6 District, the
requirement shall be 10-feet of buffer yard with a 7-foot-tall screening fence.
5. Lighting: All lighting must adhere to the standards set in the Unified Development
Code (UDC).
Staff Report
Page 4
6. Other Requirements: The conditions listed herein do not preclude compliance
with other applicable UDC and Building and Fire Code Requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to
have expired within 24 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 — 129 within 200-foot notification area.
4 outside notification area
As of September 10, 2021:
In Favor — 17 inside notification area (from applicant)
_ — 0 outside notification area
0
In Opposition — 3 inside notification area
— 0 outside notification area
0
z
Totaling 1 .45% of the land within the 200-foot notification area in opposition.
a *Created by calculating the area of land immediately adjoining the subject
property and extending 200-foot therefrom. The opposition is totaled by the total
area of land that each individual property owner owns converted into a
percentage of the total 200-foot notification area. Notified property owner's land
in square feet / Total square footage of all property in the notification area =
Percentage of public opposition
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Proposed Site Plan
C. Public Comments Received (if any)
Staff Report
Page 5
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Case # 0927-02 - �M¢
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ZONING & NOTICE AREA
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RM-2 Multifamily IH Heayyl,d—trial 8J C Y R7
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CN-7 Nei gh horh ood RS-4.5 SinglnFamily 4.5
CN-2 Neighhurhuud Cwumemial R5-TF T—Family
1-11-1 ResortCom me rcial R545 SinglnFamily 15 AG11&
CR-2 Resort Commercial RE Residential Estate
CG-1 Ge neral Commerc'al R5-TH Townhouse .:orpua urvris'r Bay
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Staff Report
Page 6
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Staff Report
Page 7
Persons with disabilities planning to attend this meeting, who may require spec4al services, are requested to contact
the Development Services Department at least 48 hours In advance at(361) 826-3240 Personas con ipqjgWidjdft
gl,ttf tlenen la intenc+bnqe asispr a alla iNntaue regueren servicios es iales. se les su hca QVe den aviso d
horas antes de Ia Ilnta ilamando al departamento de servlcios de detsarrollo al nbmero(361)826-3244.
If you wash to address the Commission during the meeting and your English rs 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 listed desea dlriairse a la commissa0rl durante la junta y su snQ) es limitado favor de tlarr�r ai
deaartamento de servicios de de sarrollo al numery+ 1182E X40 al mends 48 nQras antes de la junta Dara Icitar
un lnt6rprets ser presente durante la Junta
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0927-02
Ed Rachal Fawndation has petitioned the City of Carpus Christi to consider a change of zoning from the
"RS-6" Single-Family 6 District '`RM-3" Multifamily District, and the "CN-l"Neighborhood
Commercial f}lstricto the "Cl" Intensive Commercial District, resulting in a change to the Future
t „
Land Use Map. The property to be rezoned is described as:
Multiple properties located at or near 2210 Mary Street and described as Lots 1-7, 8A, and Lots 10-
12, Eckerd Addition, Lots 1-15, 37, and a portion of Lot 38, Jasmin Addition, Lots 2, 3, 38-41, and a
portion of Lots 1 and 47, Block 6, SUMMIl't Addition, Lots 25-30, Block 10, Patriuk-Webb Addition,
and Lots 16-21, Block 6,Summit Addition,located surrounding the former Lamar Elementary School
and fronting upon multiple streets including Mary Street, South 191" Street, 201h Street, 2111 Street,
and Morris Street
The Planning Commission may recommend to City Council approval or denial.or approval of an intermediate
zoning classification andfor Special Permit. Approval of a change of zoning, If Inconsistent with the City's
Comprehensive Plan.will also have the effect of amending the Comprehensives Plan to reflect the approved
zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and
form utate a recommendation to the City Council. The public hearing will t)e held on Wednesday,September
15,2021,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 SE ON RI<CORD,THIS FORM MUST t3E FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILLL
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0. BOX 9277, CORPUS CHRISTI.TFKAS 78469•
9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.
NOTE- In accordance with the Planning Commission t3y-Laws, no discussion shalt be held by a member or members of
this Commission with an applicant or appellant concerning an application or appeal,neither at home or office,or in person,
by telephone call or t y letter.
Pnnted Name. t
Address: a C]D rr in i S City/State C
( ) IN FAVOR qo`�JN OPPOSITION Phone S6( �{
REASON
5agnature
SEE rt4AP ON REVERSE S(DE Case No 0921-02
aNFOR Case No 21ZN1033 Proieor Manager Andrew Dimas
Pr Xwly Crooner 10 9 Email AngnkLhQ ccxexo.�,17pr
Staff Report
Page 8
Persons with disabilities planning to attend this meeting, who may require special services, are requested lo
the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades
gue benen to intencidin de asistir a esta iunta v que Le!guieren servicios especiales. se les suplica Clue den avi,,7 41'
hgfas antes Oe to iunta liamando al departarnento de servicios de degarrollo,al nOmero(361)826-31440
If you wish to address the Commission during the meeting and your English is limited, please call the Deve6pi i
Services Department at(361) 826-3240 at least 49 hours in advance to request an interpreter be present duriny
riveting Si usted desea di2girse a la commission durante la iunta v su in4l6s es limitado., dI
departarne to de Servicicis de desarrollo al n 6mero(361)826-3240 at menos 48 horas antes de la_Itr.in para colic lar
un interprets ser presence clurante la junta
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No, (1921-02 1 CUY SFGWWS%KE�
Ed Rachai Foundation has petitioned the City of Corpus Christi to consider4ange*ozonin` rpm the
"RS-6" Single-Family 6 District, "RM-3" Multifamily District, and the "CN-1" Neiohborhood
Commercial District to the "Cl" Intensive Commercial District resulting in a change to the Future
Land Use Map. The property to be rezoned is descrit)ed as
Multiple properties located at or near 2210 Mary Street and described as Lots 1-7,8A,and Lots 10-
12, Eckerd Addition, Lots 1-15, 37, and a portion of Lot 38, Jasmin Addition, Lots 2, 3, 38.41, and a
portion of Lots I and 42, Block 6, Summit Addition, Lots 25-30, Block 10, Patrick-Webb Addition,
and Lots 16-21,Block 6,Summit Addition,located surrounding the former Lamar Elementary School
and fronting upon multiple streets including Mary Street, South 191" Street, 20" Strect, 21111 Street
and Morris Street
The Planning Commission may recommend to City Council approval or denial or approval of an intermediate
zoning classification andlor 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 pijbiic hearngviill be held on Wednesday,September
15,2021,during one of the Planning Commissions 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 K ON RECORD.THIS FORM MUST BE FILLED out.SIGNED BY IFIL CURRENT PROPERTY O'VVNER(S)AND MAIL_C
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P 0 130X 9277 CORPUS CHRISTI TEXAS 7B46Gi-
9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.
NCTL 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 el
Address— City/State: i
-7
IN FAVOR
IN OPPOSITION IV 0 U 1, Phone.
REASON- IT "7
Sognalure
SEE MAP ON REVERSE SjDE Case No 0921-02
INFORCase No 21ZN1033 PTu"loci Manjiger Ara O"17)vnim
Property Owner ID 64 Email -_c,i
Staff Report
Page 9
Persons with disabilities planning to attend this rrleeting, who may require special services. sr• eaue5.e t cnri;�•
the Development Services Department at least 48 hours in advance at(361)826-3244. Pers nas r.ar rcapan�lad�wsm
gue benen la intencrbn de_aslstir a esta iunta y gue MWiggin g9ryigii¢ ial se les su Iica gwe den a i 48
horas antes f I n rtamento de servlalas de d arrvllo al Humero 361 3
If you wish to address the Commission during the meeting and your English is limited, please call the Development
Services Department at(361)B26-3240 at least 48 hours in advance to request an Inteerpfeter be present during the
meting 51 usted desea dingirse a la commission dygilte Ig lump v Su iIII $ es limitado favor de Ilarnar al
d_departarriento de sere cres de desarrollo at num r 1 - 4 I 4$horas antes de la junta para sohoitar
un inle[prete ser presente du�ante la junta.
CITY PLANNING COMMISSION
PUBLIC NEARING NOTICE
Rezoning Case No. 0927-02
Ed Rachal Foungatirin has petitioned the City of Corpus Christi to consider a change of zoning from the
"RS-6" Single-Family 6 District "RM-3" Multifamily District and the "CN-1" Neighborhood
Commercial District to the "Cl" Intensive Commercial District, resulting in a_phancld to the Future
Land Use Map.The property to t>e rezoned is described as.
Multiple properties located at or near 2210 Mary Street and described as Lots 1-7, 8A,and Lots 10-
12, Eckerd Addition, Lots 1-15, 37, and a portion of Lot 38, Jasmin Addition, Lots 2, 3, 38-41,and a
portion of Lots 1 and 42, Block 6, Summit Addition, Lots 25-30, Block 10, Patrick-Webb Addition,
and Lots 16-21, Block 6,Summit Addition,located surrounding the former Lamar Elementary School
and fronting upon multiple streets including Mary Street, South 190 Street, 201"Street, 21%B Street,
and Morris Street
The Planning Commission may recommend to City Council approval of denial..or approval of an intermediate
zoning classification andior 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 heanng for this rezoning request to discuss and
formulate a recommendation to the City Council The public hearing will be held on Wednesday,September
16, 2021,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 01MER(5j AND MAILED
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469
9277 ANY INFORMATION PROVIDED BELOW BFCONIFS PURI YC RECORD
NOTE: In accordance with the Planning Commission By-Daws,no discussion shall be geld by a member or members of
this Commission with an applicant or appellant concerning an appllcation or appeal,either at home or office,or in person,
by telephone call or by letter.
(-') aIG�,t
Printed Name a f" G k'lL,,r 'L Ci p 2-
Address. x;1 3 4 c r-i 5 .S4I Cltyistate cc c pa s C.G l i C i j r
( ) IN FAVOR IN OPPOSITION Phone _36( of - c J
REASON
Pn n
(rCALI �C ) 0¢ 7Icce +0
G d , Signature
SEE MAP ON REVERSE SIDE Case No 0921-02
INFOR Case No. 21ZN1033 Project Manager Andrew D rnas
Procerty Owner 10 80 Email AndrevQ2&cde;eas Wr
Zoning Case #0921 -02
Ed Rachal Foundation
Rezoning for a Property at 2210 Mary Street
From "RS-6", "RM-3", and "CN-1" To "CI"
g OUBJECIr
p City Council
Nov. 9, 2021
Aerial Overview
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Street: 0 feet
�� Sides/Rear: 0 feet
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C@H@man!°lams@ C�0 Lighting Standards
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Land Use
Existing Land Use Future Land Use
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Public Notification
129 Notices mailed inside 200' buffer G 2 12
113
4 Notices mailed outside 200' buffer MARGUE I•T.E ST 22 0 47 46 09
56 0 N
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6
Planning Commission and
Staff Recommendation
Denial of "Cl" District in lieu Approval of the "RS-6/SP" District with a Special Permit
1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base
zoning district is an accessory parking use for a government facility.
2. Landscaping: The Properties are exempt from Section 7.3.3 of the Unified Development Code
(UDC).
3. Vehicular Screening: The Properties shall follow the standards set in Section 7.3.11 of the
Unified Development Code (UDC).
4. Buffer Yard: The following buffer yard standards shall apply to the Properties: When adjacent
to the "RM-3" Multifamily District or"CN-1" Neighborhood Commercial District, the requirement
shall be 5-feet of buffer yard with a 7-foot-tall screening fence. When adjacent to the "RS-6"
Single-Family 6 District, the requirement shall be 10-feet of buffer yard with a 7-foot-tall
screening fence.
5. Lighting: All lighting must adhere to the standards set in the Unified Development Code (UDC).
6. Other Requirements: The conditions listed herein do not preclude compliance with other
applicable UDC and Building and Fire Code Requirements.
7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired
within 24 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.
Utilities
Water:
10-inch CIP
SUBJECTPROPERTY
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AGENDA MEMORANDUM
NggPO0.P '0 First Reading for the City Council Meeting of November 9, 2021
xss2 Second Reading for the City Council Meeting of November 16, 2021
DATE: October 1 , 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond@cctexas.com
(361) 826-3276
WASTEWATER FEE EXEMPTION FOR HALE HORSE RANCH, BLOCK 1, LOT 1
CAPTION:
Ordinance exempting Lot 1, Block 1, Hale Horse Ranch, north of FM 665 and west of CR 763
with the frontage along CR 32, from the payment of the wastewater lot or acreage fee under
Section 8.5.2.G.1 of the Unified Development Code. (OCL)
SUMMARY:
Bass and Welsh Engineering, on behalf of J & N Hill Country Investments, LLC, property owner,
submitted a request for an exemption from the wastewater acreage fee in accordance with
Section 8.5.2.G of the UDC. The applicant is requesting an exemption from the wastewater
acreage fee due to the existing wastewater collection line being located more than 1,000 feet
from the property.
Under the authority granted by the Unified Development Code (UDC), the Planning Commission
granted the wastewater construction and fee waiver on September 29, 2021. A waiver from
wastewater construction constitutes the approval of an on-site facility (OSSF).
BACKGROUND AND FINDINGS:
Bass and Welsh Engineering, on behalf of J & N Hill Country Investments, LLC, property owner,
submitted a request for an exemption from the wastewater acreage fee in accordance with
Section 8.5.2.G of the UDC for their planned residential subdivision named Hale Horse Ranch.
The property totals 1.64 acres, consists of (1) lot, is outside the city limits, and is in the West
Oso Independent School District.
1
The plat was approved by Planning Commission on September 29, 2021 and the property is
outside the city limits located north of FM 665 and west of CR 763 with the frontage along CR
32. The owners requested to plat the property to acquire city water to allow horses to be kept on
the property.
The property owners submitted a request for an exemption from the payment of wastewater
acreage fees in accordance with UDC Section 8.5.2.G.1. The potential wastewater acreage fee
is $2,576.44, based on the rate of$1,571 per acre. The Planning Commission recommended a
waiver to the requirement to connect to sanitary sewer, finding that the subdivision was not
reasonably accessible to a public wastewater facility of sufficient capacity as determined by
adopted City wastewater standards and wastewater master plan. The subdivision property will
provide on-site sewage facilities (septic) in conformance with the Corpus Christi and Nueces
County Health District.
The proposed Hale Horse Ranch, Block 1, Lot 1 subdivision property is not "reasonably
accessible" to a public wastewater infrastructure as defined by the UDC. "Reasonably
accessible" means (i) master plan facilities (including trunk mains and lift stations) currently exist
in the designated service area, and such facilities can be extended to serve the subdivision; and
(ii) collection lines of adequate capacity to service the proposed development are with 1,000
feet of the subdivision and can be extended. Per section UDC 8.5.2.G.1, areas exempt from the
payment of lot or acreage fee shall be determined by the City Council to not likely be served by
City Wastewater services with the next 15 years. Staff does not anticipate availability of service
to this property with the 15-year term with development of the properties along CR 32.
Although, the planned subdivision is in a wastewater master plan designated service area, the
nearest wastewater collection line is approximately 7,152 feet away from the applicant's
property, located near CR 32 and CR 763.
ALTERNATIVES:
Deny and require the owner to pay the applicable wastewater acreage fee in the amount of
$2,576.44 prior to the recording of the plat. If wastewater services are not available within 10
years from the date of the filing of the plat, the property owners may request a refund.
FISCAL IMPACT:
Approval of the wastewater acreage fee exemption would lessen the funds available to
reimburse developers for the construction and extension of sanitary sewer trunk main lines, lift
stations, and force main lines. Wastewater lot or acreage fees along with 75 percent of the
wastewater surcharge fees are deposited in the Sanitary Sewer Trunk System Trunk Fund
(4220-21800-777).
RECOMMENDATION:
On September 29, 2021, the Planning Commission recommended that City Council approve the
exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement.
In order to waive the wastewater acreage fee, City Council must approve the fee waiver. The
Planning Commission has already approved the waiver of wastewater line construction.
Staff recommends approval of this fee waiver request as staff does not anticipate availability of
2
service to this property within the next 15 years.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Location Map
3
Ordinance exempting Lot 1, Block 1, Hale Horse Ranch, located
North of FM 665 and West of CR 763 with the frontage along CR 32,
from payment of wastewater acreage fee under Section 8.5.2.G.1 of
the Unified Development Code and requiring a Sanitary Sewer
Connection Agreement
WHEREAS, the owner/developer has submitted a written request that the
Subdivision be exempt from the payment of wastewater lot or acreage fees;
WHEREAS, Lot 1 , Block 1 , Hale Horse Ranch (Subdivision) located north of FM
665 and west of CR 763 with the frontage along CR 32 is not currently served by the
City wastewater system;
WHEREAS, the Planning Commission recommends that the Subdivision be
exempt from the payment of wastewater lot or acreage fees;
WHEREAS, the City Council finds that the Subdivision is not likely to be served
by the City wastewater system within the next 15 years and that the Subdivision should
be exempt from the payment of wastewater lot or acreage fees at this time.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Pursuant to the request of J & N Hill Country Investments, LLC ("owner"),
Lot 1 , Block 1 , Hale Horse Ranch is exempt from the wastewater lot or acreage fee in
accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus
Christi.
SECTION 2. The exemption from the payment of wastewater lot or acreage fees
pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus
Christi is conditioned upon owner/developer compliance with the following:
a. That the owner/developer of the Subdivision enter into a Sanitary Sewer
Connection Agreement with conditions (copy of Agreement attached hereto and
incorporated herein to this Ordinance for all purposes).
b. That the Sanitary Sewer Connection Agreement be recorded in the Office of
the Nueces County Clerk's Office prior to the recordation of the plat.
https://corpuschristi-my.sharepoint.com/personal/markor cctexas_com/Documents/Desktop/A Transfer folder/Fee Exemptions/Hale
Horse/Ordinance-Hale Horse wastewater exemption 2021.docx
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
https://corpuschristi-my.sharepoint.com/personal/markor cctexas_com/Documents/Desktop/A Transfer folder/Fee Exemptions/Hale
Horse/Ordinance-Hale Horse wastewater exemption 2021.docx
SANITARY SEWER CONNECTION AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277,
hereinafter called "City" and J & N Hill Country Investments, LLC, 218 Woodland Acres
Drive, Marble Falls, Texas 78654 hereinafter called "Developer/Owner".
WHEREAS, Developer/Owner in compliance with the City's Unified Development
Code, has submitted the plat for Hale Horse Ranch, Block 1, Lot 1 , Located north of FM
665 and west of CR 763 with the frontage along CR 32 and, hereinafter called
"Development," (Exhibit 1); and,
WHEREAS, wastewater construction plans and construction are a requirement of
the plat, and
WHEREAS, the Development Services Engineer has determined that sanitary
sewer is not reasonably available or of sufficient capacity; and
WHEREAS, City agrees to allow Developers/Owner to record the plat of the
Development Property without initial construction of wastewater laterals and collection
lines; and
NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows.-
Developer/Owner
ollows:Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows.-
1 .
ollows:1 . to connect to City sewer at such time as a wastewater manhole is located at the
frontage of the property or a wastewater line extends along the frontage of the
property;
2. to pay wastewater acreage fees at the rate in effect at the time of connection if
wastewater services are available within fifteen (15) years from the recording
date of the plat; and
3. to pay tap fees and pro rata fees at the time of connection to City wastewater.
City agrees:
1 . to allow property to use on-site wastewater treatment in compliance with State
and local regulations;
INDEMNIFICATION:
DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS 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 ON THE
FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR
PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT
OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE
OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION,
INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR,
RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED
WITH THE DEVELOPMENT OF PARK SPRINGS IHS, BLOCK 1, LOTS 1 THROUGH
3, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM.
This agreements and covenants set forth herein are covenants running with the land, to
be filed in the Office of the Nueces County Clerk Office, and shall be binding on
Developer/Owner, its successors and assigns, and shall inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns and to third party
beneficiaries from and after the date of execution.
EXECUTED original, this day of G , 2021.
DEVELOPER/OWNERS:
lesHale (Managing Member) Nic e Jean Hale (Managing Member)
J & N ill Country Investments, LLC J & N Hill Country Investments, LLC
STATE OF TEXAS §
COUNTY OF NUECES §
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This instrument was acknowledged before me on this � , day of
2021 , by
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ULTRA V PENA
Notary ID X126029965MyCommission Expires December 6, 2023
04 Notary Public, State of Texas
Sanitary Sewer Connection Agreement
Hale Horse Ranch, Block 1, Lot 1 Page 2 of 4
CITY OF CORPUS CHRISTI.-
Al
HRISTI:AI Raymond, AIA
Director of Development Services
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 2021 , by
Director of Development Services for the City
of Corpus Christi, Texas.
Notary Public's Signature
APPROVED as to form:
Buck Brice
Assistant City Attorney
For City Attorney
Sanitary Sewer Connection Agreement
Hale Horse Ranch, Block 1, Lot 1 Page 3 of 4
EXHIBIT 1
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Hale Horse Ranch, Block 1,.Lot 1 Page 4 of 4
Wastewater Acreage Fee Exemption
Lot 1, Block 1, Hale Horse Ranch(Final Plat)
City Council Presentation
November 9, 2021
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STINWTE-WASTEWATER-MASTERPLAN OPINION OF COST 9/10/2021
WASTEWATER EXTENSION
HALE BOYS RANCH
SANITARY SEWER ITEMS QUANTITY UNIT UNITPRICE AMOUNT
1. 30"PVC WASTEWATER LINE 6037 LF $300.00 $1,811,100.00
2. 36"PVC WASTEWATER LINE 1350 LF $350.00 $472,500.00
3. 5'DIA FIBERGLASS MANHOLES 17 EA $25,000.00 $425,OOo.00
4. 30"DIA BORED AND CASED ROAD CROSSING 105 LF $1,000.00 $105,000.00
5. CONNECTION TO EXISTING LIFTSTATION 1 LS $3,000.00 53.000.00
6. PERMITTING(TXDOT&NUECES COUNTY) 1 LS $5,000.00 $5,000.00
7. DEWATERING 7387 LF $1500 $110,80500
8. TRENCH PROTECTION 7387 LF $10.00 $73,870.00
9. EA $0 00
10. EA $0.00
11. Ls $0.06
12. Ls $0.00
13. LF $0.00
14. EA $0.00
15. LS $0.00
TOTAL SANITARY SEWER ITEMS $3,006,275.00
TOTAL MISCELLANEOUS ITEMS 50.00
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AGENDA MEMORANDUM
NCORPOR 1'0 First Reading Ordinance for November 9, 2021
zss2 Second Reading Ordinance for November 16, 2021
DATE: September 30, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond(a)cctexas.com
(361) 826-3276
Easement Closure for Furniture Row
CAPTION:
Ordinance abandoning and vacating a 15-foot-wide by approximately 69.29-feet long
(1,946 sq. ft.) portion of an existing 15-foot-wide easement out of Lot 6, Block 2,
Joslin Tracts, located at 7602 S. Padre Island Dr., C.C., TX 78412.
SUMMARY:
The purpose of this ordinance is to close, abandon and vacate a 15-foot-wide, by
approximately 69.29 feet in length (1 ,946 sq. ft.) existing utility easement. The applicant
is proposing to acquire a Building permit for an addition to the existing Furniture Row
building on the property, and relocation of public utilities is necessary to accommodate
the addition. Easement relocation on the property will be designated at no cost to the city
and a new easement will be applied for and recorded to accommodate public utilities on
the property.
BACKGROUND AND FINDINGS:
FURNITURE ROW USA, LLC (Owner) is requesting the closure of a 15-foot wide by
approximately 69.29 feet in length (1 ,946 sq. ft.) existing utility easement on property
located west of Ennis Joslin Road and north along South Padre Island Drive (SH 358).
This easement closure request is to relocate an existing fire hydrant and water line to
accommodate an addition to the building at 7602 South Padre Island Drive. The
referenced easement to be closed is a portion of a larger easement that was dedicated
by Easement document 2008039788 on the property for the Furniture Row building.
Besides the public water main and fire hydrant, there are no franchised utilities located in
the portion of the easement to be vacated, and the proposed ordinance is conditional on
the new easement being recorded. The new Easement has been approved for the new
water line and fire hydrant and recorded under document 2021052526. After contacting
all public/franchised utilities, there are no objections to the easement closure and no
zoning variances have been requested.
The applicant requesting the utility easement closure has paid the required $530.00
application fee and the easement closure request has been processed in accordance with
Section 49-13 of the City Code of Ordinances.
ALTERNATIVES:
Deny the applicant's request and have the applicant revert to the original site plan. This
action may impact the design and size of the planned addition to the Furniture Row
building and the efficient use of the site.
FINANCIAL IMPACT:
There are no financial impacts associated with the closing of the easement.
FUNDING DETAIL: N/A
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff supports the applicant's request for the easement closure. The closure of the
easement will support a future addition to a local business to support increasing
merchandise availability and retail sales in the community.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Location Map
Presentation
Ordinance abandoning and vacating a 15-foot wide by approximately 69.29-feet long
(1,946 sq. ft.) portion of an existing 15-foot wide easement out of Lot 6, Block 2,
Joslin Tracts, located at 7602 S. Padre Island Dr., C.C., TX 78412.
WHEREAS, FURNITURE ROW USA, LLC, (Owner) is requesting the closure,
abandonment and vacating of a 15-foot wide by approximately 69.29-feet long (1 ,946 sq. ft.)
portion of an existing 15-foot wide easement out of JOSLIN TRACTS, Block 2, Lot 6, and
WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi
to abandon and vacate the 15-foot utility easement portion, subject compliance by the Owner
with the conditions specified in the ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. Pursuant to Corpus Christi Code Sec. 49.13, an existing a 15-foot wide by
approximately 69.29-feet long (1 ,946 sq. ft.) portion of an existing 15-foot wide easement out
of Lot 6, Block 2, Joslin Tracts, located at 7602 S. Padre Island Dr., C.C., TX 78412, as
recorded in Volume 66, Page 160, of the Map Records of Nueces County, Texas, is
abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's
compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a
metes and bounds description and field notes, "Exhibit B", which is the graphical
representation of the legal description, which are attached to and incorporated in this
ordinance by reference as if it was fully set out herein in their entireties. The maintenance
responsibilities for the vacated easement reverts to the Owner of the property.
SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of
this ordinance is expressly conditioned upon the Owner's compliance with the following
requirements:
a. Upon approval by the City Council and issuance of the ordinance, all grants of
public easement closures must be recorded at the Owner's expense in the
real property Official Deed and Map Records of Nueces County, Texas, in
which the affected property is located, with a copy of the recording provided
to the City.
b. Failure to comply with all the conditions outlined in this Ordinance within 180
days will hereby make the Ordinance null and void.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMFDA, zIP 78404
NIxoN M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAx 361 882-1265
www.bass-welsh.com e-mail: murrayjr((aol.com
e-mail: nixmwlC(��Zmail.com
BASS & WELSH ENGINEERING
TX Registration No. F-52
Survey Registration No. 100027-00
P.O. Box 6397
Corpus Christi, TX 78466-6397
July 6, 2021
Field Note Description
Utility Easement Closure
Being a tract situated in Corpus Christi, Nueces County, Texas, over and across a portion of Lot 6, Block 2,
Joslin Tracts, as shown on the map thereof recorded in Volume 66 at Page 160 of the Map Records of
Nueces County, Texas and being more particularly described by metes and bounds as follows:
COMMENCING in the north boundary of the heretofore described utility easement, whence the northeast
corner of said Lot 6, Block 2, Joslin Tracts bears N 32°51'41" E at 157.00 feet for the point of BEGINNING
and northeast corner of this tract;
THENCE S 27022'44"W across the existing easement a distance of 15.00 feet to a point for the southeast
corner of this tract;
THENCE N 62°37'16" W along the south boundary of the existing easement a distance of 69.29 feet to a
corner of the existing easement and the southwest corner of this tract;
THENCE N 27022'44" E along the westmost margin of the existing easement a distance of 15.00 feet to a
corner of the existing easement and the northeast corner of this tract;
THENCE S 62°37'16" E a distance of 69.29 feet to the POINT OF BEGINNING forming a tract embracing
1,039 square feet (0.024 acres).
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21025-Field Note Desc-UEClosure.doc
EXHIBIT "K
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VICINITY MAP
CITY OF CORPUS CHRISTI , TX GRANTOR
FURNITURE ROW USA LLC-GRANTEE
Prepared by.-
Bass & Welsh Engineering Job No: 21025
3054 So. Alameda St. Scale: 1"=1000'
Corpus Christi, Tx. 78404 Date: 7/6/21
(361) 882-5521 (phone) Drawing No: 21025-15UE
(361) 882-1265 (fax) Plotscole: 1=1
Firm Registration No. F-52 Sheet 1 of 2
LOT 6, BLK 2, JOSLIN TRACTS I I 1
VOL 66 PG 160
M.R.N.C.T.
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City Council Presentation
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rycoApoRAE� AGENDA MEMORANDUM
zs� First Reading for the City Council Meeting of 11/9/2021
Second Reading for the City Council Meeting of 11/16/2021
DATE: October 13, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, CBO, Director Development Services
alraymond(a)cctexas.com
361-826-3575
Amendment to Code of Ordinances for Outside City Limits Water Contracts
CAPTION:
Ordinance amending Corpus Christi Code Section 55-113 to authorize the City Manager to execute Outside
City Limits Water Service Contracts for subdivisions with two lots or less.
SUMMARY:
The purpose of this ordinance is to amend language in Section 55-113 to allow the City Manager to
execute water service contracts for one or two lot developments outside the City Limits.
BACKGROUND AND FINDINGS:
Currently City Council must approve all contracts for water service to subdivisions outside the City
Limits. At a recent City Council meeting discussion ensued regarding the need for contracts for
single lot subdivisions to go before City Council. This requirement seemed onerous, and contracts
for single lots could be processed administratively. Of the 18 contracts approved by City Council
2010 - present, six were for single lot properties, two properties have two lots, and ten were for
larger single-family developments with multiple lots.
Currently the city manager is authorized to execute a water contract if there is already a service
connection at the property, or for temporary water service for a period of not more than 1 year or
for consumption of less than ten-acre feet of water.
The proposed amendment to Section 55-113 allows the city manager to execute water service
contracts when the contract is for one or two lot subdivisions. This amendment will streamline the
approval process.
ALTERNATIVES:
Deny or amend the ordinance.
FINANCIAL IMPACT: None.
Fundina Detail:
Fund: N/A
Organ ization/Activity:
Mission Element:
Project #(CIP Only):
Account:
RECOMMENDATION:
Staff recommends approval.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Template—OCL Water Contract for Two Lots or Less
Presentation
Ordinance amending Corpus Christi Code Section 55-113 to authorize the
City Manager to execute Outside City Limits Water Service Contracts for
subdivisions with two lots or less.
Whereas, Corpus Christi Code Sec 55-110 requires every lot, parcel or tract of
land outside of the city limits for which application for water service is made to the city
must be platted;
Whereas, Chapter 55, Article VIII, Water Service Outside the City Limits aids in
the prevention of colonias outside the city limits; and
Whereas, the provision of water to subdivision of two or fewer platted lots pose
little risk of creating colonias outside the city limits.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The Corpus Christi Code. Chapter 55, Section 55-113 City council
approval is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted) as delineated below:
Sec. 55-113. City council approval.
(a) Each contract for water service outside the city limits which includes a new
water connection must receive approval by the city council before the contract for
such service can become effective. A council-approved water contract for a
subdivision phase will serve as the governing water contract for all lots wholly
within the platted subdivision and will convey with the real property. The
conditions of section 55-111 apply to all individual properties.
(b) The city manager or his designated representative is hereby authorized to
execute water service contracts meeting all of the requirements contained in this
article when the contract is for a subdivision of two lots or less, no additional
service connection is involved or the contract is for temporary water service for a
period of not more than one (1) year or for consumption of less than ten-acre feet
of water during the entire contract term.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance. For it is the definite
1
C\Users\legista r\AppData\Local\Temp\BCLTechnolog ies\easyPDF 8\@BCL@9C13A8E7\@BCL@9C13A8E7.docx
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. This ordinance takes effect upon passage.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
2
C\Users\legista r\AppData\Local\Temp\BCLTechnolog ies\easyPDF 8\@BCL@9C13A8E7\@BCL@9C13A8E7.docx
MUNICIPAL CODE AMENDMENT
Amendment to Section 55-113 to
authorize the City Manager to execute
Outside City Limits Water Service
Contracts for subdivisions with two
lots or less
City Council Presentation
November 9, 2021
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Sec. 55-113. City council approval.
(a) Each contract for water service outside the city limits which includes anew water
connection must receive approval by the city council before the contract for such service can
become effective. A council-approved water contract for a subdivision phase will serve as the
governing water contract for all lots wholly within the platted subdivision and will convey with the
real property. The conditions of section 55-111 apply to all individual properties.
(b) The city manager or his designated representative is hereby authorized to execute water
service contracts meeting all of the requirements contained in this article when the contract is
for a subdivision of two lots or less, no additional service connection is involved or the contract
is for temporary water service for a period of not more than one (1) year or for consumption of
less than ten-acre feet of water during the entire contract term.
STAFF RECOMMENDATION
Approval
STANDARD FORM CONTRACT FOR PROVIDING WATER TO OWNERS OF SUBDIVISIONS
WITH TWO LOTS OR LESS WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY
BEYOND CITY LIMITS
THIS CONTRACT AND AGREEMENT made and entered into an original by and between,
(Owner), whose address , NAME OF LIENHOLDER (Lienholder)
whose address is and the City of Corpus Christi, Texas ("City"), a home rule city, a
municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard
Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable
consideration in hand received by the parties respectively and upon the covenants and conditions
hereafter stated:
I. TERM
The term of this Agreement ("Term") is for a one-year period that commences upon execution by
the City and shall continue from year to year thereafter subject to termination.
II. TERMINATION
This contract can be terminated by the City Manager or designee with 90 days' notice prior to the
automatic renewal.
III. NOTICE
a. Any notice or other communication required or permitted to be given under this
Agreement must be given to the other party in writing at the following:
1) If to the Customer:
Customer
Customer Street Address
City, State, Zip Code
Phone: Phone
Email
2) If to City:
CITY OF CORPUS CHRISTI
Attn: Director of Development Services
P. O. Box 9277
Corpus Christi, TX 78469-9277
Phone: (361) 826-3240
b. Notice must be made by United States Postal Service, First Class mail, certified,
return receipt requested, postage prepaid; by a commercial delivery service that
provides proof of delivery, delivery prepaid; by email; or by personal delivery.
c. Either party may change the address for notices by giving notice of the change
under the provisions of this section.
IV. OWNERSHIP OF PROPERTY TO RECEIVE WATER
Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following
Page 1 of 4
described property located in Nueces County, Texas, which is situated partly or wholly beyond
the corporate limits of the City of Corpus Christi, and further, the property is not principally used
for port-related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of
Corpus Christi, and is generally delineated on the map attached to this contract and marked
"Exhibit A" and being more particularly described as follows, to-wit:
Lot Block Name of Subdivision, also commonly known by its
street address as Corpus Christi, TX 784
V. PROVISION OF WATER
City agrees to deliver City water to such property or to waterlines on the property, under rules and
regulations promulgated and authorized by Sections 55-111 as amended, of the Code of
Ordinances, City of Corpus Christi.
VI. NEW CONSTRUCTION
Owner and Lien Holder agree to construct all improvements on such property under all City codes
and regulations and to obtain all City technical construction permits as though the property were
inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly
authorized inspectors or representatives of City departments charged with enforcement of the
codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable
codes and regulations are those codes and regulations that are in effect at the time of
commencement of the improvements.
VII. RULES FOR DELIVERY OF WATER
All connections to the City water system are subject to the same rules and regulations regarding
standards of delivery of water service, including installation and disconnections for failure to pay
charges, as consumers within the City limits. Customer must pay the applicable water service
rates and application fee in Corpus Christi Code of Ordinance.
VIII. DEPOSIT
Customers must post a deposit to cover the costs that the city will incur for a replacement meter.
IX. Execution
This Agreement is executed in one original document. This Agreement becomes effective and is
binding upon and inures to the benefit of the City and Developer and their successors and assigns
from and after the date the Agreement has been executed by all signatories.
Remainder of page intentionally left blank; signature page to follow.
Page 2 of 4
EXECUTED IN ONE ORIGINAL
OWNER: OWNER'S NAME
NAME, TITLE
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the day of
20_, by NAME,.
Notary Public, State of Texas
LIENHOLDER: LIENHOLDER'S NAME
NAME, TITLE
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the day of
20_, by NAME, TITLE, LIENHOLDER INFORMATION
Notary Public, State of Texas
Page 3 of 4
City of Corpus Christi:
ATTEST:
By: By:
Rebecca Huerta Al Raymond III, AIA, CBO
City Secretary Director of Development Services
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this day of
20_7 by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this day of ,
20_, by Al Raymond III, AIA, CBO, Director of Development Services Department, of the City
of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
APPROVED AS TO FORM:
Buck Brice
Assistant City Attorney
for the City Attorney
Page 4 of 4
so
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µoRPORP�g4 Public Hearing & First Reading Ordinance for the City Council Meeting 11/09/21
1852 Second Reading Ordinance for the City Council Meeting 11/16/21
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
kevi n n(a)-cctexas.com
(361) 826-1874
Update to City Code Chapter 55 Industrial Backflow
CAPTION:
Ordinance amending Chapter 55 of the Corpus Christi Code to require Industrial facilities to have
either a reduced pressure backflow device or air gap at each City meter servicing potable water;
a double-check assembly for fire service lines; a certified industrial district backflow affidavit upon
relocation of City water meter and/or installing, repairing, or replacing a reduced pressure
backflow preventer or an air gap; annual backflow preventer testing; and authorize the City to
inspect, install, repair, and/or replace backflow preventers and place the cost of said work on
industrial facility customer utility bill; and providing for penalty.
SUMMARY:
This ordinance establishes a new Section 55-96 and updates Section 55-37 in the Corpus Christi
Code for Industrial backflow requirements. The ordinance provides backflow prevention assembly
requirements, annual testing and report submittal requirements, and potential penalties for
Industrial facilities located inside City Limits and in Industrial Districts.
BACKGROUND AND FINDINGS:
General
The City has a long-standing backflow prevention assembly requirement in the Municipal Code
that has specific requirements for Industrial customers. Numerous Industrial customers requested
clarification regarding the existing ordinance and requirements. This change to the language
clarifies requirements on installation, testing, and notification requirements for Industrial facilities
located inside City Limits and in Industrial Districts.
Industrial District customers abide by their own section of the Municipal Code related to repairs,
installations, and permitting backflow protection. They do not need to pull permits when it comes
to plumbing or building codes. Therefore, the City will not be made aware if a cross-connection is
constructed into a City water line. This change will affect all Industrial District customers that are
not required to pull City permits.
Many Industrial customers have internal cross-connection programs, and many are compliant by
installing a reduced pressure backflow preventer assembly directly after the meter. However,
some customers still have pressure vacuum breakers that do not provide adequate protection
against high-health hazards. Industrial customers will be required to have a reduced pressure
backflow preventer assembly or an air gap at the City meter to protect the City's public water
system.
Code Amendments
The updated language of the City of Corpus Christi Municipal Code Chapter 55 includes:
• Defining the water connection as potable, which is important because all potable water
connections will need to have a reduced pressure backflow preventer assembly, double-
check assembly, or an air gap at the City meter to protect the City's public drinking water
system
• Requiring a reduced pressure backflow assembly, which provides the most protection
against high-health hazards
• Adding double-check assembly requirements for dedicated fire lines
• Adding installation location and the Texas Commission on Environmental Quality (TCEQ)
requirements, with the location of the assembly at the City meter being critical to protect
the City's public water system from a backflow contamination event that could occur past
the City meter by a cross-connection
• Clarifying language added for the assembly testing and report filing timeframe
• Adding Industrial district affidavit requirements for backflow testing that will certify the
backflow preventer assemblies or air gap are still in place after the City's meter to protect
the City's public water system
ALTERNATIVES:
The City Council could deny the language change.
FISCAL IMPACT:
There will be no financial impact to the City of Corpus Christi.
Funding Detail:
None
RECOMMENDATION:
Staff recommends approval of the revised language in Municipal Code Chapter 55, sections 37
and 96, Industrial Backflow.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance amending Chapter 55 of the Corpus Christi Code to require industrial
facilities to have either a reduced pressure backflow device or air gap at each City
meter servicing potable water, a double check assembly for fire service lines, a
certified industrial backflow affidavit upon relocation of City water meter and/or
installing, repairing, or replacing a reduced pressure backflow preventer or an air gap,
annual backflow preventer testing, and authorize the City to inspect, install, repair,
and/or replace backflow preventers and place the cost of said work on industrial
facility customer utility bill; and providing for penalty.
WHEREAS, pursuant to the 2015 Industrial District Agreements, companies in the
Industrial District are required to comply with regulations relating to the delivery of utility services
and industrial waste disposal through City-owned facilities;
WHEREAS, no direct connection between the public drinking water supply and a potential
source of contamination is permitted;
WHEREAS, potential sources of contamination shall be isolated from the public water
system by an air-gap or an appropriate backflow prevention device;
WHEREAS, public water utility regulations are a public health regulation and Texas Local
Government Code §54.001 provides a fine or penalty for the violation of a rule, ordinance, or police
regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping
of refuse, may not exceed $2,000;
WHEREAS, a violation of public water utility regulations constitutes a nuisance and Texas
Local Government Code §217.042 authorizes a home-rule city to define and prohibit any nuisance
within the limits of the municipality and within 5,000 feet outside the limits and to enforce all
ordinances necessary to prevent and summarily abate and remove said nuisance; and
WHEREAS,the Water Utilities Department has proposed Chapter 55 to protect public safety
regarding our drinking water supply.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Corpus Christi Code of Ordinances, Chapter 55 "UTILITIES," Article VI
"Waterworks," Section 55-96 "Industrial Backflow," is added as delineated below:
Sec. 55-96. — Industrial Backflow.
a. All potable water connections between an industrial facility or industrial processing unit and
the City's water system must be equipped with a reduced pressure backflow preventer
(assembly) or air gap, which will prevent backflow and back-siphonage. A reduced pressure
backflow preventer (assembly) or air gap must be installed directly after each City meter
servicing potable water and meet Texas Commission on Environmental Quality and
Municipal code requirements.
b. Fire service lines must have a double-check assembly directly after the City meter or tap.
c. All backflow preventers (assemblies), excluding air gaps, must be inspected and certified to
Page 1
be operating within specifications on an annual basis by a State-licensed backflow prevention
assembly tester. In addition, the Backflow Prevention Assembly Tester must file a copy of
the test report with the City's third-party database within ten (10) days of the testing.
d. Upon installing, repairing, or replacing a reduced pressure backflow preventer (assembly) or
an air gap on a property with an industrial facility or industrial processing unit, an Industrial
Backflow Affidavit must be immediately submitted by a Texas Licensed Professional
Engineer to the Utilities Department for each City water meter on the property. In addition,
upon relocating a water meter, an Industrial Backflow Affidavit must be immediately
submitted by a Texas Licensed Professional Engineer to the Utilities Department. The
Industrial Backflow Affidavit must confirm there is no cross-connection between the City
meter(s) and reduced pressure backflow preventer(s) (assembly) or air gap(s) and will be on
a form designated by the City. The Industrial Backflow Affidavit also identifies the location of
each reduced pressure backflow preventer(s) (assembly) or air gap(s).
e. The City has the right to inspect any connections to the City's water system, including any
valves and backflow prevention devices.
f. If the owner or operator of an industrial facility or industrial processing unit fails to comply
with this Section, the City may refuse to connect the industrial facility or industrial processing
unit or disconnect the property, facility, or unit from the City's water supply system. In
addition, the City may authorize the backflow prevention device to be tested, repaired, and/or
replaced with all associated charges to be charged to the customer's utility bill per section
55-37.
g. A violation of this Section is a nuisance punishable by a fine of up to $2,000. Each day any
violation of this Section continues constitutes a separate offense.
SECTION 2. Corpus Christi Code of Ordinances, Chapter 55 "UTILITIES," Article II "RULES AND
REGULATIONS OF THE UTILITIES BUSINESS OFFICE," Section 55-37 "Procedures for
installation, testing, repair, and replacement of backflow prevention devices and associated billing."
is amended by adding the following language that is underlined (added) and deleting the language
that is stricken 4e as delineated below:
Sec. 55-37. - Procedures for installation, testing, repair, and replacement of
backflow prevention devices and associated billing.
(a) The city plumbing code, city building code, city residential code, and state laws and
regulations establish requirements for installation and testing of backflow prevention devices
for protection of the municipal water supply. The utility customer is responsible to install and
maintain the required backflow prevention device in accordance with said code and
regulations and as further provided in this Section. For purposes of this Section, the city
plumbing code, the city building code, and the city residential code refer to said codes as
adopted by city Ordinance 030847, as amended from time to time.
(b) Backflow prevention devices must be tested as required by Corpus Christi Code by a state-
licensed backflow prevention assembly tester to be certified to be operating in accordance
with applicable standards, with the test results to be provided to the city manager or designee.
Page 2
(c) The city may inspect, install, repair and/or replace the backflow prevention device required by
this Section, adopted codes, state or federal laws or regulations to protect the city's water
supply from potential contamination. The city may also contract with an entity to perform any
of the aforementioned activities.
(d) If a test result is delinquent or shows a failing backflow prevention device, the city is
authorized to repair and/or replace or contract for the repair and/or replacement of the
backflow prevention device and may also authorize the disconnection of water service to the
property. If the city performs the installation, testing, repair and/or replacement, then the
charge for the installation, testing, repair and/or replacement of the backflow prevention
device will be charged to the utility customer receiving utility service at the property.
(e) A utility customer may authorize the city to inspect, install, repair, and/or replace a backflow
prevention device, regardless of delinquency or failure thereof. A utility customer may further
be presumed by the city to have issued said authorization after the city issues the utility
customer a notice of said customer's rights and gives the utility customer thirty (30) days to
object to such presumed authorization.
(f) The provisions of this Section shall apply to the provision of water provided to customers,
other than wholesale customers, inside and outside the city limits unless otherwise
contradicted in a written contract to supply water to said outside city limits customer.
(g) Per Section 55-96 of this chapter, if the owner or operator of an industrial facility or industrial
processing unit fails to comply with this Section, the City may refuse to connect the industrial
facility or industrial processing unit or disconnect the property, facility, or unit from the City's
water supply system. In addition, the City may authorize the backflow prevention device to be
tested, repaired, and/or replaced with all associated charges to be charged to the customer's
utility bill.
(Ord. No. 031067, § 4, 2-14-2017)
SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance,
constitutes an offense punishable as provided in Section 1-6 and 1-6.1 of the Corpus Christi Code
of Ordinances.
SECTION 4. It is hereby declared to be the intention of the City that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause,
sentence, paragraph, or Section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of
the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the
City would not have acted the same without the incorporation into this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph, or Section.
SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
SECTION 6. This ordinance takes effect upon publication.
Page 3
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 4
so
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P
v AGENDA MEMORANDUM
WoRPORPg4 First Reading Ordinance for the City Council Meeting November 9, 2021
1852 Second Reading Ordinance for the City Council Meeting November 16, 2021
DATE: November 9, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4(a)cctexas.com
(361) 289-0171
Ordinance authorizing the City Manager to execute a lease agreement with
Emerald City Cargo, LLC to occupy first floor terminal space at the Corpus Christi
International Airport
CAPTION:
Ordinance authorizing execution of a one-year lease with Emerald City Cargo, LLC, for
cargo storage and office space at the Corpus Christi International Airport in exchange for
an annual payment of $18,903.00, with such lease having up to five one-year renewals.
SUMMARY:
The lease agreement is for terminal space located on the first floor of the cargo area
located at 1000 International Drive. The terminal space consists of 703 square feet of
storage, 489 square feet of office space, and 1 ,200 square feet in the common area. Their
total lease equates to 1 ,192 sq ft at $18,903 per year.
BACKGROUND AND FINDINGS:
Emerald City Cargo, LLC currently occupies space out of a hangar on the east side of
the airfield. Since the majority of their business is with Southwest Airlines, they prefer to
relocate to the terminal for easier access. The space Emerald City is moving into is in
the west end of the Terminal Building. This area was being used for storage of airport
equipment and materials in lieu of a tenant. Once the Airport began developing the
space and looking for tenants, it was cleared of the equipment and given minor finishing
renovations like fresh paint, LED lights, new doors, etc. Emerald City's lease includes
489 sq ft of office space at $1 .87/sq ft per month, and 703 sq ft of cargo storage space
at $0.94/sq ft per month. The former space will be included in the FBO RFP to meet
minimum standards for acreage.
ALTERNATIVES:
Emerald City Cargo, LLC could remain at their existing site.
FISCAL IMPACT:
Revenue will moderately increase with the removal of the previous management
agreement fee and updated rate structure.
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000 —Airport Administration
Mission Element: 888
Project # (CIP Only): N/A
Account: 320230
RECOMMENDATION:
City staff recommend approval of this action item.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Agreement with Exhibits
Ordinance authorizing execution of a one-year lease with Emerald City
Cargo, LLC, for cargo storage and office space at the Corpus Christi
International Airport in exchange for an annual payment of$18,903.00, with
such lease having up to five one-year renewals.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute a one-year lease with Emerald
City Cargo, LLC, for cargo storage and office space in the cargo building adjacent to the terminal at the
Corpus Christi International Airport in exchange for an annual rent payment of $18,903.00, with such
lease having up to five one-year renewals which may be mutually exercised by the parties. A copy of
the lease is incorporated by reference into this ordinance as if set out here in its entirety.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision
of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent
jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph,
subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose.
The foregoing ordinance was read for the first time and passed to its second reading on this the
day of 2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
The foregoing ordinance was read for the second time and passed finally on this the day of
2021, by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED this the day of ' 2021 .
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
LEASE AGREEMENT
WITH
EMERALD CITY CARGO
This lease agreement(the"Lease") is made by and between the City of Corpus Christi ("City"),
acting by and through its City Manager or his designee ("City Manager"), and Emerald City Cargo,
LLC ("Lessee"), a Kansas limited liability company (collectively, the "Parties").
WHEREAS, the City owns the Corpus Christi International Airport ("Airport"), and the Airport
is managed by the Director of Aviation ("Director") on behalf of the City;
WHEREAS, the parties desire to enter into this Lease for land and improvements for the
purpose of facilitating Lessee's aeronautical services, to include use of office and cargo storage space
in a cargo dock area adjacent to the Airport terminal; and,
NOW,THEREFORE, in consideration of the terms, conditions, and mutual covenants made by
the parties as stated in this Lease, the Parties agree as follows:
SECTION 1. Premises. City leases to the Lessee the real property and existing improvements as
depicted in the attached Exhibits A and B (collectively, the "Premises"), such exhibits being
incorporated into this Lease by reference as if fully stated in their entireties. The Premises is physically
located at 1000 International Drive, Corpus Christi, Nueces County, Texas, and is located inside a
building attached and adjacent to the Airport terminal building. The Premises, entrances to which are
not accessible through the terminal, is generally described as follows: approximately 1,192 square
feet of combined office and storage space inside a cargo dock area of the Airport terminal; has
controlled access entry via a security card reader device; and shares common walkway and/or hallway
ingress and egress space with other tenants/users. The Premises is designated and known, for the
sole purpose of locating, identifying, and referencing the leased area granted by this Lease, as the
"Emerald City Cargo Area." Any separate reference to being "on," "in," "at," or"upon"the Premises is
inclusive of all of the foregoing as such may pertain, in context, to the Emerald City Cargo Area and
the shared controlled access doors, common walkways, and hallways.
SECTION 2. Term. The term of this Lease is 12 months ("Term") and commences September 1,
2021 ("Effective Date"), subject to execution of this instrument by the City Manager. The term may be
renewed by mutual consent of the Parties for up to five additional 12-month periods (individually, a
"Renewal Term") on the same terms and conditions; provided, however, that rent during each
Renewal Term shall be in the amount determined pursuant to Section 3. Each Renewal Term must
be exercised in writing by representatives of the Parties not less than 60 days prior to the annual
anniversary date of the Effective Date and state the applicable rent amount due for the then-applicable
Renewal Term.
SECTION 3. Rent; Payments; Rent Adjustments.
A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, the
rent is the amount shown in Exhibit B, with the initial monthly payment being due on the third business
day following the Effective Date of this Lease and subsequent monthly rent payments of 1/12th the
annual amount due on or before the first day of each month following the expiration of the initial month
of the Lease.
B. Payment of rent, and of any other fee or charge assessed or due pursuant to this Agreement, shall
be made by Lessee without notice or demand from City on or before the date due in legal tender of the
United States of America at the City's administrative office at the Airport, or at such other place as the
City's Director of Finance & Business Analysis may at any time designate in writing. A late fee of$100
is applicable to the payment of rent when the same is not timely received by the City. Any amount
payable to the City which is not, or has not been, paid by Lessee when due shall bear interest at the
rate of 10% per annum, and accrued interest shall be remitted by Lessee at the same time such overdue
amounts are paid plus any applicable late fees as may be specified in this Agreement. Payments due
from Lessee will be received by the City only on standard business days Monday through Friday and
during standard business hours 8 a.m. to 5 p.m. Payments will not be considered late if the date due
falls on a weekend or City holiday, provided, payment is received on the next business day. Payment
by Lessee and acceptance by the City of an overdue payment, a late fee, accrued interest, or any of
the foregoing, shall not be construed as a waiver or forfeiture of any other rights and remedies of City
contained elsewhere in this Agreement or as provided by law. For the purposes of this Agreement, the
date payments are received by the City shall be the U.S. Postal Service cancellation date on the
envelope transmitting the payment, or the date such payment is received in the administrative office of
the Airport by a City employee if the payment is hand delivered. The Director is authorized to act as
the City's agent to receive all rents and monthly/annual reports, if any, due from Lessee pursuant to this
Lease.
C. Notwithstanding the rent amount stated in Exhibit B, Lessee agrees the rent amount is subject to
adjustment under subsections C, D, and E of this section, as may be applicable. Rental rates for all
Airport properties are adjusted on a five-year cycle and based on a fair market appraisal conducted by
or on behalf of the City. The next appraisal is scheduled to be completed on or about November 23,
2023. The City reserves the right to adjust the rental rate in accordance with appraised conditions,
adopted policy, provisions of this Lease, or Federal Aviation Administration ("FAA") requirements.
D. For purposes of determining the fair market value by appraisal, the values determined by the
appraiser and included in the appraisal report are final. Adjusted rental rates are effective beginning
on the 61st day following written notice to Lessee of the completion of a final appraisal report. Lessee
shall have the right to terminate this Lease within 30 days of the date of written notice of a rental rate
increase should the increase be more than 20% of the then-current rental rate, according to the rates
shown in the final appraisal report.
E. Each Renewal Term is subject to a 3% increase notwithstanding the rental rate that may be
established by the appraisal report.
SECTION 4. Acceptance of Premises Disclaimer.
LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH
ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS,
ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER
HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT
NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH
PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS
BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE
PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY
FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES AND
IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL
COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER
MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE
PREMISES.
Page 2 of 15
SECTION 5. Use of Premises.
A Lessee shall have the right to use and occupy the Premises solely for the operation of Lessee's
aeronautical services and shall use the Premises for no other purpose without the express written
consent of the Director.
B. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit
anything to be done in, on, or at the Premises in a manner that would, in any way, void or make
voidable any insurance then in force with respect to the Premises or operations at the same or that
would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease.
C. Lessee may not make any unlawful use of the Premises nor permit any unlawful use thereof and
will not commit, nor permit anyone else to commit, any act which is a nuisance or annoyance to the
Airport, other Airport tenants, adjacent property owners or tenants, or which might, in the Director's
sole judgment, appreciably damage the City's operations at the Airport, the City's or Airport's goodwill
or reputation, or tend to injure or depreciate the value of the Premises and/or any improve-ments
located on, in, or at the same.
D. Lessee acknowledges that the City reserves the right to temporarily use the Premises, at no cost
to the City, as a pre-or post-emergency evacuation, storage, or operations facility if deemed necessary
under emergency management conditions due to a natural or man-made disaster or occurrence.
E The City is not required to make any expenditure nor incur any obligation or liability of any kind
whatsoever in connection with the Lessee's leasehold financing or any construction, maintenance, or
repair of the Premises.
F. If the Premises is partially damaged due to an act of God, fire, or other casualty to the extent that
Lessee cannot use that portion of the Premises for its intended purpose, then, at Lessee's option, this
Lease may be suspended or terminated until the damage is repaired. If the Lease is suspended,
Lessee and City will mutually agree on a time period for Lessee to repair the damage to the Premises.
If the Lease is terminated, the rent will be abated from the date of the casualty, provided, however,
that Lessee must use its insurance proceeds to repair or replace the damaged Premises to its condition
at the time of execution of this Lease. Any remaining insurance proceeds after all repair costs have
been expended and the Premises restored will be paid to Lessee. The City Manager is the sole judge
of the extent of damage to any City facilities, including the Premises.
SECTION 6. Parking. Non-exclusive use of parking spaces for passenger motor vehicles of Lessee's
employees, suppliers, and invitees is available in a very limited number adjacent to the Premises.
Lessee acknowledges that use of the parking spaces shall fully comply with all City laws and Airport
rules and regulations governing parking and vehicle usage at the Airport, and Lessee shall require
Lessee's employees, suppliers, invitees, customers, and guests to so comply as well. The Director of
Aviation reserves the right to cancel the use of the parking spaces or to redirect the parking of
passenger vehicles and the use of parking spaces at any time as may be deemed necessary, either
temporarily or permanently, for the safe and efficient operation of the Airport.
SECTION 7. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole
cost; provided, however, that the Lessee has obtained the Director's prior written consent as to the
size, type, design, number, and location of the sign(s)or other company/corporate identification, which
consent shall not be unreasonably withheld or delayed.
SECTION 8. Right to Amend. If the FAA or its successor agency requires modifications or
amendments to this Lease as a condition precedent to the granting of funds to the City for Airport
improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be
reasonably required, provided, however, Lessee will not be required to pay any increased rent, change
Page 3 of 15
the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and
the City have fully executed an amendment to this Lease that is mutually satisfactory to both Parties
regarding any terms or conditions of this Lease affected by the actions of the FAA.
SECTION 9. Subordination to U.S./FAA Requirements. This Lease is subordinate to the provisions
of any existing or future agreement between the City, acting through the Airport, and the United States
of America relating to the operation or maintenance of the Airport, where the execution of said
agreement(s) is required as a condition to the expenditure of federal funds for the development of the
Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under
Section 8 above, is to remove any or all of the Premises from the control of the Airport or to substantially
destroy the value of the Premises, then, this Lease shall terminate immediately without any further
obligation on the part of the City to Lessee nor any recourse by Lessee against the City. Lessee fully
understands, acknowledges, and accepts the subordination requirement associated with this Lease
and the Premises.
SECTION 10. Development of Improvements.
A. Lessee shall not construct any structural or other improvements ("Improvements") on the
Premises without the prior written approval of the Director and the City's Director of Engineering
Services. Where required by law, approval of the City is subject to the concurrence of the FAA. Any
Improvements must substantially conform to the plans, specifications, and requirements approved by
the City and FAA, if applicable.
B. ANY APPROVALS BY THE CITY UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO,
APPROVALS OF DESIGNS, PLANS AND SPECIFICATIONS; AND INSPECTION OF WORK,
DESIGN, OR CONSTRUCTION, ARE NOT TO BE CONSTRUED AS A REPRESENTATION,
WARRANTY, OR STATEMENT AS TO THE QUALITY, SOUNDNESS, FITNESS FOR A
PARTICULAR PURPOSE, OR SAFETY OF THE DESIGN AND CONSTRUCTION METHOD OF
ANY IMPROVEMENT(S) INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS,
OR FACILITIES RELATED TO THE SAME.
C. When required by the City, Lessee shall furnish the City with two sets of complete plans and
specifications for Improvements proposed to be placed or constructed on the Premises and complete
as-built plans following completion of construction. No work may be performed by Lessee, its
contractors, or subcontractors without the prior written approval of such plans by the City, acting
through its Director and its Director of Engineering Services.
D. Upon termination of this Lease, Lessee agrees that ownership of any Improvements constructed
by Lessee on the Premises during this Lease automatically reverts to the City free and clear of all
liens, claims, and other encumbrances or adverse interests in the Premises or the Improvements
located thereon.
SECTION 11. Lessee's Repair and Maintenance Obligations.
A. Premises. Lessee, at its own expense, shall maintain the Premises and Improvements in good
appearance and in a safe condition. Lessee shall maintain all pre-existing improvements and leasehold
Improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, walls,
partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment
therein). Lessee shall provide janitorial service and maintenance to keep the interior and exterior of
the Premises and Improvements in a clean, attractive, and sanitary condition at all times. Any
landscaping must be well-maintained and kept in a neat and tidy condition by the Lessee. Lessee
shall repair any and all damage caused to real and personal property of the City occurring at the
Premises as a result of the willful or negligent acts or omissions of Lessee, its officers, employees,
agents, invitees, or guests.
Page 4 of 15
B. Quality of Maintenance. It is the intent of the City and Lessee that the Premises, existing
improvements, and leasehold Improvements be repaired and maintained in a manner that shall keep
the Improvements intact, in good repair, and in a condition so that the Improvements will be usable at
the end of the Lease. Lessee must comply with the maintenance obligations, as stated in this
Agreement and any applicable governmental laws, rules, or regulations. The Director is the sole judge
of the quality of Lessee's maintenance, which must be reasonable and consistent with other Airport
properties. The Director may at any time, during City's normal business hours, upon prior notice unless
an emergency exists, enter upon the Premises to determine if the maintenance requirements of this
Lease are being complied with by Lessee. The Director must notify Lessee in writing of any default
observed regarding maintenance or repair. If the required maintenance or repair described in the
Director's notice to Lessee is not commenced within 10 days following the date of such written notice,
or is not diligently prosecuted to completion, the Director may, but is not obligated to, enter upon the
Premises and perform the subject maintenance or repair. Lessee agrees to reimburse the Airport for
its incurred cost in performing such maintenance or repair plus a 15% administrative fee within 30 days
after the Director's written demand, together with copies of all paid receipts for such repairs and/or
maintenance. Lessee will develop, within 30 days of execution of this Lease, a preventative
maintenance plan regarding the existing improvements and provide a copy to the Director.
C. Correct Hazards. Lessee must immediately correct or cause to be corrected any hazardous or
potentially hazardous condition on the Premises upon knowledge thereof or following receipt of notice
from the Director,whichever occurs first in time. At the Director's reasonable discretion, the operations
of Lessee in the Premises, or affected portion(s) of the Premises, may be restrained or stopped until
the hazardous or potentially hazardous condition is removed or remedied.
SECTION 12. Security. Lessee, its officers, employees, agents, contractors, invitees, and guests
must comply with all applicable federal, State, and local security and/or safety regulations, as the same
may be amended. To the extent allowed by law, Lessee covenants to indemnify and
hold harmless the City, its officers, officials, employees, and agents from any
and all charges, fines, or penalties that may be assessed or levied by the FAA or
Transportation Security Administration by reason of the negligent or intentional
failure of Lessee or any of its officers, employees, agents, contractors, invitees,
or guests to comply with security and/or safety regulations, regardless of
whether the fine, charge, or penalty is assessed or levied against the City or the
Lessee.
SECTION 13. CFR Part 77 Requirements. Lessee covenants to comply with the notification and
review requirements set out in Part 77 of the FAA Regulations pursuant to 14 CFR Part 77, as
amended, if Lessee plans to construct or modify any structure, antenna, or building located on the
Premises or to be constructed on the Premises as an Improvement.
SECTION 14. Control of Structures. Lessee shall not erect nor permit the erection of any structure,
antenna, building, or object, nor permit the growth of any tree on the Premises, which has its highest
point above a mean sea level elevation established by FAA and the City as a height limitation on said
structure, antenna, building, or object. Lessee acknowledges and agrees that the City may enter the
Premises and remove the encroaching structure, antenna, building, or object without notice and at
Lessee's expense plus an additional administrative charge of 15%.
SECTION 15. Aerial Approaches.The Director may take any action necessary to protect the Airport's
aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting
to be erected any building, structure, or object on or adjacent to the Airport which, in the Director's
opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft.
Page 5 of 15
SECTION 16. Hazardous Substances and Materials.
A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or
more of the following:
1) Asbestos;
2) Any substance, material, or waste defined as a "hazardous waste" pursuant to Section 1004
of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et. seq.);
3) Any substance, material, or waste defined as a "hazardous substance" pursuant to Section
101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.
Section 9601, et. seq.);
4) Any substance, material, or waste defined as a "regulated substance" pursuant to
Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); and
5) Any substance, material, or waste which is reasonably considered by the City to pose an
actual or potential threat to persons or property on or around the Premises.
B. Lessee shall comply with all environmental laws, rules, regulations, orders, and permits applicable
to the use of the Premises and Improvements including, but not limited to, required National Pollutant
Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation,
treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous
substances governed by and transported in full compliance with the transportation laws of the State of
Texas or federal government, Lessee must not knowingly use, store, generate, treat, transport, or
dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without
the Director's prior written approval and without first obtaining all required permits and approvals from
all authorities having jurisdiction over the operations conducted on the Premises. No fuel storage tanks
shall be located or permitted on the Premises.
C. If Lessee determines that a threat to the environment including, but not limited to, a release,
discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is
occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or
other property upon the Premises or the Airport, Lessee must immediately notify by oral report in
person or by telephone, to be promptly confirmed in writing, the Director as required by law or
regulation. Lessee must cooperate fully with the Director in promptly responding to, reporting, and
remedying a threat to the environment including, without limitation, a release or threat of release of a
hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or
atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or
local agency having authority over environmental matters.
D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each
hazardous material or substance on the Premises or transported, in accordance with federal and state
transportation laws, which file must be posted and immediately available to any Airport employee who
responds to a report of a discharge of a hazardous substance or material at, in, or upon the Premises.
Lessee will require any operator of any activities or facilities on the Premises to use best efforts to
determine which hazardous substance or material was accidentally discharged and ensure that the
MSDS sheet is available for the first responders to the Premises.
E. Lessee will cause prompt remediation and the payment of all costs associated with any action or
inaction of Lessee that directly or indirectly prevents the City, acting through the Airport,from materially
conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to
the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier
Page 6 of 15
termination of this Lease.
F. Lessee shall furnish to the Director, within five days of receipt by Lessee, copies of any and all
notices or correspondence directed to Lessee or any other party at the Premises from any
governmental entity, other entity, or person indicating a violation or possible violation of any laws,
rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous
materials or substances (as such term is defined in this Lease).
SECTION 17. Nondiscrimination/Affirmative Action.
A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their
personal representatives, successors in interest, and assigns, as a part of the consideration hereof
covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin,
handicap, or political belief or affiliation will be excluded from participation in, denied the benefits
of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any
improvements on, over, or under the Premises and the furnishing of services thereon, no person on
the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation
will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination;
(3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with
all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in
Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said
Title and Regulations may be amended, and with other applicable state or federal laws or regulations,
as amended.
B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the
U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor
(Lessee) agrees that it will not discriminate against any business owner because of the owner's race,
color, national origin, or sex in connection with the award or performance of any concession
agreement, management contract, or subcontract, purchase or lease agreement, or other agreement
covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above
statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it
enters and causes those businesses to similarly include the statements in further agreements.
C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction
to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to
deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies
directed by the Court's decision, which may include the City's right to reenter the Premises, retake
possession thereof, and terminate the Lease. This provision is not effective until the procedures of
Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to
appeal.
D. Affirmative Action. The Lessee will undertake any affirmative action program if required by 14
CFR Part 152, Subpart E, to ensure that the Lessee will not exclude any person from participating in
any employment activity covered by 14 CFR Part 152, Subpart E, on the grounds of race, creed, color,
national origin, sex, age, or disability. The Lessee will not exclude any person on these grounds from
participation in or the receipt of the service or benefit of any program or activity covered by the subpart.
The Lessee further understands that it will require its covered sub organizations, if any, to provide
assurances to the City that they will also undertake any required affirmative action programs, if
required, and require assurances from their sub-organizations, if required pursuant to 14 CFR Part
152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of
the Americans with Disabilities (ADA), as it may be amended, with respect to the Premises and its
improvements.
Page 7 of 15
SECTION 18. Compliance with Laws.
A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any
sublessee to promptly observe, comply with and execute, the provisions of any and all present and
future governmental laws, ordinances, rules, regulations, requirements, orders and directions
applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not
remedied within any permitted cure period, may be cause for City's exercising its rights under the
Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules,
regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction
shall not be deemed a breach of this Lease.
B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable
federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the
Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S.
Congress passes that apply to the uses and operations at the Premises.
C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas.
D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations
promulgated by the Director.
SECTION 19. Fiscal Year Appropriation. By execution of this Lease, Lessee acknowledges and
understands that the continuation of any contract after the close of any fiscal year of the City, which
fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations
by the City Council for such contract item as an expenditure in the next fiscal budget. The City does
not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal
budget will be adopted, as that determination is within the sole discretion of the City Council at the
time of adoption of each fiscal budget.
SECTION 20. City's Obligations.
A. City agrees to operate the Corpus Christi International Airport as a public airport during the term
of this Lease, subject to the assurances given by the City to the United States Government.
B. In exchange for Lessee's promise to maintain the Premises, the City agrees to make standard
electrical services available to the Premises on the same basis as may be made available to other
tenant businesses operating within the terminal building and cargo facility at the Airport. Lessee
agrees that Lessee must procure and pay for any and all other services and utility usage, such as gas,
water, wastewater, cable, Internet, and telephone charges, that may be secured by Lessee and
supplied to the Premises during this Lease as the charges become due and payable. IN NO EVENT
WILL THE CITY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY
SERVICES AND/OR UTILITIES TO THE PREMISES, INCLUDING THOSE, IF ANY, WHICH THE
CITY HAS AGREED TO FURNISH.
C. The City shall provide reasonable notice if ingress and egress to the Premises will be interrupted
due to maintenance at the Airport. If the City causes Lessee's ingress or egress to be interrupted at
the Premises for more than 24 hours, the Director may consider a reasonable rent reduction request
made by Lessee for each full 24-hours of non-use by Lessee due to the interruption.
SECTION 21. Insurance. Lessee must provide insurance in the amounts and types of coverages
required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out
in the attached Exhibit C, the content of which is incorporated into this Lease as if set out here in its
entirety. Lessee must deliver, or cause to be delivered, certificate(s) of insurance to the Director and
Risk Manager by the Effective Date of this Lease and on a continuing basis not less than 30 days prior
Page 8 of 15
to the annual anniversary date of the Effective Date of this Lease. The Risk Manager may annually
assess the level and types of insurance required by the Lessee. The Risk Manager may increase or
decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the
annual anniversary date of the Effective Date of the Lease.
SECTION 22. Indemnification.
A. LESSEE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY
OF CORPUS CHRISTI AND ITS OFFICERS, OFFICIALS, EMPLOYEES,
REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES") FROM
AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS,
JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION,
AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT
LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION
(INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE
ATTORNEYS' FEES, AND EXPERT WITNESS FEES, ON ACCOUNT OF
PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH
CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF
DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN
CONNECTION WITH THIS LEASE OR THE PERFORMANCE OF THIS LEASE,
REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE
CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE
NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER
PERSON OR PARTY. LESSEE 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 INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS
AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT
OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF
ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE
UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION
OF THIS LEASE.
B. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the
Director and Risk Manager written notice of any accident or other matter covered under this section
involving, directly or indirectly, the Premises and forward to the Director and Risk Manager copies of
every notice, demand, claim, summons, or other process communication received by Lessee within
10 days of Lessee's receipt of the same.
SECTION 23. Assignment and Sublease.
A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage,
pledge, or hypothecate its leasehold interest, or grant any concession or license within the Premises
without the express prior written consent of the City, such consent being within the sole discretion of
the City, and any attempt to do any of the foregoing shall be void and of no effect. In the event of any
such unapproved assignment or sublease, attempted assignment or sublease, or should Lessee, in
any other nature of transaction, allow or attempt to allow anyone to occupy the Premises or any portion
thereof, City shall upon such occurrence have the right and option to terminate and cancel this Lease
Page 9 of 15
effective upon 10 days' written notice to Lessee given by City at any time thereafter, and City may
terminate and cancel either as to the entire Premises or as to only the portion thereof which Lessee
without approval assigned, subleased, attempted to assign or sublease, or otherwise allowed some
other party's occupancy. Additionally, Lessee shall be liable for payment of the fair market value of
rents for the portion of the Premises used without consent of the City, such fair market value to be
determined by resort to and review of the Airport's then-current property appraisal report. In the event
the City elects to terminate this Lease as to the aforesaid portion of the Premises, then, the rent as to
the remainder of the Premises may thereafter be reduced as appropriate and as determined by the
City. This prohibition against assigning, subletting, attempting to assign or sublet, and allowing or
attempting to allow occupancy by another without the City's advance written consent is to be construed
to include a prohibition against any assignment, subletting, or occupancy by operation of law.
B. In any case where the City consents to a sublease of the Premises, Lessee shall remain liable for
the performance of all terms, conditions, covenants, duties, and obligations of this Lease including,
without limitation, the obligation to pay any and all sums required by this Lease to be paid and the
faithful adherence and performance of all indemnity provisions provided in this Lease.
SECTION 24. Termination.
A. Termination by Lessee. Without limiting any other rights and remedies to which Lessee may be
entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be
terminated by Lessee at any time upon the occurrence of one or more of the following events:
1) The City's permanent abandonment of the Airport;
2) The lawful assumption by the U. S. Government, or any authorized agency thereof, of the
operation, control, or use of the Airport, or of any substantial part or parts thereof, which
substantially restricts the Lessee from operating at the Premises for a minimum of 180 calendar
days;
3) The issuance by any court of competent jurisdiction of an injunction that prevents or restrains
the use of the Airport or the Premises that continues for at least 180 days; or
4) The default by the City in the performance of any covenant or obligation to be performed by
the City and such failure to remedy the default continues for a period in excess of 60 days after
receipt from Lessee of written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to which City may be entitled
at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated
by the City if Lessee:
1) Is in arrears in paying the rent, fees, or other charges due under the Lease for 10 days or
more;
2) Becomes insolvent; takes the benefit of any present or future insolvency statute; makes a
general assignment for the benefit of creditors;files a voluntary petition in bankruptcy or a petition
or answer seeking a reorganization or the readjustment of its indebtedness under the federal
bankruptcy laws or under any other law or statute of the United States or of any state thereof; or
consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its
property;
3) Has a petition filed under any part of the federal bankruptcy laws, or an action sought under
any present or future insolvency law or statute, against Lessee and which petition is not dismissed
within 30 days after the filing date;
Page 10 of 15
4) Assigns or subleases the Premises (or any portion thereof), or attempts to affect such an
assignment or sublease of the Premises, or violates any other provision in Section 23;
5) Abandons the Premises ["abandon" shall mean failing to use the Premises for aeronautical
activities and services as defined in current FAA Order 5190.66 FAA Airport Compliance Manual]
for a period in excess of 60 days; or
6) Defaults in the performance of any other material covenant or obligation of this Lease and
continues the default in excess of 60 days, or such other time as may be specifically provided in
this Lease, following receipt of written notice from the Director of the default and notice to cure. If
the default cannot reasonably be cured within a 60-day period, or within such other time as may
be set out in the notice of default, Lessee shall not be deemed in default if Lessee commences
the remedy process within the applicable period and thereafter diligently prosecutes the same to
completion within a reasonable time period as agreed to by the Director; otherwise, Lessee will
be determined to be in default.
C. City's Right to Entry upon Termination. In the event of termination of this Lease, the Director
may enter the Premises to remove any and all persons and personal property from the Premises and
place such property in temporary storage for the account of and at the expense of Lessee. Excluding
personal property provided at the Premises by the City, if any, which forms part of the granted
use under this Lease, all personal property on the Premises is hereby subject to a contractual
landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this
Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien;
and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given, or
which may be given, to City but is in addition thereto. In the case of termination by either party, if
Lessee fails to remove all of its furniture, fixtures, equipment, or other removable personal property
from the Premises following the termination date of this Lease, the Director may, at his/her option,take
title to said personal property, remove the same, and sell the property found on the Premises at a
public or private sale with proceeds of the sale applied first to the cost of the sale, then, to the cost of
storage of the property, if any, and, then, to the indebtedness of Lessee, with the surplus, if any, to be
mailed to Lessee at the address designated in the notice section of this Lease. To the extent
allowed by law, Lessee further agrees to hold harmless and indemnify City, its
officers, officials, employees, and agents from and against any loss, damage, or
claim arising out of the City's action in collecting monies owed to it under this
paragraph, excluding any loss, damage, or claim caused by the gross
negligence or willful misconduct of City.
D. Notice of Termination. If an event a material default occurs and after due written notice
identifying the default the defaulting party has failed to cure or to commence to cure, the complaining
party may at any time after the expiration of any such cure period terminate this Lease by providing
written notice of termination to the defaulting party. The Lease will be terminated on the date specified
in the notice but not sooner than 10 days following the postmarked date of the notice.
E. Improvements Revert to City. Except for the right of Lessee to remove personal property at the
earlier termination or expiration of this Lease, ownership of all Improvements placed or constructed on
the Premises by Lessee revert to the City upon the termination or expiration of this Lease.
SECTION 25. Re-delivery of Premises. Upon the earlier termination or expiration of this Lease,
Lessee shall deliver the Premises to the City peaceably, quietly, and in as good condition as the same
now are, or may hereafter be, improved by Lessee or the City, normal use and wear excepted.
Page 11 of 15
SECTION 26. Holdover. Any holding over by Lessee of the Premises after the expiration of this
Lease will be on a month-to-month tenancy at sufferance not to exceed six months with rent due at
125% of the then-current monthly rent applicable to the Premises. Any holding over by Lessee beyond
the expiration of the term of this Agreement may be terminated by either party upon 30 days' prior
written notice to the other party.
SECTION 27. Notices.
A. With the exception of immediate notices to the City required under Section 16 (hazardous
materials/substances provision) and Section 22 (indemnification provision) of this Lease, all notices
required to be sent under this Lease are deemed sufficient if(i) in writing and (ii) sent by certified mail,
return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or
delivered in person, and (iii) as properly addressed below:
If to City: Attn: Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, TX 78406
If to Lessee: Attn: President
Emerald City Cargo, LLC
1935 S. Air Cargo Rd., Suite 500
Wichita, KS 67209
B. Notice is deemed received on the day hand-delivered if delivered in person, or on the second day
following placement with an overnight delivery service, or on the third day following deposit with the
U.S. Postal Service if sent by certified mail.
C. Either party may change the address to which notice must be directed under this section by
informing the other party in the same manner set out in subsection A above. Notice of a change of
address must be received within 10 days of the effective date of the change.
SECTION 28. Disclosure of Interest; Conflicts of Interest.
A. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do
business with the City to complete and provide a "Disclosure of Interest" form of the type attached to
this Lease as Exhibit D. The content of the completed Exhibit D by Lessee is incorporated into this
Lease by reference as if fully set out in this section. Lessee is obligated to provide an updated
Disclosure of Interest should any information submitted in Exhibit D and incorporated into this Lease
by reference change during the pendency of this Lease for approval by the City Council and prior to
the City's execution of the same.
B. Additionally, Lessee agrees, in compliance with Texas statutory requirements, to electronically
complete and file Form 1295 "Certificate of Interested Parties" on the Texas Ethics Commission's
website and to provide the certified, executed, and notarized form to the City as a condition of this
Lease.
SECTION 29. General Provisions.
A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under
the soil beneath the Premises in which the City holds an interest and further reserves the right to
conduct or to provide for testing and removal of any such City-owned water, gas, oil, or minerals from
the Premises.
Page 12 of 15
B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee to declare a forfeiture of this
Lease for any breach or default whatsoever at any time does not waive the City's or Lessee's right
thereafter to declare a forfeiture of the same or of any other or succeeding breach or default.
C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is
prevented from performing any of its obligations by reason of force majeure. "Force Majeure," for the
purposes of this Lease, means any prevention, delay, or stoppage of the party obligated to perform
due to a cause beyond their reasonable control including strikes, lockouts, fire or other casualty, acts
of God such as severe inclement weather and sustained periods of rain or snow, epidemics,
pandemics, common carrier, civil commotion, public enemy or terrorist acts, riots, interference by civil
or military authorities, and other cause. All of the foregoing events excuse and extend the performance
by either party until the exigency giving rise to a claim of Force Majeure has been removed, provided
however, that written notice by the obligated party of any event of Force Majeure is provided to the
other party within three business days of the event's occurrence or else this right as a defense to delay
or failure to perform under this Lease is waived. In the event of a delay in either party's performance
of its obligations hereunder for more than 60 days due to Force Majeure, either party may, at any time
thereafter, terminate this Lease.
D. Rules and Regulations. The Airport, acting through the Director, has adopted minimum
operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"),
which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of
which has been furnished to the Lessee and are incorporated in this Lease by reference as if fully set
out here in their entireties. Lessee agrees to comply fully at all times with the content of these governing
documents. The Airport shall have the right to amend, modify, and alter the Minimum Standards and
Rules and Regulations from time to time in a reasonable manner and may introduce other regulations
as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of
property of the City, Lessee, and all other tenants and customers of the Airport; provided, however,
that the Director shall give Lessee reasonable advance notice of any such amendments, modifications,
or alternations of the Minimum Standards and Rules and Regulations before the same are made
effective.
E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the
Lease was entered into and will be performed.
F. No Third-Party Benefit. No provision of this Lease creates a third-party claim against the City
or the Lessee beyond that which may legally exist in the absence of any such provision.
G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges,
fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes, and other related taxes in accordance with the Internal Revenue Service's
Circular E "Employer's Tax Guide," Publication 15, as it may be amended; as well as all taxes upon
Lessee's operations and personal property; and give all notices and respond to all communications
that are necessary and incident to the due and lawful conduct of business at and occupancy of the
Premises by Lessee. Lessee must provide proof of payment of any federal, state, or local tax within
10 days following the City Manager's written request for the same.
H. Trash and Refuse. Lessee must dispose of all trash and other refuse resulting from operations
on the Premises; must provide and use suitable, sealed fireproof receptacles for all trash and other
refuse generated; must prohibit the piling of boxes, barrels, or other similar items in or within view from
a public area; and may make use of the dumpster located directly outside the Premises for the disposal
of all such trash and other refuse at no cost to Lessee as part of the Lease of the Premises.
Page 13 of 15
I. Publication. Lessee shall pay all newspaper publication costs, if any, associated with this Lease
as required by the City's City Charter.
ATTACHED AND INCORPORATED BY REFERENCE:
Exhibit A-Aerial Depiction of Premises (one page)
Exhibit B - Layout of the Premises and Lease Rate (one page)
Exhibit C - Insurance Requirements (three pages)
Exhibit D - Disclosure of Interests, completed form (three pages)
(EXECUTION PAGE FOLLOWS)
Page 14 of 15
EXECUTED IN DUPLICATE ORIGINALS by the parties on the dates shown below:
CITY OF CORPUS CHRISTI ATTEST:
Neiman Young,Assistant City Manager Date Rebecca Huerta, City Secretary
EMERALD CITY CARGO, LLC
C��
Signature Date
An%w-4 l'eebri nt
Printed Name
P(es,Aenk
Title
State of §
County of �= �Ck' §
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This instrument was acknowledged before me on-Atgttstnth,2021, by \ 0,CEDG
(title of officer)of Emerald City Cargo, LLC,a Kansas limited liability company,on behalf
of the company.
otary Public's Signature
NOTARY PUBLIC
STATE OF KANSAS
JACOB NULL
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Page 15 of 15
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EXHIBIT C
INSURANCE REQUIREMENTS (Form 4-B)
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required has been obtained and
such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to
commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Lessee 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
Commercial General Liability Including: $1,000,000 Per Occurrence
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) $500,000 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
PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for
(if applicable) insuring all owned, leased or rented personal property.
C. In the event of accidents of any kind related to this agreement,Lessee 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, Lessee 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 Lessee will be promptly met.
B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract,and any extension
hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than
A- VII.
C. Lessee 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. Lessee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance,all insurance policies are to contain
or be endorsed to contain the following required provisions:
• 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal,
material change or termination in coverage and not less than 10 calendar days advance written notice for
nonpayment of premium.
E. Within 5 calendar days of cancellation,non-renewal,material change or termination of coverage, Lessee
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Lessee's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of
this contract.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be
held responsible for payments of damages to persons or property resulting from Lessee's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit C (Form 4-13)
Contracts for General Services—Services Performed Onsite
As of 05/10/2021 Risk Management—Legal Dept.
EXHIBIT D
C` u
Corpus CITY OF CORPUS CHRISTI
s
Christi
DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME:
STREET ADDRESS: P.O. BOX:
CITY: STATE: ZIP:
FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
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)
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
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
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
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: Title:
Signature of Date:
Certifying Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
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, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
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.
mus cr
ow° Yy ; r as
AGENDA MEMORANDUM
First Reading for the City Council Meeting of November 9, 2021
NOflPORAS E
1852 Second Reading for the City Council Meeting of November 16, 2021
DATE: October 19, 2021
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Procurement
Heatherh3(a)cctexas.com
361-826-3227
Whataburger Field Capital Improvement Project
CAPTION:
Ordinance approving Addendum No. 1 to Lease Agreement with Corpus Christi Baseball
Club, L.P., providing for Type A funding in an amount not to exceed $701 ,800.00 on a
reimbursement basis to make certain capital improvements to the Whataburger Field
property in accordance with Major League Baseball Requirements.
SUMMARY:
The purpose of this item is to approve an addendum to the Lease Agreement for
Whataburger Field which provides for $701 ,800.00 in Type A funding for improvements to
the stadium property that will help to bring the building into compliance with Major League
Baseball (MLB) Standards.
BACKGROUND AND FINDINGS:
Since the 2021 season, MLB has operated as the new governing body overseeing minor
league baseball (also known as the Player Development League, or PDL). The previous
governing body, the National Association of Baseball, did not have facility standards in
place. With the shift in management, the MLB has created standards for minor league
baseball facilities.
All 120 license holders (to include the Corpus Christi Hooks) are subject to the enhanced
standards to create a more consistent workplace environment across all of the minor league
teams. This standardization of facility assets also will attract longer term commitments from
MLB teams, reduce the potential for a minor league team to move markets, and stabilize the
professional baseball's footprint for long term community impact.
To measure facility compliance, the MLB has created a tiered grading scale that requires
facilities to achieve specific scores over a 3-year term.
• 2023 — 30 points or less
• 2024 — 20 points or less
• 2025 & beyond — 10 points or less
Recent renovations supported by Type A funding has helped Whataburger Field meet some
of the base measurements of this new grading scale. However, more investment is needed
to bring the Corpus Christi Hooks into compliance.
The total amount requested for these improvements to Whataburger Field is for an amount
not to exceed $1 ,076,000.00. At this time, funding totaling $701 ,800.00 was allocated on
August 30, 2021 , for Whataburger Field improvement and the scope of work will be to
upgrade the field lighting requirement, construct a new Women's Personnel Clubhouse, and
renovate the Visitor's Clubhouse.
Once the Type A FY21 Small Business Project contracts close out, staff anticipates another
$200,000 -$250,000 to be available to allocate to the project and further close the remaining
gap of funding. A request for additional funding will be brought to the Corpus Christi
Business and Job Development Corporation (Type A Board) for consideration after the final
contract payments in January 2022.
The Type A Board made a motion to approve the project in an amount not to exceed
$701 ,800.00 for improvements to Whataburger Field on October 18, 2021 . This item
amends the lease between the City of Corpus Christi and the Corpus Christi Baseball Club
to provide funding for certain capital improvements at Whataburger Field.
ALTERNATIVES:
If the funding for these improvements is not supported, the PDL License holder shall be
subject to potential discipline from the MLB Commissioner. Punishments can include a fine
not to exceed $100,000.00 in the first year and fines more than $100,000.00 for subsequent
non-compliance. The ultimate penalty for continued non-compliance is potential loss of
franchise license.
FISCAL IMPACT:
Funding for this project will be from the Type A Fund - Fund 1140 Business and Job
Development Fund.
Funding Detail:
Fund: 1140
Organization/Activity: 15010
Mission Element: 707
Project # (CIP Only): N/A
Account: 530000
RECOMMENDATION:
Staff recommends approving the ordinance to approve $701 ,800.00 for capital
improvements to Whataburger Field.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint — Scope of Work
PowerPoint — Full CIP
Addendum No. 1 to Lease Agreement
Ordinance
Ordinance approving Addendum No. 1 to Lease Agreement with
Corpus Christi Baseball Club, L.P., providing for Type A funding in an
amount not to exceed $701,800.00 on a reimbursement basis to make
certain capital improvements to the Whataburger Field property in
accordance with Major League Baseball Requirements.
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, Proposition 2A on that same date, authorized "the use of a portion of
the sales and use tax for the construction, operation and maintenance of a minor league
baseball stadium;"
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") and used to build and maintain
Whataburger Field in Corpus Christi;
WHEREAS, on October 18, 2021 , the Type A Board determined that it is in the best
interest of the citizens of the City that Type A sales tax funds be used to pay for a certain
public improvement, namely capital improvements at Whataburger Field (the "Project")
and voted to authorize the funds for this purpose, which Project was previously included
in the budget approved by City Council on September 7, 2021 ; and
WHEREAS, the Project is consistent with the purposes for which the Type A sales
tax was created and approved by the voters of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR 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 5. That the City Manager or designee is authorized to execute the Addendum
No. 1 to Lease Agreement with Corpus Christi Baseball Club, L.P., which provides for
Type A funding in an amount not to exceed $701,800.00 on a reimbursement basis, to
make certain capital improvements to the Whataburger Field property in accordance
with Major League Baseball Requirements.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 20217 by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
That the foregoing ordinance was read for the second time and passed finally on this
the day of 20217 by the following vote:
Paulette M. Guajardo John Martinez
Roland Barrera Ben Molina
Gil Hernandez Mike Pusley
Michael Hunter Greg Smith
Billy Lerma
PASSED AND APPROVED on this the day of , 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
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The total amount requested for these improvements to Whataburger Field is for an amount not
to exceed$1,076,000. Fu ndi ng total ing $701,800 can be real located by shifting the Small
BLISIneSS contracts From the Type A budget to Type B budget for funding_Cance the FY21 Small
BLISIIleSS Projects contracts close out, staff anticipates another$200,000 -$250,000 to be
3,,arable to allocate to the project and further close the remaining gap of funding_
• Field Lighting— Long lead time and competitive reservation opportunity to ensure project is complete for
2022 event usage beginning in February 2022.
• Women's Personnel Clubhouse - Opportunity to begin and reach completion phase is short, in a location
whose usage window begins April 2022.
• Visitor's Clubhouse—Opportunity to begin and reach completion phase is short, in a location whose usage
window begins April 2022. If timing for presentation and approval of remaining funds does not allow for April
'22 completion, this project will take place in October '22.
1 PDL Requirement
Field Lighting Requirement 2016 Musco Illumination Summary
• 7.7 Field Lighting-All lighting systems shall maintain the following minimum brightness
requirements: Infield: 100 fc average. Outfield:70 fc average. Bullpen:50 fc average. -, 0 65 f,5 Mot,
All lighting systems shall operate with a maximum uniformity ratio of 1.2/1 in the infield N9 ,1 0 6B 67 M ,1 M
and 2/1 in the outfield.The uniformity ratios shall be computed by comparing the T,9 A7 58 71 �T 67 f4 63 F5 61 7
highest and lowest footcandle readings in the infield and the outfield. The evaluation J9 ,1 70 M 63 $1 X 14 $7 4jo
grid used to assess compliance with the standards above shall include 16 light 74 01 14 73 .72 F7 j63 fD s3 256 ga
a
measurements taken in the infield,starting at home plate on a 30'x30'grid pattern. �1+ 78 J31 62 77 71 f�5 62 fA )56 f+ yo
Outfield readings shall be taken on a 60'x 60'grid pattern starting 1S'in from each foul ,02 92 �; 0 A7 7a 71 �57 jW r9 65
line and 4S'out from each infield base line.29 outfield readings shall be taken.All - Jos J% 101 a3 E7 78 72 70 72 49 60
readings shall be taken 3'off the ground.The cell of the light meter shall be self-leveling $I ,og a`9 ,106 .,a, s3 45 74 M 70 70 61
and mounted on a fixed tripod.The bullpen grid shall include pitcher's mound,bullpen X aa4 JOY .N X 7 67 H �
home plate and midpoint for each pitching location. All new field lighting systems for i 102 104 .109 107 .32 79 �F �
z 39 ' X 6,
which construction commenced on or after October 1,2020,including both new U- ,aa 01 s > ,,,p3 71 `
facilities and substantial modifications to existing lighting systems(e.g.,a modification '
that involves the installation of new lighting poles),shall be submitted to Major League
Baseball for approval in advance of construction.All new lighting systems shall utilize an 5 —gdar325-f400/315-
Spacin� 39.0'x30.fY
LED source,follow IES RP-6-1S standards(unless specified otherwise under this 3.0-abO-e de
provision),and meet the following minimum standards:Color temperature shall be +
MA-NEN XO P ILOM1TAL FOG--
greater than or equal to 5000°K Color Rendering Index(CRI)shall be minimum of 7S lrt d Qu eId
�, 100 >o
Light Loss Factor(LLF)shall be minimum of 0.88 Average footcandle readings in foul 5m�a���: 10241 o.68
M.i—.- 109 95
territory shall be a minimum of 70%of the standard applicable to the immediately Mo— 95 M
adjacent area in fair territory. 6���M�.EMm 1107 1=1
Mm.I Min.: 1.14 1.63
U1(.dJ—tpM)- 111 1.1H
LU: 0.59
IYn.Of Rims: 25 405
1 PDL Requirement
Field Lighting Scope of Work
• Factory aimed and assembled LED event lighting luminaries
• Factory aimed and assembled LED ball-tracking luminaries
• Retrofit six(6)existing poles g
• Infield 100fc,Outfield 70fc light level
• Remote Driver Enclosures for all fixtures a
• 10-year Parts and Labor warranty including guaranteed light levels 100fc/70fc
• Gateway cabinet to interface dimming network to DMX controller
• ETC Mosaic DMX control system with two(2)touchscreens to provide dimming and
theatrical effects
• Turnkey installation
• Final aiming/commissioning of the sports lighting system for approval of owner's A
representation Fepj
• Includes materials/equipment delivery to the jobsite,unload and full installation
• .Vole Luminaires ^� .. A2 1 *•,,� „,�-
qTY LOGITICM EIEYATIOM I iT iIPE POLEIy
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119' T LE61500
2 61-02 110 - 25' nC T-575 3
11V T LEo-1500 22
2 ci{ 100 6' 31' nC T-575 3
106' T LEO-1500 15
6 T6TAM15 116
Ballast Spedfirada�s Lire Amperage Per Luminaire
Single Phase Y Itage200 220 2W23] 36] 380 080
10 Nal 1-1 � M .1
TLCiEM1 9.0 &5 ].8 1 6.] 5.6 49 19
TLC 75 3.6 1 3.2 1 L9 I LS 1 2.0 1.8 1.5
1 PDL Requirement
Women's Personnel Clubhouse Requirement
• S.4 Female Staff Facilities-All facilities shall provide a private dressing,shower,and toilet facility that is available only to female
umpires and female staff of the home and visiting Major League organizations.Such dressing area shall be located in reasonable
proximity to the home and visiting clubhouses and shall include a minimum of four lockers(each a minimum of 24"w x 72"h),two
showerheads,two water closets,and two lavatories. Minimum floorspace requirements for the female staff facilities shall be 200 sq.
ft.(as measured from the base of each wall).Notwithstanding the forgoing,facilities may include multiple separate dressing areas for
home and visiting female staff and umpires,provided that at least two lockers,one shower,one water closet,and one lavatory are
available in each location for female staff.For the avoidance of doubt,the combined requirements of such facilities remain as outlined
above.
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1 PDL Requirement
Women's Clubhouse Renovation Scope of Work
Address compliance requirement of private dressing area featuring:
• Four(4)standard lockers(min 24")
• Two(2)lavatories
• Two(2)water closets
• Two(2)shower heads
LOCKER ROOM
IDGKEM ;' SHOWER!
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WOMEN'S LOCKER ROOM CONCEPT 2
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'IMIPP PDL Requirement
Visitor's Clubhouse Requirement
• 4.2 Visiting Commissary and Dining Area-All facilities shall provide an area of not less than 300 sq.ft.dedicated to food preparation
and consumption.If these two areas are separate(e.g.,a seating area across the hall from the food preparation space),then the
combined space must be a minimum of 300 sq.ft.The commissary shall include a refrigerator,a freezer,a sink,a dishwasher,a
microwave,cabinets for storage,and a seating area that can accommodate at least 8 individuals at one time.All kitchen equipment
shall comply with applicable local and state standards related to sanitation and cleanliness.In all circumstances,the commissary and
dining area shall be separated from the player and staff dressing areas but should be immediately accessible by players and staff and
located in,or in direct proximity to,the general visiting clubhouse area.For the avoidance of doubt,the commissary equipment above
shall be dedicated for the sole use of the Major League Baseball Club and will required irrespective of the existence of a separate
kitchen or restaurant area located away from the visiting clubhouse area(e.g.,elsewhere in the facility).
Current floorplan without dining area
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7MIDD PDL Requirement
Visitor's Clubhouse Renovation Scope of Work
Address compliance requirement of areas featuring:
• 32 player lockers . �.
• Manager's office&Coaches locker room
• Stand alone dining area
• Training room
• Meet square footage and seating guidelines
------ --- f' ----- ------ --------- —
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VISITOR'S CLUBHOUSE UPGRADES•CONCEPT 1
FACILITY STANDARDS:GRADING RUBIC 42
O O g ' Requirements ; g TOTAL POINTS
enalty Section 3 Home Club Facilities Penalty Range 5
Low Med High
2 Home Commissary and Dining Area
Freezer 1 1 1
Compliance Requirements Dishwasher 1 1 1
4 Home Training Room
Minimum 400 sq ft 1 3 10
• 30 points or less by 2023 2 full body whirlpools - 2 5
• 20 points or less by 2024
Section Visiting Club Facilities Penalty Range 22
• 10 points or less by 2025 and Low Med High
in perpetuity 1 Visiting Clubhouse/Dressi ng Area
Minimum#of regulation lockers 1 3 10
2 Visiting Commissary and Dining Area
Notes to Section 7-Most recent lighting assessment is based on Minimum 300 sq ft 1 2 5
2016 Field Survey performed by Gould Evans. 2016 was non- Freezer 1 1 1
Sink 1 1 1
compliant and$28k in remedies were completed.Very likely Dishwasher 1 1 1
penalties are higher if a current day lighting survey was executed for Microwave 1 1 1
Storage Cabinets 1 1 1
both Average and Uniformity. Seating Area for 8min 1 1 1
4 Visiting Training Room
2 ful l body whirlpools - 2 5
6 Visiting Field Manager's Office
Separate Manager's office 3 3 3
Separate toilet,shower and dressing area 1 1 1
Meeting space for min 4people 2 2 2
Section Additional Team Facilities Penalty Range 8
Low Med High
4 Female Staff Facilities
Minimum 4regulation lockers 1 2 5
Shower heads:2 NA 1 10
Waterclosets:2 NA 1 10
Lavatories-2 NA 1 10
Section High Speed Internet Penalty Range 3
Low Med High
2 Seconda ry l me met Con rection 3 3 3
Section Playing Field Penalty Range 4
Low Med High
7 Field Lighting Average fc(Infie Id) 1 3 10
Field Lighting Average fc(Outfield) 1 3 10
Field Lighting Uniformity Ratio(Infield) 1 3 5
Field Lighting Uniformity Ratio(Outfield) 1 3 5
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Capital Improvements Review
oCity ,
ex Summary
Hooks lease-City provides Capex Investment History
$175,000 reimbursement when Hooks City of Corpus Christi
Fiscal Capital Annual Contribution via Contribution Property
Hooks Cap Ex/Maintenance meets or Year Expenditures Rent Type Afunds via HOT funds Insurance
exceeds $350,000. 2020 $1,000,000 $80,000 $2,000,000 $0 $67,100
2019 $966,415 $70,000 $175,000 $70,670
Proposed City Capex Investment: 2018 $617,924 $70,000 $175,000 $65,434
2022 - $1,076,000 (pg. 3-7) 2017 $519,247 $70,000 $175,000 $65,529
2016 $645,518 $70,000 $175,000
2023 - $2,541,000 (pg. 8-10) 2015 $554,993 $70,000 $175,000
2024 - $835,000 (pg. 11-12) 2014 $711,866 $60,000 $175,000
2013 $299,237 $60,000
2025 - $421,000 (pg. 13) 2012 $27,168 $60,000
2011 $3,022 $60,000
4-year total -$4,873,000 2010 $16,823 $60,000
Additional considerations(pg. 14-20) 2009 $26,925 $50,000
2008 $190,763 $50,000
2007 $349,375 $50,000
2006 $67,520 $50,000
2005 $894,217 $50,000
TOTAL $6,891,013 $980,000 $2,000,000 $1,050,000 $268,733
FACILITY STANDARDS:GRADING RUBIC 42
®® g , Requirements ; Penalty TOTAL POINTS
Section3 Home Club Facilities Penalty Range 5
Low Med High
2 Home Commissary and Dining Area
Freezer II
1
Compliance Requirements Dishwasher 1 1 1
4 Home Training Room
• 30oints or less b 2023 Mimmum400sgft 1 3 10
p y 2full body whirlpools - 2 5
• 20 points or less by 2024
10 Dints or less b 2025 and Section4 Visiting Club Facilities Penalty Range 22
p y Low Med High
in perpetuity 1 Visiting Clubhouse/Dressing Area
Minimum a of regulation lockers 1 3 10
2 Visiting Commissary and Dining Area
Notes to Section 7-Most recent lighting assessment is based on Minimum 300sgft 1 2 5
2016 Field Survey performed by Gould Evans. 2016 was non- Freezer 1 1 1
Sink 1 1 1
compliant and$28k in remedies were completed.Very likely Dishwasher 1 1 1
penalties are higher if a current day lighting survey was executed for Morage a 1 1 1
Storage Cabinets 1 1 1
both Average and Uniformity. Seating Area for 8min 1 1 1
4 Visiting Training Room
2full body whirlpools - 2 5
6 Visiting Field Managers Office
Separate Manager's office 3 3 3
Separate toilet,showerand dressing area 1 1 1
Meeting space for min 4 people 2 2 2
Section Additional Team Facilities Penalty Range 8
Low Med High
4 Female Staff Facilities
Minimum 4 regulation lockers 1 2 5
Shower heads:2 NA 1 10
Waterclosets:2 NA 1 10
Lavatories-2 NA 1 10
Section High Speed lntemet Penalty Range 3
Low Med High
2 Secondary l me met Con nection 3 3 3
Section Playing Field Penalty Range 4
Low Med High
7-Field Lighting Average fc(infield) 1 3 10
Field Lighting Average fc(Outfield) 1 3 10
Field Lighting Uniformity Ratio(infield) 1 3 5
Field Lighting Uniformity Ratio(Outfield) 1 3 5
2022— PDL Requirement
• Field Lights— PDL requirement($750,000) 2016 Musco Illumination Summary
• 7.7 Field Lighting-All lighting systems shall maintain the following minimum brightness MW
requirements:Infield:100fcaverage. Outfield:70 fc average. Bullpen:50 fc average. m, XP �5 �4 'fj
All lighting systems shall operate with a maximum uniformity ratio of 1.2/1 in the infield ,,'
and 2/1 in the outfield.The uniformity ratios shall be computed by comparing the f,9 A, 0 ,, ,O P �4 63 53 f 'k
highest and lowest footcandle readings in the infield and the outfield. The evaluation 79 a, 0 79 W 0 61 a2 r4 a7 O0
grid used to assess compliance with the standards above shall include 16 light ,4 $, 34 72 .07 b2 A j�3 r6 $ gd
measurements taken in the infield,starting at home plate on a 30'x30'grid pattern. 71 70 a+ a2 77 71 6E 62 a4 X a4 �30
Outfield readings shall be taken on a 60'x60'grid pattern starting 15'in from each foul 02 93 X $7 70 71 Z7 b7
line and 45'out from each infield base line. 29 outfield readings shall be taken.All a06 a05 101 �16 07 76 a2 70 a2 0 0
readings shall be taken 3'off the ground.The cell of the light meter shall be self-leveling ,00 JN ,,0s 101 s3 �3 74 f� 90 70 01
and mounted on a fixed tripod.The bullpen grid shall include pitcher's mound,bullpen 7 104 ,107 105 a2 75 » 67 s9 s4
home plate and midpoint for each pitching location. All new field lighting systems for J02 .� J09 107 .92 -79 X .79 97 rZ
which construction commenced on or after October 1,2020,including both new W A? P3 7' 75
facilities and substantial modifications to existing lighting systems(e.g.,a modification
that involves the installation of new lighting poles),shall be submitted to Major League '
Baseball for approval in advance of construction.All new lighting systems shall utilize an 90 I_gdar 325' 400'J 315
spar 30.v,30.0'
LED source,follow IES RP-6-15 standards(unless specified otherwise under this He&1= 3.0'abu cede
provision),and meet the following minimum standards:Color temperature shall be '
greater than or equal to 5000°K Color Rendering I ndex(CRI)shall be minimum of 75 0HOR1ZO0T�F0� app oed
Light Loss Factor(LLF)shall be minimum of 0.88 Average footcandle readings in foul Gum �: 1002041 0
Matimum- 149 95
territory shall be a minimum of 70%of the standard applicable to the immediately Mn— 95 98
adjacent area in fair territory. -i—1—Mm- I.07 1.21
6uusrtu -1— L2
Max 1 Mm- 1.14 1.63
UG(.dp_.P.J 1.11 1.18
W_ 059
N.-of Pd— 25 105
1Requirement
Visitor's Clubhouse renovation—($200,000)
• 4.2 Visiting Commissary and Dining Area-All facilities shall provide an area of not less than 300 sq.ft.dedicated to food preparation
and consumption.If these two areas are separate(e.g.,a seating area across the hall from the food preparation space),then the
combined space must be a minimum of 300 sq.ft.The commissary shall include a refrigerator,a freezer,a sink,a dishwasher,a
microwave,cabinets for storage,and a seating area that can accommodate at least 8 individuals at one time.All kitchen equipment
shall comply with applicable local and state standards related to sanitation and cleanliness.I n all circumstances,the commissary and
dining area shall be separated from the player and staff dressing areas but should be immediately accessible by players and staff and
located in,or in direct proximity to,the general visiting clubhouse area.For the avoidance of doubt,the commissary equipment above
shall be dedicated for the sole use of the Major League Baseball Club and will required irrespective of the existence of a separate
kitchen or restaurant area located away from the visiting clubhouse area(e.g.,elsewhere in the facility).
Current floorplan without dining area Redesign with dining area
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1Requirement
Women's Clubhouse—($60,000)
• 5.4 Female Staff Facilities-All facilities shall provide a private dressing,shower,and toilet facility that is available only to female
umpires and female staff of the home and visiting Major League organizations.Such dressing area shall be located in reasonable
proximity to the home and visiting clubhouses and shall include a minimum of four lockers(each a minimum of 24"w x 72"h),two
showerheads,two water closets,and two lavatories.Minimum floorspace requirements for the female staff facilities shall be 200 sq.
ft.(as measured from the base of each wall).Notwithstanding the forgoing,facilities may include multiple separate dressingareas for
home and visiting female staff and umpires,provided that at least two lockers,one shower,one water closet,and one lavatory are
available in each location for female staff.For the avoidance of doubt,the combined requirements of such facilities remain as outlined
above.
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10'P 1 17,1" 1
• Cotton Club entrance door replacement($16,000)
• Cotton Club doors are original from 2005
• Various internal parts have been replaced,but additional issues continue to occur($2,500 in repairs over 2019/2020)
• Current state of doors are difficult to open and are a safety hazard for egress in the event of an emergency
• Home Clubhouse Washer/Dryer replacement($35,000)
• Two washers in the Home Clubhouse are original from 2005(life expectancy is 8 years)
• Cost per washer is$12,000
• Two dryers in the Home Clubhouse are original from 2005(life expectancy is 10-15 years) r
• Cost per dryer is$5,500
• Visiting Clubhouse washer failed in 2021 and was replaced W
•
Floor mattingtunnelwalkways(15,000) °
• Current walkways are bubbling and tearing
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mm
• 1,549 stadium seat replacement stanchions& seats ($200,000)
• Replaces short support bar seating that has major break issues
• Concourse Iightfixtures to LED ($43,000/ $175 per LED fixture)
• 277 total light fixtures(Concourse,Suite Level,RF Tunnel)
• On average,replacing 100 lights/ballasts per year
• Touch Iessfaucets-fan facing($38,000 —60 total faucets)
• Returf Kids Zone playground($10,000)
• Ground needs to be releveled with dirt and laid over with new artificial turf
• Current ground has become unlevel over the years and turf is showing signs of wear and tear
i m
o"o 2023— Steel
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Structure Painty
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Steel &Structure Painting—$2,000,000
• Entire ballpark needs painting of structural steel.Beams that were done in'18 are already showing rust.Recommend
consolidating line items for I beams,handrails and foul poles and spread project over 3 years.Need to set a scope that
includes proper finishes for all.Prefer marine grade or epoxy finishes.Cost of prepping and painting entire structure and
handrails would be around 1.5-2 million dollars.
123 — Elevator Refurbishment
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Passenger Elevator refurbishment($110,000) Freight Elevator refu rbishment($140,000)
• Elevator is original from 2005 Elevator is original from 2005
• Internal parts need to be updated to become more Internal parts need to be updated to become more modern
modern—replacement parts are becoming harderto find —replacement parts are becoming harder to find
• Schindler recommends upgraded controller,power Schindler recommends upgraded controller,power
unit,door operator,COP,push buttons,and position unit,door operator,COP,push buttons,and position
indicators
indicators
HVAC Replacement- $250,000
• Facility currently has a total of forty-five (45) AC units
• Twenty-four(24) are original Trane units from 2005
• Life expectancy is 8-10 years(corrosion from salt air)
• In-house electrician has expanded unit life span by replacing internal parts as they failed
• Replacement parts for Trane units are becoming harder to find
• Due to original placement of units, portions of ceiling grids and fire lines will need to be removed and
reinstalled during replacement process
• Aging Trane units have been replaced with a combination of Lennoxand Guardian units
• Organization recommends sticking with Lennox Units (life expectancyand durability)
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• Refurbish exterior Tickets/Ballpark Office/Whataburger/Cotton Club signs($75,000)
• Field replacement including drainage redesign($450,000)
• Resurface Roof($75,000)
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• Replace auxiliaryscoreboards with LED ribbon boards($300,000)
• Suite level wood trim refurbishment ($16,000)
• Fire panel replacement. New vendor. Currently stuck with proprietary equipment($105,000)
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Additional Items for Consideration
Fire Pump Valve Rebuild Clevis Hangers Bridge Metal Deck and Turf Kids field
• Rebuild of one Victaulic Majority of clevis hangers Beam Replacement Area sits on former parking lot sub-
756 dry valve around facility are base and floods with even moderate
• Manufacturer beginning to rust and rain levels
recommends rebuild of valve multiple are beginning When playable, sees heavy foot traffic
every five years.Current valve to break from kids attending games
is going on 10+years. Clevis hangers support Has the potential to serve as a Group
• Cost-$3,305 water/fire lines Sales asset that could include a Little
• Cost per clevis hanger League game opportunity followed by
install-$66 Hooks game attendance
• Roughly 100-150 total
hangers
Additional • Consideration
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Hooks K Box—High Priority
• Stairwell and deck replacement.This is a very unsafe area of the ballpark and should get addressed immediately.Suggest usingTrex
Composite Decking to get best lifespan.
Cotton Presses
• Fill open spaces below each press with gravel—waiting on bid
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Splash Pad and Interior Common Area Landscape Design - $100,000
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Exterior Landscape Design - $100,000
Qr Additional Items for Consideration
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Bird Remediation
• Installed bird repellent misting system in 2020—located down 1st/3rd base concourse beams
• System did not remove birds,only pushed them down further along the concourse
Net Installation—researching costs
o"o Additional
• • • for Consideration
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Sport Court replacement
• Cost-$18,000(Full court replacement)/$9,000(Half court replacement)
• Half of court was damaged in 2018.Damaged portion was removed and never replaced
• Currently only utilize half of basketball court forguests
4
Additional Items for Consideration
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�� '• - HospitalityArea Service Buildout
I - '• Construct permanent service comparableto Mike Shaw Loft
• �rLoft Bar Cost • 000(bar and cabinetry storage—no plumbing/electrical)
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Team Capex
• Double Drum Roller($8,000)
• $7,000 spent in repairs between 2018-2020
• Operationsgolf carts ($15,000)
• Currently have four golf carts that are 10+years of age
• One flatbed cart that is 10+years of age
• Yearly Maintenance costs are beginning to exceed the cart value
• Each cart has broken down this season
• Pneumatic forklift ($30,000)
• Current forklift is going on 10+years(was purchased used)
• Pneumatic forklift would allow team to utilize on warning track—
currently must rent a forklift for large events on field
• Restripe parking lots($35,000)
• Parking Lot LED Light Conversion($55,000)
• Replace 92 metal halide fixtures with ALCL410T3 HVU 5K fixtures
• Current maintenance includes addressing corroded casings,chasing
antiquated parts and inefficiencies
• 1 ncrease safety and visibility for multi-purpose lots
1
ADDENDUM NO. 1 TO LEASE AGREEMENT WITH CORPUS CHRISTI BASEBALL
CLUB,L.P.
Whereas, on January 28, 2020, the City of Corpus Christi (herein referred to as "the City") and
Corpus Christi Baseball Club, L.P., a Texas Limited Partnership (herein referred to as "Lessee")
entered into the Second Amended and Restate Stadium Lease Agreement(herein referred to as the
"Lease")regarding Whataburger Field;
Whereas, the Lease authorized Lessee to make certain capital improvements to the Baseball
Stadium;
Whereas,the Lessee has proposed a capital improvement project to improve field lighting and the
women's personnel clubhouse (the"Project");
Whereas,the Corpus Christi Business and Job Development Corporation (the"Corporation")has
approved funding in the amount of$701,800.00 for the completions of the Project, which funding
will be transferred to the City for payment of the reimbursement under this Addendum; and
Whereas, the intent of this addendum is to layout the responsibilities of each Party specifically
related to the Project.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Parties enter into this addendum, effective on the date of last signature, to authorize
the Project under the terms of the Lease.
2. City and Lessee agree that, in accordance with Sections 5.5 and 7.1 of the Lease and
according to state law, the City authorizes the Lessee to proceed with the Project, as more
fully described in Attachment A, which is attached hereto and incorporated by reference.
a. Proiect Completion.Lessee must cause the contractor to complete all work for the
Project within one year following the Effective Date of this addendum.Lessee shall
ensure that any contract with the engineer or architect for design includes the terms
on attached Attachment B. The specifications and contract terms for construction
must include terms outlined in attached and incorporated Attachment C. Lessee
shall be responsible to provide oversight and contract management services
including inspection services to verify work is timely and properly completed.
Lessee shall obtain all required City permits for the Project.
b. Quarterly Updates. Lessee must provide quarterly updates on the Project to the
City in October, January, April, and July until final completion of the Project.
3. City will provide funding for the Project, up to $701,800.00 on a reimbursement basis.
a. City Maximum Funding Amount, The Parties agree that the funding from the
City or Corporation required to complete the Project are not to exceed$701,800.00
which is defined herein as the "City Maximum Funding Amount." The City shall
only be responsible for payments up to the City Maximum Funding Amount for
2
completion of the Project. Lessee agrees to be responsible for payment of any costs
which exceed the City Maximum Funding Amount.
b. Reimbursement Payments. The City will pay the City Maximum Funding
Amount to the Lessee in accordance with Section 7.4 of the Lease.
4. During the Project construction, City Director of Engineering Services and City Director
of Parks and Recreation, or their designees, have the right but not the obligation to inspect
the Project. Lessee agrees to timely resolve any issues identified by City staff that
represent non-conformance with the Project design and construction plans.
5. Indemnification. The Parties agree that Lessee's indemnification
obligations in the Lease apply to this project and that such obligations are
incorporated here by reference as if fully set out here in their entirety.
6. This addendum is governed by the terms and conditions of the Lease, as amended, and is
considered part of the Lease for all intents and purposes. Failure to comply with the terms
of this addendum may be considered Lessee or City Default in accordance with Article XI
of the Lease.
7. This addendum may be executed in multiple counterparts and all such counterparts will be
deemed one and the same agreement among the parties whether or not the signatures of all
parties appear on any given counterpart.
AGREED TO BY:
Corpus Christi Baseball Club, L.P.,
through its general partner, RSB Operations, LLC
By:
N. Reese Ryan, Member
Date:
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on by N. Reese Ryan, Member
of RSB Operations, LLC, as the general partner for Corpus Christi Baseball Club, L.P., on behalf
of said partnership.
Notary Public
3
CITY OF CORPUS CHRISTI
By:
Peter Zanoni, City Manager
Date:
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on by Peter Zanoni as the City
Manager for the City of Corpus Christi, Texas a Texas municipality on behalf of said municipality.
Notary Public
Approved as to form:
By:
Assistant City Attorney Date
ATTACHMENT A—PROJECT DESCRIPTION
Lessee will provide construction improvements to the field lighting and the women's personnel clubhouse
in accordance with this Scope of Work and the requirements of the Professional Development League
(PDL)or other Sanctioning Association.
Field Lighting Scope of Work: PDL Lighting Requirement: 7.7 Field Lighting - All lighting systems
shall maintain the following minimum brightness requirements: Infield: 100 fc average. Outfield: 70 fc
average. Bullpen: 50 fc average. All lighting systems shall operate with a maximum uniformity ratio of
1.2/1 in the infield and 2/1 in the outfield.The uniformity ratios shall be computed by comparing the highest
and lowest footcandle readings in the infield and the outfield. The evaluation grid used to assess compliance
with the standards above shall include 16 light measurements taken in the infield, starting at home plate on
a 30'x30' grid pattern. Outfield readings shall be taken on a 60'x 60' grid pattern starting 15' in from each
foul line and 45' out from each infield base line. 29 outfield readings shall be taken. All readings shall be
taken 3' off the ground.The cell of the light meter shall be self-leveling and mounted on a fixed tripod.The
bullpen grid shall include pitcher's mound, bullpen home plate and midpoint for each pitching location.
All new field lighting systems for which construction commenced on or after October 1, 2020, including
both new facilities and substantial modifications to existing lighting systems (e.g., a modification that
involves the installation of new lighting poles), shall be submitted to Major League Baseball for approval
in advance of construction. All new lighting systems shall utilize an LED source, follow IES RP-6-15
standards (unless specified otherwise under this provision), and meet the following minimum standards:
Color temperature shall be greater than or equal to 5000°K Color Rendering Index(CRI)shall be minimum
of 75 Light Loss Factor(LLF)shall be minimum of 0.88 Average footcandle readings in foul territory shall
be a minimum of 70% of the standard applicable to the immediately adjacent area in fair territory.
• Factory aimed and assembled LED event lighting luminaries
• Factory aimed and assembled LED ball-tracking luminaries
• Retrofit six(6)existing poles
• Infield 100fc, Outfield 70fc light level
• Remote Driver Enclosures for all fixtures
• 10-year Parts and Labor warranty including guaranteed light levels 100fc/70fc
• Gateway cabinet to interface dimming network to DMX controller
• ETC Mosaic DMX control system with two (2)touchscreens to provide dimming and theatrical
effects
• Turnkey installation
• Final aiming/commissioning of the sports lighting system for approval of owner's representation
• Includes materials/equipment delivery to the jobsite,unload and full installation
I
67 0 0 .65 M bs 0 J55
j69 i71 jW 0 Z7 468 71 0": .
-69 P 406 +71 _C A4 $3
Flame: AA Basebaq
79 +71 {,E :'- t y 61 $2 4AA
# Sae: Ernt0ar 325'/400'/315'
Spacing 30.41 x 30.0'
174 401 ,74 ,73 472 67 jig fiC F° E ,- ] Heist: 3.0'above ga&
7B 51 K 77 JI �55 A2 454
�LLUMIIYATION SUMMARY
MAWAINED HORMUALL FOOTCANDLES
34 9377 Fs
u„
i ifr2 - Enfield OVtfilld
,106 105 ,01 ; 87 78 172 70 72 0 �60 Guaranwed Aaeraae- 100 70.
Scan Average: 102.41 70.68
,96 :65 ,109 ,195 tf11 '73 4.3 14 459 ,70 70 61 k�i Maximum: 109 95
Minimum 95 58
.. ,97 jD4 ,107 ,1PF 1 71 67 0 f AvelMin: 1.07 1.21
G..—t—d M•.f Mie;
.IW ,1D2 +104 .109 .r 3- .79 „j7 65 f2
Max f Min: 1-14 1,63
_',_ .
� UG(adjacent pts): L11 1.18
71
CU: 0.59
No.of Points, 25 105
Women's Clubhouse Renovation Scope of Work: PDL Requirement: 5.4 Female Staff Facilities - All
facilities shall provide a private dressing,shower,and toilet facility that is available only to female umpires
and female staff of the home and visiting Major League organizations. Such dressing area shall be located
in reasonable proximity to the home and visiting clubhouses and shall include a minimum of four lockers
(each a minimum of 24" w x 72" h), two showerheads, two water closets, and two lavatories. Minimum
floorspace requirements for the female staff facilities shall be 200 sq.ft. (as measured from the base of each
wall). Notwithstanding the forgoing, facilities may include multiple separate dressing areas for home and
visiting female staff and umpires,provided that at least two lockers,one shower,one water closet,and one
lavatory are available in each location for female staff. For the avoidance of doubt, the combined
requirements of such facilities remain as outlined above.
• Address compliance requirement of private dressing area featuring:
• Four(4) standard lockers (min 24")
• Two (2)lavatories
• Two (2)water closets
• Two (2)shower heads
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SHOWER!
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WOMEN'S LOCKER ROOM CONCEPT 2
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ATTACHMENT B
Required Terms for Contract with Architect or Engineer ("Consultant")
ADDITIONAL SCOPE OF SERVICES. In addition to preparation of plans and
specifications in compliance with all applicable City Codes and State laws,Consultant
will conduct regular on-site inspections and observations of construction contractor's work
in progress, materials and equipment to assist in determining if the work is in general
proceeding in accordance with construction documents.
INDEMNIFICATION
A. Consultant shall fully indemnify and hold harmless the City of Corpus Christi and
its officials, officers, agents, employees, excluding the engineer or architect or that
person's agent, employee or subconsultant, over which the City exercises control
("Indemnitee") from and against any and all claims, damages, liabilities or costs,
including reasonable attorney fees and court costs, to the extent that the damage is
caused by or results from an act of negligence, intentional tort, intellectual property
infringement or failure to pay a subcontractor or supplier committed by Consultant or
its agent, Consultant under contract or another entity over which Consultant exercises
control while in the exercise of rights or performance of the duties under this
agreement. This indemnification does not apply to any liability resulting from the
negligent acts or omissions of the City or its employees, to the extent of such
negligence.
B. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney,
from and against any and all claims, damages, liabilities or costs, including reasonable
attorney fees and court costs, included in the indemnification above if the claim is not
based wholly or partly on the negligence of, fault of or breach of contract by
Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach
of contract by Indemnitee, the Consultant shall reimburse the City's reasonable
attorney's fees in proportion to the Consultant's liability.
C. Consultant must advise City in writing within 24 hours of any claim or demand
against City or Consultant known to Consultant related to or arising out of Consultant's
activities under this Agreement.
INSURANCE. Consultant must not commence work under this Agreement until all insurance
required 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. Insurance Requirements for the Consultant are shown in
ATTACHMENT B-1
ATTACHMENT B-1
Architect/Engineer ("Consultant")
1. 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 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 Peroccurrence - 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
and identify any limitations regarding
who is insured.
ATTACHMENT C- REQUIRED TERMS AND CONDITIONS FOR
CONSTRUCTION OF THE PROJECT
1. Performance and Payment Bonds. Bonds furnished must be the requirements of Texas
Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable
laws and regulations. The contractors who are awarded contracts for construction of the capital
improvement project to improve field lighting and the women's personnel clubhouse shall furnish
the following bonds by surety companies authorized to do business in Texas:
A. Payment Bond - A payment bond in the amount of One Hundred Percent (100%)
of the contract for construction of the Improvements shall be furnished for the protection of all
persons, firms and corporations who may furnish materials or perform labor. The payment bond
shall be made with City of Corpus Christi as an Obligee.
B. Performance Bond - A performance bond in the amount of One Hundred Percent
(100%) of the contract for construction of the Improvements shall be furnished covering the
faithful performance of the contract. The performance bond shall be made with City of Corpus
Christi as an Obligee.
2. All construction agreements for the Project shall include the following provisions. The
Indemnity section shall be in large bold face font.
A. INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL
OF ITS OFFICIALS, AGENTS AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES,
SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL
EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT
COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF,
DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED
BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES OR ANY OTHER PERSON, ARISING OUT OF OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT,
AND CONTRACTOR SHALL AT HIS OR HER OWN COST AND
EXPENSE DEFEND AND PROTECT THE CITY OF CORPUS CHRISTI
FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
B. Project shall be constructed in accordance with all applicable Federal, State and City
codes, laws and regulations.
C. Contractor and any subcontractors employed on this Project will comply with Chapter
2258 of the Texas Government Code by paying Contractor's employees or subcontractors
not less than the general prevailing wage rates.
D. Contractor warrants that the goods and services provided under this Contract shall be
warranted against any defaults for five years from final acceptance.
E. Contractor shall provide insurance as required by Attachment C-1.
ATTACHMENT C-1 INSURANCE REQUIREMENTS
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 Director of Facilities & Property
Management 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 all applicable policies. 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 cancellation, Bodily Injury and Property Damage
non-renewal, material change or termination Per occurrence - aggregate
required on all certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
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 and complies with Part 11 of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
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.
se11
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AGENDA MEMORANDUM
oRPORPg4 First Reading for the City Council Meeting of November 9, 2021
1852 Second Reading for the City Council Meeting of November 16, 2021
DATE: October 25, 2021
TO: Peter Zanoni, City Manager
THRU: Andrea Gardner, Assistant City Manager
and reaga(a)cctexas.com
361.826.3506
FROM: Tracey K. Cantu, Interim Director of Neighborhood Services
traceyca-cctexas.corri
361.826.3021
Accepting and Appropriating $7,808,211 in Grant Funds from the U.S. Department
of the Treasury for Emergency Rental Assistance and Authorizing the Grant
Administrator Service Agreement for Administration
CAPTION:
Ordinance accepting and appropriating a grant in the amount $7,808,211 .00 from the U.S.
Department of the Treasury and authorizing a one-year service agreement for Grant
Administrator Services of Emergency Rental Assistance in an amount not to exceed
$1 ,170,565.00, with Hagerty Consulting Inc. of Evanston, Illinois, effective upon issuance of a
notice to proceed; and amending the budget.
SUMMARY:
This Ordinance accepts the second allocation of Emergency Rental Assistance (ERA) from the
U.S. Department of the Treasury (the Treasury) and authorizes a service agreement with Hagerty
Consulting Inc. for grant administrative services. The service agreement will allow for the
implementation of the program to assist renters who are behind on their rent and utility payments
as a result of COVID-19.
BACKGROUND AND FINDINGS:
On March 11, 2021 President Joe Biden signed the American Rescue Plan Act of 2021 . The Act
includes the Treasury's $21 .55 billion ERA2 program. The Treasury has allocated $7,808,211 .00
to the City of Corpus Christi for residential rental assistance. The City of Corpus Christi will
undergo a competitive process to procure for grant administration services.
ERA makes assistance available to eligible renter households in which at least one or more
individual (a) qualifies for unemployment or experienced a reduction in household income,
incurred significant costs, or experienced other financial hardship during or due, directly or
indirectly, to the coronavirus pandemic; (b) demonstrates a risk of experiencing homelessness or
housing instability; and (c) has a household income at or below 80 percent of the area median.
Eligible households that include an individual who has been unemployed for the 90 days prior to
application for assistance and households with income at or below 50 percent of the area median
are to be prioritized for assistance. The aggregate amount of financial assistance an eligible
household may receive must not exceed 18 months under ERA2. The City of Corpus Christi is
required to prioritize the payment of existing housing-related arrears that could result in the
eviction of an eligible household. The Treasury has allowed up to 15 percent of the ERA2 funds
for administration. When making the ERA2 allocations, the Treasury recognized that the 10
percent administration cap on ERA1 was insufficient and increased the administration cap for
ERA2 to 15 percent. Administrative funds from ERA2 can be used for the implementation of ERA1 .
This is the second allocation of ERA funds from the Treasury. ERA1 funds were authorized by
City Council on May 25, 2021 in the amount of $9,868,157.30 including a service agreement for
administrative services in the amount of $980,680.00. The Corpus Christi Emergency Rental
Assistance Program launched on July 1 , 2021 . As of October 25, 2021 , 922 households have
been approved for $4,702,851 .69 from ERA1.
A grant administration contractor is necessary to meet program requirements and meet program
demand. To be successful, the program implementation must include an online platform, call
center, application processing, quality assurance, and processes to maintain compliance with
program rules and regulations. The City does not have the staff capacity to administer this
program without hiring additional full-time employees. Contracting with a firm experienced in
emergency programs and that has a built online platform is critical to the program's success. The
Neighborhood Services Department will oversee and manage the service agreement. Hagerty
Consulting Inc. was awarded the service agreement for ERA1 administration and built the online
application management system and has policies and procedures in place and case managers in
working with applicants.
PROCUREMENT DETAIL:
This procurement falls under a statutory exception within Local Government Code 252.022(a)(4)
as these services are for personal, professional and/or planning services.
Hagerty Consulting, Inc., is currently providing grant administrative services for the City of Corpus
Christi along with clients at the state and county levels including Nueces County in the
implementation of Emergency Rental Assistance Programs. By way of this procurement, it is
believed that Hagerty is the best choice for this work.
ALTERNATIVES:
The City could hire additional full-time staff to administer the grant, run a call center, develop the
online platform, and process applications.
FISCAL IMPACT:
The City is receiving a grant to fund this program and service agreement.
FUNDING DETAIL:
Fund: 1089
Organization/Activity: 890104F
Mission Element: 132
Project # (CIP Only): NA
Account: 570040
RECOMMENDATION:
Staff recommends approval of the Ordinance accepting and appropriating the grants funds and
authorizing a one-year service agreement with Hagerty Consulting Inc. as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Service Agreement
PowerPoint
Ordinance accepting and appropriating a grant in the amount
$7,808,211.00 from the U.S. Department of the Treasury and
authorizing a one-year service agreement for Grant Administrator
Services of Emergency Rental Assistance in an amount not to exceed
$1,170,565.00, with Hagerty Consulting Inc. of Evanston, Illinois,
effective upon issuance of a notice to proceed; and amending the
budget.
WHEREAS, pursuant to the American Rescue Plan Act of 2021 , which was enacted on
March 11 , 2021 , the U.S. Department of the Treasury (the Treasury) has allocated
additional Emergency Rental Assistance Program funding (ERA2); and
WHEREAS, the Treasury has allocated $7,808,211 .00 from ERA2 to the City of Corpus
Christi to distribute to qualifying rental households experiencing housing instability and to
prevent eviction.
WHEREAS, in order to qualify for the ERA2 funding, the applicant must be a renter in the
City of Corpus Christi with an average median household income at or below 80% of the
median average family income for Nueces County and be financially impacted by Covid-
19.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to accept a grant in the amount
of $7,808,211 .00 from the Treasury for the Emergency Rental Assistance Program.
SECTION 2. That funds in the amount of $7,808,211 .00 are appropriated into the
Emergency Rental Assistance Fund No. 1089 to be used for the Emergency Rental
Assistance Program.
SECTION 3. That the FY2021-22 Operating Budget and Capital Budget are amended to
increase revenue and expenditures.
SECTION 4. That the City Manager or designee is authorized to negotiate and execute a
one-year service agreement for Grant Administrator Services in the amount not to exceed
$1 ,170,565.00 with Hagerty Consulting Inc. of Evanston, Illinois.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of_, 2021 , by the following vote:
Paulette M. Guajard Michael T. Hunter
John Martinez Mike Pusley
Billy A. Lerma Ben Molina
Roland Barrera Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the this the day of_, 2021 , by the following vote:
Paulette M. Guajard Michael T. Hunter
John Martinez Mike Pusley
Billy A. Lerma Ben Molina
Roland Barrera Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
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H SERVICE AGREEMENT NO. 3832
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GRANT ADMINISTRATOR SERVICES OF EMERGENCY RENTAL
yeanaonnf�
1852 ASSISTANCE - TREASURY
TH IS Grant Administrator Services of Emergency Rental Assistance
- Treasury Agreement ("Agreement") is entered into by and between the City of
Corpus Christi, a Texas home-rule municipal corporation ("City") and Hagerty
Consulting, Inc. ("Contractor"), effective upon execution by the City Manager or
the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Grant Administrator Services of
Emergency Rental Assistance - Treasury in response to Request for Bid/Proposal No.
N/A ("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 Grant Administrator Services of Emergency Rental
Assistance - Treasury("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 one year, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Division, or the performance date listed in the notice
to proceed, whichever is later. 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 in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$1 ,170,565.00, 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.
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Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
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:
Jennifer Buxton
Assistant Director of Neighborhood Services
361-826-3976
Jenniferb9@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 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.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City.
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,
Service Agreement Standard Form - Federal Funding Page 2 of 8
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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. The City will notify the
Contractor of non-appropriation as soon as practicable. If notice cannot be
provided at least 30 days prior to the end of the fiscal year, it will be provided
within seven days following budget approval.
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.
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
Service Agreement Standard Form - Federal Funding Page 3 of 8
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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 and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
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 related 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: Jennifer Buxton
Assistant Director of Neighborhood Services
1201 Leopard St., Corpus Christi, Texas 78401
361-826-3976
IF TO CONTRACTOR:
Hagerty Consulting, Inc.
Attn: Katie Freeman
Director of Operations
1618 Orrington Avenue, Suite 201 , Evanston, Illinois 60201
847-492-8454 Ext. 119
847-859-1710
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
Service Agreement Standard Form - Federal Funding Page 4 of 8
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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,
RESULT FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT
OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR
MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL AFFORM ENTIONED
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) Termination for Cause. The City may terminate this Agreement for
Contractor's failure to comply with any of the terms of this Agreement. The City
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 may terminate this Agreement immediately thereafter.
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon 30 days advance written notice to the
Contractor. The City 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. In the event of termination for convenience, the
Contractor will be compensated for all Services performed prior to the date of
termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20. Limitation of Liability. Each Party's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall either Party be liable for incidental, consequential or special damages.
21. 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
Service Agreement Standard Form - Federal Funding Page 5 of 8
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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.
22. 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.
23. 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).
24. 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.
25. 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.
26. 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.
27. 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.
28. Federal Funding Requirements. This project is subject to requirements provided for
by relevant federal agencies. A set of Federal Requirements has been attached
as Attachment E, the content of which is incorporated by reference into this
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Agreement as if fully set out here in its entirety. The Contractor must comply with
Attachment E while performing the Services. The Contractor will insert in any
subcontracts all Federal Provisions/Requirements contained in the Agreement,
such other clauses as FEMA, the FAA, or their designees may by appropriate
instructions require and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses.
[Signature Page Follows]
Service Agreement Standard Form - Federal Funding Page 7 of 8
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
CONTRACTOOCUSigned by:
Signature:
Printed Name: Brad Grining
Title: chief operating officer
Date: 10/27/2021
CITY OF CORPUS CHRISTI
Josh Chronley
Assistant Director, 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 C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. N/A
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form - Federal Funding Page 8 of 8
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
ATTACHMENT A - SCOPE OF WORK
General Requirements
The Contractor shall advise and assist with evaluating, planning,
management, and execution of the City's allocation of Emergency Rental
Assistance funding from the U.S. Department of Treasury. The program is to
assist households that are unable to pay rent and utilities due to the COVID-
19 pandemic.
Grant Administration services must be performed in compliance with the
City of Corpus Christi award terms and Section 501 of Division N of the
Consolidated Appropriations Act, 2021 , Pub. L. No. 116-260 (Dec. 27, 2021 )
(the Act).
Scope of Work
A. Coordinate and manage the program at various stages of implementation
with the Grant Monitoring Department. Interact effectively with local
officials, City staff and staff members of state and federal agencies through
written memos, emails, formal letters, and telephone conversations.
B. Accurately monitor and report on project performance to senior
management.
C. Propose an assistance payment process facilitating the transfer of funds
from the City to the landlord or tenant and facilitate implementation.
D. Create and follow program-specific checklists, standard operating
procedures and guidelines meeting federal, state, and local requirements.
E. Develop and implement web-based application and workflow platform in
English and Spanish with alternate application process for those without
internet access.
F. Perform outreach efforts to reach target populations.
G. Review applications and determine eligibility per grant requirements.
H. Prevent duplication of benefits.
I. Provide reports and dashboards to the City.
J. Develop, maintain, and submit all necessary documentation per grant
requirements.
K. Develop and submit all necessary grant reporting forms to the City.
L. Ensure program compliance. Ensure all public notification and required
policies and procedures including cross-cutting regulations are submitted.
M. Manage audit and grant close out process.
N. Actively manage project schedules, working with numerous deadlines and
"trigger" events.
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
O. Interpret government publications and regulations as they pertain to
project implementation.
P. Provide guidance to City throughout the project, as needed, including
ensuring staff availability to answer question at City Council meetings in
person or virtually.
Work Site and Conditions
The work shall be performed off site as an independent contractor. Any
travel expenses are included in the hourly rate.
Special Instructions
Contractor shall submit monthly reports to the Contact Administrator
summarizing the amount of time expended and describe activities
undertaken during the previous month.
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
ATTACHMENT B - PRICING SCHEDULE
SC
G�
CITY OF CORPUS CHRISTI
Pricing Form
hORPRAt
xs5a
GRANT ADMINISTRATOR SERVICES OF
EMERGENCYRENTAL ASSISTANCE - TREASURY
DATE: 1012712021 F�0,cui
gned by:
Hagerty consulting
PROPOSING COMPANY A AJOW SIGNATURE
DESCRIPTION QTY UNIT TOTAL PRICE
Grant Administrator Services of
Emergency Rental Assistance-Treasury 1 Year Lump Sum $1,170,565.00
This contract is not to exceed $1 ,170,565.00 and must be in accordance with the
attached Rate Table and Timeline.
Docusign Envelope ID:OB4B3726-776D-4E46-9482-OE8A71641340D
RATE TABLE AND TIMELINE
�� �► MEMO
H
I
To:Jennifer Buxton,Assistant Director, Neighborhood Services,City of Corpus Christi
From: Katie Freeman, Director of Operations, Hagerty Consulting, Inc.
Copy: Mark O'Mara, Director of Recovery, Hagerty Consulting, Inc.
Date:August 9,2021
Re: Support for Emergency Rental Assistance 2 Program
Hagerty Consulting is currently supporting the City of Corpus Christi in the implementation of the Emergency
Rental Assistance (ERA)1 Program. Hagerty's current contract, Service Agreement No. 3557 for Grant
Administrator Services of Emergency Rental Assistance—Treasury, included pricing for services associated
with ERA1. Similar to ERA1, Hagerty's services provided under ERA2 will include:
Coordinating and managing ERA2 at various stages of implementation with the Grant Monitoring
Department.
Interacting with local officials, City staff, and staff members of state and federal agencies through
written memos,emails, formal letters, and telephone conversations.
Monitoring and reporting on overall project performance.
Updating program-specific checklists, standard operating procedures, and guidelines to meet
federal,state, and local requirements.
Maintaining the web-based application and workflow platform in English and Spanish with alternate
application process for those without internet access.
Providing public marking and outreach content and support City outreach efforts to target
populations.
Reviewing applications and determine eligibility per grant requirements and prevent duplication of
benefits.
Developing, maintaining, and submitting necessary documentation per grant requirements.
Developing and submitting all necessary grant reporting forms to the City.
Managing audit and grant closeout processes.
Interpreting government publications and regulations as they pertain to project implementation.
Providing guidance to the City throughout the project, as needed.
Hagerty's price structure includes the labor categories, hourly rates, and estimated level of effort for
sustainment of the Hagerty team. Hagerty assumes the overall period of performance associated with ERA2
1618 ORRINGTON AVE, SUITE 201
EVANSTON, IL 60201
847.492.8454
WWW.HAGERTYCONSULTING.COM
CHICAGO I WASHINGTON D.C. I AUSTIN I NEW YORK CITY I SACRAMENTO I HICKORY
Docusign Envelope ID:06463726-776D-4E46-9462-OE8A71641340D
Program Implementation will be for one year. Hagerty assumes all payment terms and conditions contained
in the prime contract will apply to the administration of the ERA2 Program.
Price Proposal for Ongoing Support Under ERA2
Personnel and Role Hourly Rate Hours Total
Project Manager $175.00 650 ' $113,750.00
Subject Matter Expert $225.00 20 ; $4,500.00
Project Advisor $205.00 25 ' $5,125.00
Project Advisor $175.00 50 ; $8,750.00
Program Design and Training Lead $140.00 520 ' $72,800.00
System Development Lead $225.00 80 ; $18,000.00
User Portal Lead $180.00 80 $14,400.00
Internal Platform Lead $180.00 80 ; $14,400.00
Intake and Application Management Lead $140.00 1560 ' $218,400.00
Program Outreach Lead $140.00 1560 ! $218,400.00
Case Manager $75.00 1560 ; $117,000.00
Case Manager $75.00 1560 $117,000.00
Case Manager $75.00 1560 i $117,000.00
Case Manager $75.00 1560 ; $117,000.00
Program Outreach Lead $135.00 104 $14,040.00
10,969 i $1,170,565.00
1618 ORRINGTON AVE, SUITE 201
EVANSTON, IL 60201
847.492.8454
WWW.HAGERTYCONSULTING.COM
CHICAGO WASHINGTON D.C. I AUSTIN NEW YORK CITY I SACRAMENTO I HICKORY
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
ATTACHMENT C - INSURANCE REQUIREMENTS
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 Administer 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 all applicable policies. 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.
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions) (Defense costs not included in
face value of the policy)
If claims made policy, retro date
must be prior to inception of
agreement, have extended
reporting period provisions and
identify any limitations regarding
who is insured.
CYBER LIABILITY $1,000,000 Per Occurrence
$1 ,000,000 Aggregate
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
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CRIME/EMPLOYEE DISHONESTY $500,000 Per Claims Made
Contractor shall name the City of Limit Requirement May Be Subject to
Corpus Christi, Texas as Loss Payee Change Based on Actual Annual
Maximum Funds Administered.
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;
• 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,
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.
2021 Insurance Requirements
Ins. Req. Exhibit
Housing and Community Development- Grant Monitoring Service - Emergency Rental Assistance
03/15/2021 Risk Management - Legal Dept.
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
ATTACHMENT D - WARRANTY REQUIREMENTS
No warranty is required is required for this agreement.
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D EDERAL REQUIREMENTS
OMB Approved No.: 1505-0266
Expiration Date: 7/31/21
U.S. DEPARTMENT OF THE TREASURY
EMERGENCY RENTAL ASSISTANCE
Recipient name and address: DUNS Number: [Recipient to provide]
[Recipient, to provide] Taxpayer Identification Number: [Recipient to
provide]
Section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260
(Dec. 27, 2020) authorizes the Department of the Treasury("Treasury") to make payments to
certain recipients to be used to provide emergency rental assistance.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Authorized Representative:
Title: [To be signed by chief executive officer if recipient is a local government.]
Date signed:
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
U.S. DEPARTMENT OF THE TREASURY
EMERGENCY RENTAL ASSISTANCE
1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award
may only be used for the purposes set forth in Section 501 of Division N of the Consolidated
Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section
501").
2. Repayment and reallocation of funds.
a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined
by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and
by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury.
b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and
shall be subject to the availability of funds at such time.
3. Availability of funds.
a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award
shall remain available only through December 31,2021,unless,in the case of a reallocation
made by Treasury pursuant to section 501(d), Recipient requests and receives from
Treasury an extension of up to 90 days.
b. Any such requests for extension shall be provided in the form and shall include such
information as Treasury may require.
c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to
Treasury in the manner specified by Treasury.
4. Administrative costs.
a. Administrative expenses of Recipient may be treated as direct costs,but Recipient may not
cover indirect costs using the funds provided in this award, and Recipient may not apply
its negotiated indirect cost rate to this award.
b. The sum of the amount of the award expended on housing stability services described in
Section 501(c)(3) and the amount of the award expended on administrative expenses
described in Section 501(c)(5) may not exceed 10 percent of the total award.
5. Reporting.
a. Recipient agrees to comply with any reporting obligations established by Treasury,
including the Treasury Office of Inspector General, as relates to this award, including
but not limited to: (i) reporting of information to be used by Treasury to comply with its
public reporting obligations under section 501(g) and (ii) any reporting to Treasury and
the Pandemic Response Accountability Committee that may be required pursuant to
section 15011(b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security
Act (Pub. L. No. 116-136), as amended by Section 801 of Division O of the Consolidated
Appropriations Act, 2021 (Pub. L. No. 116-260). Recipient acknowledges that any such
information required to be reported pursuant to this section may be publicly disclosed.
b. Recipient agrees to establish data privacy and security requirements as required by Section
501(g)(4).
2
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
6. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to support compliance
with Section 501(c) regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive
guidance regarding such requirements. Recipient also agrees to comply with all other
applicable federal statutes, regulations, and executive orders, and Recipient shall provide
for such compliance in any agreements it enters into with other parties relating to this
award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F —Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25 and
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),2 C.F.R.Part 180 (including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters,pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
3
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
c. Statutes and regulations prohibiting discrimination applicable to this award, include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's
implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the
grounds of race, color, or national origin under programs or activities receiving
federal financial assistance;
ii. The Fair Housing Act,Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
national origin, sex,familial status,or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicap under any program or activity
receiving or benefitting from federal assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments
or instrumentalities or agencies thereto.
9. False Statements. Recipient understands that false statements or claims made in connection
with this award may result in fines, imprisonment, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.
10. Publications. Any publications produced with funds from this award must display the
following language: 'This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
11. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are not repaid by Recipient as may be required by Treasury pursuant to Section
501(d) shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment, unless other satisfactory arrangements have been
made. Interest, penalties, and administrative charges shall be charged on delinquent
debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer
any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal
Service for debt collection services.
c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or
such other higher rate as authorized by law. Administrative charges, that is, the costs
of processing and handling a delinquent debt, shall be determined by Treasury.
4
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
d. Funds for payment of a debt must not come from other federally sponsored programs.
12. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way constitute an agency
relationship between the United States and Recipient.
13. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee as a reprisal for disclosing information to any of the list
of persons or entities provided below that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
ill. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; and/or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
14. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and
enforce on-the-job seat belt policies and programs for their employees when operating
company-owned, rented or personally owned vehicles.
15. Reducing Text Messa dung While Driving. Pursuant to Executive Order 13513, Recipient
should encourage its employees, subrecipients, and contractors to adopt and enforce policies
that ban text messaging while driving, and Recipient should establish workplace safety
policies to decrease accidents caused by distracted drivers.
5
Emergency Rental Assistance
\ / CORV OS cHRI IT'
• U.S. Department of the Treasury has
awarded $7,808,211 to the City of
Corpus Christi for emergency rental
assistance from the American Rescue
Plan Act 2021 (ERA2)
• 1,314 applications anticipated to be
funded based on $5,051 average
• This is the second award. The first was
for $9,868,157.30 (ERA1)
i
Emergency Rental Assistance 1
CORPUS CHRISTI
• Online application system went live July 1, 2021
• 1,033 tenants have been approved for $5,217,193 for rent and
utilities — 53% of the total
• Average assistance per tenant is $5,051
Household Qualifications
0--or EORPOS CXRISTS
• Someone in the household
qualified for unemployment
benefits or experienced a reduction
in income, incurred significant
costs, or experienced other financial
hardship due to COVID-19 t rn
• Household can demonstrate a risk
of homelessness or housing
instability
• Household income is at or below
80% of the area median
3
Available Assistance
/ coxvus cxxcsrx
• Rent
• Utilities ,r/ -�K I;::
• Security deposits Fs 4 1x!7.`0
• Rental fees ,!c�
• Late fees
• Internet service
• Payments can be made for 18
months 80526
. ��;� 2
Payments can be made to landlords ;;" A FINALNOTICE
and tenants f
4
Service Agreement
�`-/ EORP�OS CXRISTS
• Award one-year service agreement with Hagerty Consulting Inc.
• Time and materials not to exceed $1,170,565
• Includes online platform, call center, case managers at La Retama
Library, application processing, quality assurance and procedures to
maintain compliance with rules and regulations
• Successful implementation of ERA1
5
Benefits of Service Agreement
\ / CORV OS cHRI IT'
• Without Service Agreement, implementation falls to City staff or
nonprofit
• No organization has the capacity to address the volume of applications
• Volume requires an online application processing system
• Additional City staff would be required to continue the program
• Without Service Agreement, program implementation would return to
program design phase