HomeMy WebLinkAboutAgenda Packet City Council - 11/16/2021 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street
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\ Meeting Agenda - Final-revised
City Council
Tuesday, November 16,2021 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 David Bendett, Rock City Church.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Rebecca Simpson, W.B. Ray High School student.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E. Proclamations /Commendations
1. 21-1633 Proclamation declaring November 16, 2021 as "Tom Schmid Day".
Proclamation declaring November 13 - 21, 2021 as "National Hunger&
Homelessness Awareness Week".
Presentation for The Biggest Heart Challenge Trophy.
Swearing-In Ceremony for Newly Appointed Board, Commission,
committee and Corporation Members.
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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 Botanical Gardens & Nature Center Presentation by Michael
Womack, Executive Director & Horticulturist
H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
a. Fourth Quarter 2021 Budget & Finance Report
b. American Rescue Plan City Projects' Update
C. Republic Services Recycling Center Tour on National Recycling Day
d. Holiday Closures
I. BOARD &COMMITTEE APPOINTMENTS: (NONE)
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 2 - 23)
2. 21-1614 Approval of the November 9, 2021 Regular Meeting Minutes.
sponsors: City Secretary's Office
Consent-Second Reading Ordinances
3. 21-1213 Ordinance authorizing the execution of the First Amended Lease and
Operating Agreement with Texas State Aquarium Association to adjust the
term to 20 years from the effective date of this amendment and provide up
to $3,000,000.00 for construction of new Wildlife Rescue Center.
sponsors: Finance &Procurement
4. 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
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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
5. 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
6. 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
7. 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
8. 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
9. 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
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Unified Development Code; requiring a sanitary sewer connection
agreement.
Sponsors: Development Services
10. 21-1516 Ordinance abandoning and vacating a 15-foot-wide, by approximately
69.29-feet long (1,039 sq. ft.) portion of an existing 15-foot-wide easement
out of Joslin Tracts, Block 2, Lots 6, located at 7602 South Padre Island
Drive.
Sponsors: Development Services
11. 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
12. 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
13. 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
14. 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
Consent-Public Safety First Reading Ordinances
15. 21-1606 Ordinance authorizing acceptance of a grant from State Farm Insurance in
an amount of$10,000.00 for the Police Department Crime Reduction Unit
to purchase supplies used to promote and support Neighborhood on
Watch groups throughout Corpus Christi; and appropriating $10,000.00 in
the Police Grants Fund.
Sponsors: Police Department
16. 21-1615 Ordinance authorizing acceptance of a grant from State Farm Insurance in
an amount of$10,000.00 for the Auto Burglary and Auto Theft Holiday
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Public Awareness Campaign which educates the community on the
prevention of auto burglaries and auto theft; and appropriating $10,000.00
in the Police Grants Fund.
sponsors: Police Department
Consent- Contracts and Procurement
17. 21-1601
Motion authorizing the lease-purchase, via JP Morgan, of three 2022
medic units and the cash purchase of one 2022 medic unit all from
McCall-F, Inc., dba Sterling McCall Ford, of Houston, Texas, based on the
cooperative purchasing agreement with Local Government Purchasing
Cooperative dba BuyBoard, for a total amount of$1,132,973.56, effective
upon issuance of letter of acceptance, with FY 2022 funding in the amount
of$303,772.18 available through the General Fund.
sponsors: Fire Department and Finance & Procurement
18. 21-0820 Motion authorizing a five-year service agreement with EMR Elevator, Inc. of
Arlington, Texas in an amount not to exceed $ 903,263.00 for elevator,
escalator, dumbwaiter and wheelchair lift preventive maintenance program
and preexisting repairs, via The Interlocal Purchasing System (TIPS)
Cooperative effective upon issuance of notice to proceed, with FY 2022
funding in an amount not to exceed $150,660.50 available in the Asset
Management - Facilities Fund.
sponsors: Asset Management Department and Finance & Procurement
19. 21-1440 Motion authorizing a one-year service agreement with ProTech
Mechanical, Inc. of Corpus Christi, Texas, to replace the HVAC main
trunkline duct and components for the Aircraft Rescue and Fire Fighting
(ARFF) station located at the Corpus Christi International Airport (CCIA) in
the amount of$68,174.00 with FY2022 funding available from the Airport
Fund.
sponsors: Aviation Department and Finance &Procurement
20. 21-1504 Motion authorizing a five-year service agreement with Freeit Data
Solutions of Austin, Texas, in an amount of$201,636.22 for uninterruptible
power supply professional services, batteries, hardware and support and
maintenance for five-years effective upon issuance of a notice to proceed,
with FY 2022 funding available in the Information Technology Fund.
sponsors: Information Technology Services and Finance &Procurement
21. 21-1468 Motion authorizing a one-year supply agreement with two additional
one-year options with Waller County Asphalt, Inc. of Hempstead, Texas, for
all-weather asphalt mix material for the Public Works Department, for an
estimated amount of$208,935.00 and a potential cost of$632,805.00 if
options are exercised, with FY 2022 funding in an amount not to exceed
$191,523.75 available through the Street Maintenance Fund.
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Sponsors: Public Works/Street Department and Finance &Procurement
Consent- Capital Projects
22. 21-0911 Motion authorizing the award of a professional services contract to
Kimley-Horn, Austin, Texas, to provide design, bid, and construction phase
services for the Bill Witt Park Pool and Facility Design in an amount of
$798,000.00, located in Council District 5, with FY 2022 funding available
from the Parks and Recreation Bond 2020 Fund.
Sponsors: Engineering Services, Parks and Recreation Department and Finance &
Procurement
General Consent Items
23. 21-1616 Resolution authorizing the name change of the Public Works Department
Building #21 to the Richard E. Martinez Public Works Facility in honor of
the late Public Works Department Director, Richard E. Martinez.
Sponsors: Public Works/Street Department
L. RECESS FOR LUNCH
M. PUBLIC HEARINGS: (ITEMS 24 - 27)
24. 21-1501 Zoning Case No. 0921-03, MVR Construction Company: (District 5)
Ordinance rezoning a property at or near 3538 Airline Road from the "FR"
Farm Rural District to the "RM-3" Multifamily District. (Planning
Commission and Staff recommend Approval)
Sponsors: Development Services
25. 21-1502 Zoning Case No. 0921-01, Richard Jurach, Jerry Jurach, Patricia Hunt, and
Paula Carter: (District 5) Ordinance rezoning property at or near 3942
Cimarron Boulevard from the "FR" Farm Rural District to the "RM-2"
Multifamily District. (Planning Commission and Staff recommend denial of
"RM-2" Multifamily District in lieu thereof"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
26. 21-1520 Ordinance exempting Country Acres, Lots 4A& 4B, east of FM 1889 and
north of CR 48, from the payment of a not to exceed amount of $3,676.14 for
the wastewater lot or acreage fee under Section 8.5.2.G.1 of the Unified
Development Code; requiring a sanitary sewer connection agreement.
(Planning Commission and staff recommend denial of fee waiver)
Sponsors: Development Services
27. 21-1524 Ordinance exempting Drillen Subdivision, west of CR 73 and north along
FM 624, from the payment of the wastewater lot or acreage fee under
Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary
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sewer connection agreement.
Sponsors: Development Services
N. INDIVIDUAL CONSIDERATION ITEMS:
O. FIRST READING ORDINANCES: (ITEMS 28 -29)
28. 21-1525 Ordinance ratifying a partial postponement until January 1, 2022, of the
effective date of Ordinance No. 032551 by amending the implementation
date for a disposal fee increase made applicable to waste haulers with
City disposal contracts.
Sponsors: Solid Waste Operations
29. 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; an industrial district affidavit upon installing, repairing,
or replacing a reduced pressure backflow preventer or an air gap; annual
backflow preventer testing; and providing for penalty.
Sponsors: Utilities Department
P. BRIEFINGS: (ITEM 30)
30. 21-1620 Briefing from Flatiron/Dragados on the Harbor Bridge Replacement
Project
Sponsors: Public Works/Street Department
Q. EXECUTIVE SESSION: (ITEMS 31 -32)
31. 21-1623 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to the ON Stevens Water
Treatment Plant Basins Improvement Project, Texas Local Government
Code Chapter 252, Texas Government Code Chapter 2269, contracting
provisions relating to responsiveness and responsibility of bidders, prior
performance of bidders on the aforementioned project, prior litigation to
which said bidders or related entities are a party, including, but not limited
to MWH Constructors, Inc. vs. Tarrant Regional Water District, MWH
Constructors Inc vs. Houston Area Water Corporation, City of Escondido
vs. MWH Americas, Inc.
32. 21-1626 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to a potential Interlocal
Cooperation Agreement for Remote Magistration with the Texas Office of
Court Administration and ordinances and statutes related to said activity
and agreement, and other legal issues related to municipal court
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operations, magistrations, and other activities involving the administration
of court cases.
R. ADJOURNMENT
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Meeting Minutes
City Council
Tuesday, November 9,2021 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 Rob Bailey, Southside Community Church.
Pastor Rob Bailey, Southside Community Church, gave the invocation.
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.
Juan Borrego, Roy Miller 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: City Manager Peter Zanoni, 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. 21-1612 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.
The Proclamations and Commendation were presented.
F. PUBLIC COMMENT
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Mayor Guajardo opened the public comment period.
Shirin Delsooz, 6030 Tapestry, called in regarding safer bike paths.
Lydia Ponce, Venice, CA, called in opposition to the desalination plant.
Jack Gordy, 4118 Bray Dr., stated that the City is wasting taxpayer dollars by sending
duplicate certified letters.
Robert Hans, 2901 Ocean Dr., spoke regarding a more flexible process for court
payments.
The following citizens spoke regarding educating the public about early treatment
protocols for COVID-19: Miguel Briseno, 314 Caribbean Dr.; Candice McDonald, 7925
Chachalaca St.; Samuel Aundra Fryer, 2222 Cardinales Lane; Catherine Barnes, 520 S.
Chaparral St.; and Mary Wilson, 602 Sorrell St.
The following citizens submitted written public comments which are attached to the
minutes: Felipe Garcia, 2510 County Rd. 33; Anneliese Fryer, 2222 Cardinales Lane;
Daniel Davis, 3029 Cedar Springs Rd.; and Allyson Gleason, 2222 Dorchester Dr.
G. South Texas Military Task Force Briefing by Captain Christopher "TJ" Jason,
Naval Air Station Corpus Christi
Captain Christopher "TY Jason provided a brief update on the South Texas Military Task
Force as follows: community partnership update, DEAAG funding grant and being
reviewed by the National level for a potential National level Navy award.
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.
Mayor Guajardo deviated from the agenda and referred to Item 20.
Director of Intergovernmental Relations Tammy Embrey presented information on the
DEAAG proposed project.
There were no comments from the Council.
Council Member Pusley made a motion to approve the resolution, seconded by Council
Member Hunter. This Resolution was passed and approved with the following vote:
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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
Enactment No: 032596
H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
a. Fourth Quarter FY 2021 Budget Report
This item was postponed until November 16, 2021.
b. City Health Department Transition Update
City Manager Peter Zanoni reported on the City Health Department transition. The City
team is meeting with the County Attorney and County Auditor weekly. The transition plan
includes the following: grant funding; comparative analysis; asset management;
communication and public relations; creating a list of health care professionals; no
interruption in health services; and the transition will be gradual and may go beyond
January 18, 2022. Director of Health Annette Rodriguez will continue to provide
COVID-19 updates.
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
President and CEO at the United Way of the Coastal Bend Libby Averyt presented
information on the following topics: campaign kickoff; campaign impact; and campaign
logistics.
d. Upcoming Buenos Dias event at City Hall presented by Efrain Franco,
Membership Engagement Director of United Corpus Christi Chamber of
Commerce
Membership Engagement Director of United Corpus Christi Chamber of Commerce
Efrain Franco stated that the Buenos Dias event at City Hall will take place on Tuesday,
November 16, 2021 from 7:30 a.m. to 8:30 a.m. Kolaches will be provided from
Comanche Cafe.
e. Overview of Hammons Employment Leadership Programs (HELP) presented by
Dr. Ridge Hammons, Executive Director of HELP
Executive Director of Hammons Employment Leadership Programs (HELP) Dr. Ridge
Hammons and Amy Pfeiffer stated that HELP provides onsite, hands-on experience for
students and at risk youth for employment opportunities. A fundraiser will be held at
Brewster Street Icehouse on Wednesday, November 17, 2021.
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f. Recognition of the 2021 Planning Achievement Award for Public Outreach
awarded by the American Planning Association
City Manager Zanoni reported on the 2021 Planning Achievement Award for Public
Outreach awarded by the American Planning Association and recognized the following
individuals: Dan McGinn, Keren Costanzo, Annika Yankee, Amanda Torres, Leane
Heldenfels and Bonnie McLaughlin.
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
Mayor Guajardo referred to Item 2.
Capital Improvements Advisory Committee:
John C. Holmgreen, Jr. (Appointed)
Landmark Commission:
Roslyn Michele Wanzer (Reappointed)
James Pruitt II (Appointed)
Library Board:
Nicole C. Carroll (Reappointed)
Vickie Natale (Reappointed)
Julie Rogers (Reappointed)
Veronica Towns (Reappointed)
Pooja Bindingnavele (Appointed)
Reinvestment Zone No. 2 (Island) Board:
Mayor Paulette Guajardo (Reappointed)
Council Member Roland Barrera (Reappointed)
Council Member Gil Hernandez (Reappointed)
Council Member Michael T. Hunter (Reappointed)
Council Member Billy Lerma (Reappointed)
Council Member John Martinez (Reappointed)
Council Member Ben Molina (Reappointed)
Council Member Mike Pusley (Reappointed)
Council Member Greg Smith (Reappointed)
Brent Chesney (Reappointed)
Council Member Greg Smith (Appointed as Chairman)
Reinvestment Zone No. 4 (North Beach) Board:
Mayor Paulette Guajardo (Reappointed)
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Council Member Billy Lerma (Reappointed)
Council Member Mike Pusley (Reappointed)
Steve Banta (Reappointed)
Jesse Gilbert (Appointed)
Council Member Billy Lerma (Appointed as Chairman)
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3 - 21)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items
3, 13, 15, and 19 be pulled for individual consideration.
A motion was made by Council Member Lerma, seconded by Council Member Smith to
approve the Consent Agenda with the exception of Items 3, 13, 15, and 19. 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
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.
Mayor Guajardo referred to Item 3.
Council Members, Assistant City Manager Steve Viera and City Manager Peter Zanoni
discussed the following topics: if the City does not get the grant, then the County Health
District will get the grant; a Council Member's concern that the City needs to coordinate
with the County on a plan; and the County is requesting an extension to transition.
Council Member Pusley made a motion to approve the ordinance, seconded by Council
Member Smith. This Ordinance was passed on emergency and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Abstained: 1 - Council Member Hernandez
Enactment No: 032593
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4. 21-1557 Approval of the October 26, 2021 Regular Meeting Minutes.
The Minutes were approved on the consent agenda.
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.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032594
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.
This Ordinance was passed on first reading on the consent agenda.
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.
This Ordinance was passed on first reading on the consent agenda.
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.
This Ordinance was passed on first reading on the consent agenda.
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
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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.
This Ordinance was passed on first reading on the consent agenda.
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.
This Motion was passed on the consent agenda.
Enactment No: M2021-201
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.
This Motion was passed on the consent agenda.
Enactment No: M2021-202
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.
This Resolution was passed on the consent agenda.
Enactment No: 032595
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.
Mayor Guajardo referred to Item 13.
A Council Member, Director of Asset Management Charles Mendoza and Assistant
Director of Contracts and Procurement Josh Chronley discussed the following topics: in
response to a Council Member's concern about only having one bidder for this item, staff
City of Corpus Christi Page 7 Printed on 1111212021
City Council Meeting Minutes November 9,2021
stated that Certified Collision Works was the only responsive bidder.
Council Member Hernandez made a motion to approve this motion, seconded by Council
Member Lerma. This Motion was passed and approved with 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
Enactment No: M2021-203
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 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.
This Motion was passed on the consent agenda.
Enactment No: M2021-204
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.
Mayor Guajardo referred to Item 15.
Council Member Molina made a motion to approve this motion, seconded by Council
Member Pusley. This Motion was passed and approved with 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
Enactment No: M2021-205
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,
City of Corpus Christi Page 8 Printed on 1111212021
City Council Meeting Minutes November 9,2021
and Capital Funds.
This Motion was passed on the consent agenda.
Enactment No: M2021-206
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.
This Motion was passed on the consent agenda.
Enactment No: M2021-207
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.
This Motion was passed on the consent agenda.
Enactment No: M2021-208
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.
Mayor Guajardo referred to Item 19.
Council Members and Director of Solid Waste David Lehfeldt discussed the following
topics: a Council Member was opposed to funding the project with Certificates of
Obligation; a Council Member would like other locations to be considered; and staff
believes that this is an ideal location for the compost facility because it is adjacent to the
landfill facility and there are no residential neighborhoods nearby.
Council Member Barrera made a motion to approve the motion, seconded by Council
Member Hunter. This motion was passed and approved with the following vote: Mayor
Guajardo, Council Members Lerma, Molina, Barrera, Smith, Martinez, Pusley and Hunter
voting-yes; and Council Member Hernandez voting-no.
Council Member Barrera made a motion to reconsider this item to make sure the whole
Council feels comfortable with this location, seconded by Council Member Martinez. The
motion to reconsider was passed and approved with the following vote: Mayor Guajardo,
Council Members Lerma, Molina, Barrera, Martinez, Pusley and Hunter voting-yes; and
City of Corpus Christi Page 9 Printed on 1111212021
City Council Meeting Minutes November 9,2021
Council Members Hernandez and Smith voting-no.
Council Member Barrera made a motion to table this item, seconded by Council Member
Hunter. This Item was tabled with 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
General Consent Items
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.
This Resolution was passed on the consent agenda.
Enactment No: 032597
L. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:55 p.m. Mayor Guajardo
reconvened the meeting at 2:39 p.m.
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)
Mayor Guajardo referred to Item 22.
Assistant Director of Development Services Nina Nixon-Mendez presented information
on the following topics: aerial overview; site plan; zoning pattern and adjacent
development; land use; public notification; planning commission and staff recommend
denial of the Cl District in lieu approval of the RS-6/SP; and utilities.
Council Members, Assistant Director Mendez and City Manager Peter Zanoni discussed
the following topics: all of the properties are currently owned by the Ed Rachal
Foundation and will be leased by the City; the purpose of the rezoning request is to allow
for a parking lot for a new City facility; and the parking lots will be lit and fenced to
increase safety for the homes in that area.
City of Corpus Christi Page 10 Printed on 1111212021
City Council Meeting Minutes November 9,2021
Mayor Guajardo opened the public hearing.
Priscilla Rivera, 502 19th St., spoke regarding her concern that homeowners were being
pressured to sell their homes by the foundation.
Senior Project Manager with the Ed Rachal Foundation Taylor Hunt stated that he spoke
to many of the homeowners, who voluntarily agreed to sell their homes and the foundation
paid over market value for them.
Council Members and City Manager Zanoni discussed the following topics: this property
will provide space for the police department, engineering department, public works
administrative staff, Neighborhood Services, the 311 Call Center, and meeting space for
the community; and the plan is to build a brand new building with the same lease terms
and square footage.
Mayor Guajardo closed the public hearing.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with 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
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.
Mayor Guajardo referred to Item 23.
Assistant Director of Development Services Nina Nixon-Mendez presented information
on the following topics: vicinity map; aerial overview; 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 Pusley made a motion to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on first reading and approved with the
following vote:
City of Corpus Christi Page 11 Printed on 1111212021
City Council Meeting Minutes November 9,2021
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
24. 21-1516 Ordinance abandoning and vacating a 15-foot-wide, by approximately
69.29-feet long (1,039 sq. ft.) portion of an existing 15-foot-wide easement out of
Joslin Tracts, Block 2, Lots 6, located at 7602 South Padre Island Drive.
Mayor Guajardo referred to Item 24.
Assistant Director of Development Services Nina Nixon-Mendez presented information
on the following topics: vicinity map; aerial overview; and staff recommends approval.
Assistant Director Mendez stated that there was an error in the Ordinance and requested
that the Ordinance be amended.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Pusley made a motion to approve the ordinance, seconded by Council
Member Hunter.
Council Member Pusley made a motion to amend the ordinance in Section 1 to read
1,039 square feet instead of 1,946 square feet, seconded by Council Member Smith and
passed unanimously.
Council Member Hernandez made a motion to approve the ordinance as amended,
seconded by Council Member Smith. This Ordinance was passed on first reading as
amended and approved with the following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Lerma, Council Member Martinez, Council Member Pusley and
Council Member Smith
Absent: 1 - Council Member Molina
Abstained: 0
N. INDIVIDUAL CONSIDERATION ITEMS: None
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
City of Corpus Christi Page 12 Printed on 1111212021
City Council Meeting Minutes November 9,2021
subdivisions with two lots or less.
Mayor Guajardo referred to Item 25.
Assistant Director of Development Services Nina Nixon-Mendez presented information
on the following topics: recent contracts; ordinance language; and staff recommends
approval.
Council Members, Assistant Director Mendez and Director of Development Services Al
Raymond discussed the following topics: a Council Member's concern that the City
Manager was the sole approver to execute water service contracts for subdivisions with
two or less commercial lots.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Hunter made a motion to approve the ordinance, seconded by Council
Member Pusley. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Nay: 1 - Council Member Hernandez
Abstained: 0
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; an industrial district affidavit upon installing, repairing, or replacing a
reduced pressure backflow preventer or an air gap; annual backflow preventer
testing; and providing for penalty.
Mayor Guajardo referred to Item 26.
Assistant Director of Water Quality and Treatment Gabriel Ramirez presented
information on the following topics: City Code Chapter 55-96 language.
A Council Member, Assistant Director Ramirez, City Manager Peter Zanoni, Chief
Operations Officer for Water Utilities Mike Murphy and City Attorney Miles Risley
discussed the following topics: a Council Member's concern that the City should not be
involved in installing and repairing equipment that does not belong to the City, therefore
sections c, d and a should be struck from the ordinance. City Manager Zanoni said the
sections would be struck from the second reading.
City of Corpus Christi Page 13 Printed on 1111212021
City Council Meeting Minutes November 9,2021
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Pusley made a motion to table the ordinance, seconded by Council
Member Lerma. This Ordinance was tabled and approved with 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
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.
Mayor Guajardo referred to Item 27.
Director of Aviation Kevin Smith stated that Emerald City Cargo is a ground handler for
Southwest Airlines and they moved their cargo operations into the terminal.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed public comment.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on first reading and approved with 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
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.
Mayor Guajardo referred to Item 28.
City of Corpus Christi Page 14 Printed on 1111212021
City Council Meeting Minutes November 9,2021
Senior Management Analyst Randy Almaguer stated that this item was approved by Type
A Board last month.
Assistant General Manager of the Corpus Christi Hooks Brady Ballard presented
information on the following topics: Type A fund scope of work; PDL requirement; field
lighting requirement; field lighting scope of work; clubhouse renovation scope of work;
women's personnel clubhouse requirement; women's clubhouse renovation scope of
work; and visitor's clubhouse requirement; and visitor's clubhouse renovation scope of
work.
Council Members and Assistant General Manager Ballard discussed the following topics:
LED lighting will improve energy efficiency and provide better illumination; the addendum
relates only to this project; and the improvements will not prevent any athletes to play on
the field.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Lerma made a motion to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
Abstained: 1 - Council Member Hernandez
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.
Mayor Guajardo referred to Item 29.
Assistant Director of Neighborhood Services Jennifer Buxton presented information on
the following topics: emergency rental assistance; household qualifications; available
assistance; service agreement; and benefits of service agreement.
Council Members, Assistant Director Buxton and Assistant City Manager Neiman Young
discussed the following topics: the first traunch of money was $9.8 Million that was
received in Spring 2021; out of the $9.8 Million, a total of$3.2 Million is left which has to
be expended by September 2022; Hagerty Consulting was the top bidder and the other
City of Corpus Christi Page 15 Printed on 1111212021
City Council Meeting Minutes November 9,2021
bidder did not have the experience needed; the $7.8 Million would be in addition to the
$3.2 Million; Hagerty was bearing the burden of administering the full grant; and this
funding became available on July 1, 2021.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Hernandez made a motion to approve the ordinance, seconded by
Council Member Molina. This Ordinance was passed on first reading and approved with
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
P. BRIEFINGS: None
Q. EXECUTIVE SESSION: None
R. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned the meeting at 4:28 p.m.
City of Corpus Christi Page 16 Printed on 1111212021
Sarah Brunkenhoefer
From: CitySecretary
Sent: Monday, November 8, 2021 10:40 AM
To: Rebecca Huerta
Cc: Sarah Brunkenhoefer; Norma Duran
Subject: FW: [EXTERNAL]Public Input: 11-09-2021 - Felipe Garcia
FYI.
Thank you,
AO gee&�a
Executive Assistant
Office of the City Secretary
City of Corpus Christi
361-826-3105
From:Jotform <noreply@jotform.com>
Sent: Monday, November 8, 202110:32 AM
To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com>
Subject: [EXTERNAL]Public Input: 11-09-2021 - Felipe Garcia
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,e/ Public Comment & Input Form
Date of Meeting 11-09-2021
Name Felipe Garcia
Address Street Address: 2510 County Rd 33
City: Corpus Christi
State/ Province:Texas
Postal/Zip Code: 78415
Topic COVID-19 early protocols
Agenda Item Number 211597
1
Describe Feedback: Please consider the petition for early covid 19
protocols that is being presented. I was infected
with covid a few weeks ago and struggled with it
because the physician I chose was unwilling to
provide me with early ambulatory treatment. He
handed me a prescription and pretty much told me
the antibiotic he gave me would not help me at all.
My wife's Dr on the other hand gave her
hydroxychloroquine and steroid meds to combat
viral load and cytokine inflammation. I ended up in
the hospital getting treatment and she recovered in
our home.What does that tell you?There are many
other cases like this and our governing bodies are
getting in the way of people's health. Dozens of
case studies have shown that early ambulatory
treatments are effective at keeping people out of
the hospital up to 85%. Our physicians should be
more inclined on early treatment instead of"here
are some medicines that won't work, hope you
don't end up in the hospital!" That was pretty much
what they told me.
Provide an email to
receive a copy of your froggyz06vette@yahoo.com
submission.
2
Sarah Brunkenhoefer
From: CitySecretary
Sent: Tuesday, November 9, 2021 8:51 AM
To: Rebecca Huerta
Cc: Norma Duran; Sarah Brunkenhoefer
Subject: FW: Public Input: 11-09-2021 - Anneliese Fryer
FYI.
Thank you,
ffA4 BeAar�a
Executive Assistant
Office of the City Secretary
City of Corpus Christi
361-826-3105
From:Jotform <noreply@jotform.com>
Sent: Monday, November 8, 20219:24 PM
To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com>
Subject: Public Input: 11-09-2021 -Anneliese Fryer
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be/ Public Comment & Input Form
Date of Meeting 11-09-2021
Name Anneliese Fryer
Address Street Address: 2222 Cardinales Ln
City: Corpus Christi
State/ Province:TX
Postal/Zip Code: 78414
Topic Informing & Educating the Public of COVID-19 Early
Treatment Protocols
Agenda Item Number #21-1597
1
Describe Feedback: With the creation of the Health Department,the
City of Corpus Christi has the opportunity to more
effectively accomplish what the Corpus Christi—
Nueces County Public Health District has not. Over
the past 18 months,the Public Health District has
merely echoed the narrative given by the FDA and
CDC, which failed to fully educate the public and
ensure informed consent to the current
experimental gene-transfer/therapy shots that have
not proven effective. The new Health Department
must reverse this by educating the public of early
treatment protocols for COVID-19, which will
reduce infection, spread, symptom severity,
hospitalization and death--as the population
reaches herd immunity. It must critically evaluate
scientific information by leveraging experts in
immunology,vaccinology, epidemiology, and
medical professionals who do not parrot after the
pharmaceutical industry. Its dieticians must
promote healthy lifestyles and it must protect the
quality of life for all residents.
Provide an email to
receive a copy of your anneliese.fryer@gmail.com
submission.
2
Sarah Brunkenhoefer
From: CitySecretary
Sent: Tuesday, November 9, 2021 11:30 AM
To: Rebecca Huerta
Cc: Norma Duran; Sarah Brunkenhoefer
Subject: FW: [EXTERNAL]Public Input: 11-09-2021 - Daniel Davis
FYI.
Thank you,
fTV
Executive Assistant
Office of the City Secretary
p City of Corpus Christi
361-826-3105
From:Jotform <noreply@jotform.com>
Sent:Tuesday, November 9, 202111:18 AM
To:CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com>
Subject: [EXTERNAL]Public Input: 11-09-2021- Daniel Davis
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1t1
Ke,
r=:
Date of Meeting 11-09-2021
Name Daniel Davis
Address Street Address: 3029 Cedar Springs Rd.
City: Corpus Christi
State/ Province:Texas
Postal/Zip Code: 78414
Topic COVID!( Protocols
Agenda Item Number #21-1597
1
Describe Feedback: Please consider this important request. People's
lives are in the balance. Don't be a part of the
maniacal cult not allowing common sense
treatment of safe medicines for home treatments.
Provide an email to
receive a copy of your ddavis2009124 mail coin
submission.
z
Sarah Brunkenhoefer
From: CitySecretary
Sent: Wednesday, November 10, 2021 8:34 AM
To: Rebecca Huerta
Cc: Norma Duran; Sarah Brunkenhoefer
Subject: FW: Public Input: 11-08-2021 - Allyson Gleason
FYI.
Thank you,
ff-)'00 Be am�a
Executive Assistant
Office of the City Secretary
City of Corpus Christi
361-826-3105
From:Jotform <noreply@jotform.com>
Sent: Tuesday, November 9, 20216:34 PM
To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com>
Subject: Public Input: 11-08-2021 -Allyson Gleason
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�I Public Comment & Input Form
Date of Meeting 11-08-2021
Name Allyson Gleason
Address Street Address: 2222 Dorchester Drive
City: Corpus Christi
State/Province: Texas
Postal/Zip Code: 78418
Topic Early Covid Treatments
Agenda Item Number 21-1597
1
Describe Feedback: As it stands, there Appears to be no early treatment
for COVID-19 offered to the citizens of Corpus
Christi.
I am a medical social worker and my hope is to
make a difference that would help launch a positive
change in the way people with COVID-19 are being
treated in its earliest stages.
I work for a local hospital in Corpus Christi and I've
had the unfortunate task to help families with the
loss of their loved one due to COVID-19.
As patients were admitted my job was to interview
family members. All to often families reported
their loved ones had made earlier attempts to
obtain medical help thru the ER and were sent
home with unsuccessful medication treatments
only to return back to the ER with more severe
symptoms.
Patients who were admitted later were either
oxygen dependent on high liter flow,while others
were intubated, and still others died due to
complications of Covid.
Could these deaths been avoided had they been
provided with education and early treatment
options?
Provide an email to
receive a copy of your allysongleason23@gmail.com
submission.
2
so
�o
o� A
H AGENDA MEMORANDUM
WoRPORPg4 First Reading for the City Council Meeting of October 19, 2021
1852 Second Reading for the City Council Meeting of November 16, 2021
DATE: August 26, 2021
TO: Peter Zanoni, City Manager
FROM: Neiman Young, Assistant City Manager
Neimany(d)-cctexas.com
361-826-3898
Heather Hurlbert, CPA, CGFO, Director of Finance & Business Analysis
Heatherh3(a)cctexas.com
361-826-3227
Texas State Aquarium Amended Lease Agreement
CAPTION:
Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with
Texas State Aquarium Association to adjust the term to 20 years from the effective date of this
amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center.
SUMMARY:
This ordinance executing a First Amended Lease and Operation Agreement with Texas State
Aquarium Association (TSAA) restates and replaces in its entirety the prior Lease and Operating
Agreement between the Texas State Aquarium Association and the City of Corpus Christi. The
amendment will extend the lease term for an additional 20 years and provide funding of up to
$3,000,000 in voter-approved general obligation bond funding for the construction of a new
Wildlife Rescue Center.
BACKGROUND AND FINDINGS:
In Bond 2020, Proposition B included $3,000,000 for the City of Corpus Christi to provide leverage
funding to assist the Texas State Aquarium with the construction of the new Texas Center for
Wildlife Rescue and Research. The total cost for the project is $15,000,000, and the remainder
of the funds will come from fundraising by the Texas State Aquarium.
The City of Corpus Christi has a current lease agreement with the TSA. This lease needs to be
amended to provide for the allocation of$3,000,000 for construction of the new Texas Center for
Wildlife Rescue and Research and to extend the lease for an additional 20 years.
Per City Charter, the approval of any lease exceeding 5 years requires 2 readings, no less than
28 days apart with the lease becoming effective on the 61St day after the 2nd reading. In addition,
a notice of the lease must be published within 5 days after each reading. To comply with this
requirement the first reading of the lease ordinance is scheduled for October 12, 2021, the second
reading of the lease ordinance is scheduled for November 9, 2021, and the amended lease will
be effective on January 9, 2022.
ALTERNATIVES:
City Council could choose not to approve the amended Lease and Operating Agreement with
TSA or could make additional recommendations.
FISCAL IMPACT:
The fiscal impact to the City of Corpus Christi is the remittance of up to $3,000,000.00 from
general obligation bond proceeds to the TSA for the construction of a new Texas Center for
Wildlife Rescue and Research. The City plans on issuing bonds in several tranches beginning in
FY 2022. On December 1, 2020, the City Council approved a reimbursement resolution for the
projects approved by the voters for Bond 2020 that included funding to the Texas State Aquarium
for the Texas Center for Wildlife Rescue and Research. The resolution allows the City to begin
expending funds for these projects prior to the issuance of general obligation bonds and can
reimburse itself with bond proceeds for related expenditures.
Section 4 of the amendment between the TSA and the City of Corpus Christi delineates the
process by which the TSA can request funding from the City of Corpus Christi. The TSA may
submit to the City of Corpus Christi's Director of Finance a "certification for payment" for
reimbursement of actual costs related to the Rescue Center in a form outlined in Exhibit E of the
amendment. The City will reimburse the TSA from Bond 2020 Proposition B funds in an amount
up to $3,000,000.00 for construction of the Rescue Center. The agreement stipulates that the
TSA may only submit one "certification for payment" form in each 30-day period. If the TSA fails
to complete construction of the Rescue Center Project within three years of the commencement
date, the City shall notify the TSA in writing of the event of default and provide 60 days from the
date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account
any extenuating circumstances that might have occurred through no fault of the TSA as
determined by the City, the TSA shall immediately repay all funds paid by the City from Bond
2020 Proposition B.
Funding Detail:
Fund: 3296— Park & Rec Bond 2020
Organization/Activity: 21081 —Texas State Aquarium — Rescue Center
Mission Element: 141
Project # (CIP Only): 210813296EXP
Account: 40500
RECOMMENDATION:
City Staff recommends approval of the Amended Lease Agreement.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Redline Copy - Amended Lease of Texas State Aquarium
Amended Lease of Texas State Aquarium (Clean Version)
Ordinance authorizing the execution of the First Amended Lease and Operating
Agreement with Texas State Aquarium Association to adjust the term to 20 years
from the effective date of this amendment and provide up to $3,000,000.00 for
construction of new Wildlife Rescue Center.
Whereas, the City and Texas State Aquarium Association have previously entered into
multiple agreements to acquire and develop the Texas State Aquarium;
Whereas, on November 3,2020, voters in the City of Corpus Christi approved Proposition
B in an amount not to exceed $12,000,000 with priority projects including Texas State
Aquarium Center for Wildlife Rescue and Research and other named projects;
Whereas, the City's Voter's Guide for Bond 2020 stated "The City will provide leverage
funding in the amount of$3M to assist the Texas State Aquarium with the construction of
the new Texas Center for Wildlife Rescue and Research. Total costs for the project is
$15 M and the remainder of the funds will come from fundraising by the Texas State
Aquarium."
Whereas, Texas Local Government Code Section 252.022 provides that a procurement
of items that are available from only one source, including management services provided
by a nonprofit organization to a municipal museum, park, zoo, or other facility to which
the organization has provided significant financial or other benefits and a payment under
a contract by which a developer participates in the construction of a public improvement
as provided by Subchapter C, Chapter 212 are exempt from competitive bidding
requirements;
Be it ordained by the City Council of the City of Corpus Christi, Texas:
SECTION 1. That the City Manager or his designee is authorized to execute First
Amended Lease and Operating Agreement with Texas State Aquarium Association to
extend term and provide up to $3,000,000 for construction of new Wildlife Rescue Center.
A copy of the First Amended Lease and Operating Agreement is on file in the office of the
City Secretary.
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
C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@24138050\@BCL@2413B050.docx
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
C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@24138050\@BCL@2413B050.docx
First Amended Lease-Purchase and Operating Agreement between
Texas State Aquarium Association and City of Corpus Christi
State of Texas §
County of Nueces §
This First Amended Lease-Purchase and Operating Agreement (the "Lease" or "Lease-
Purchase Agreement") dated as of the Commencement Date (as defined herein), amends, restates
and replaces in its entirety that prior Lease and Operating Agreement between Texas State
Aquarium Association and City of Corpus Christi dated Rily 5, 2000.January 18, 2015.
Recitals:
The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or
"Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of
2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and
operates a public aquarium (the "Aquarium" as more specifically defined in Section 3) in Corpus
Christi, Texas, on a nonprofit basis for multiple public purposes including the education and
enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific
knowledge, advancement of interest in marine resources and the study thereof, and promotion of
interest in the Corpus Christi Bay Area for both business and personal pursuits.
The City of Corpus Christi, a Texas home-rule municipal corporation("City"or"Lessor"),
acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard,
Corpus Christi, Nueces County, Texas 78401, is the owner of certain real property in Texas State
Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on
the Rincon Channel ("Sealab Property").
The State Legislature of the State of Texas has designated the Aquarium facility operated
by TSA as the official Aquarium of the State of Texas.
TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner
reflecting favorably upon both TSA and the City while assuring appropriate accountability for all
public monies previously contributed thereto.
The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619,
adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the
acquisition of certain property, improvement to certain property, and the form of lease for certain
property acquired and improved.
Further,the City and TSA j ointly funded the design of the Aquarium pursuant to Ordinance
No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on
Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of
$1,000,000.
https:Hcorpuschristi-my.sharepoint.com/personaFconstancep_cctexas_com/Documents/Jdrive_Migration/Aquarium/Redline City
10.14.21 edits First Amended Lease to 2014 Lease and Operating Agreement.docx
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The City and TSA entered into a Purchase Agreement, whereby TSA would construct the
Aquarium on land it had separately acquired and subsequently convey said land and the completed
Aquarium to the City in consideration of the City's paying the purchase price for such completed
Aquarium,then the City would lease the property back to TSA along with other property acquired
by City for a 20-year lease term for TSA to operate the Aquarium, authorized by Ordinance No.
019674, adopted on June 15, 1987.
The City actually leased the Aquarium Property to TSA by virtue of a lease dated October
5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988,which included a five-year
lease on adjacent subsurface area.
The City subleased certain parking lots, leased by the City from the Texas Department of
Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a
portion of the debt service related to construction of the parking lots by virtue of a lease authorized
by Ordinance No. 021839, adopted on December 21, 1993.
By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on
February 27, 1996, TSA conveyed certain additional real property to the City in consideration of
TSA revenue-backed Certificates of Obligation ("Certificates") in the amount of$4,400,000.
The City and TSA entered into a new 20-year lease covering all of the above referenced
properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27,
2000, providing for the continued occupancy and operation of the Aquarium by TSA until
September 5, 2020.
The City and TSA also entered into multiple other agreements to acquire and develop the
Aquarium, and all such agreements are of public record. TSA die expanded the Aquarium
to construct the Caribbean Building " , as more particularly described below, and in
order to finance such expansion plans TSA requiresd a long-term leasehold interest in the Property,
and both the City and TSA desire to entered into Asa Lease-Purchase Agreement effective January
18, 2015 to provide the option to purchase and extend the other terms, conditions and provisions
of the then-current lease and operating agreement in order to facilitate such expansion plans and
assure the continued maintenance and modernization of the Aquarium on a long-term basis.
The City and TSA further desire to provided for the purchase and re-acquisition of the land
and improvements comprising the Aquarium by TSA conditioned on the faithful performance by
TSA of its obligations under this Lease-Purchase Agreement and continuation of the operation of
an aquarium and sea life park for a minimum of fifty (50)years.
TSA desires to construct new Texas State Aquarium Wildlife Rescue Center on the
Aquarium Property which the Wildlife Rescue Center is depicted on the attached Exhibit C.
On November 3, 2020, voters in the City of Corpus Christi approved Proposition B in an
amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center
for Wildlife Rescue and Research and other named projects.
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The City's Voter's Guide for Bond 2020 stated"The City will provide leverage funding in
the amount of $3M to assist the Texas State Aquarium with the construction of the new Texas
Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder
of the funds will come from fundraising by the Texas State Aquarium."
NOW, THEREFORE, the City and TSA, in consideration of the covenants contained
herein, do mutually agree as follows:
Agreement:
1. Premises. The City leases to TSA all of the property described in the attached and
incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and
incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium
Property" or "Lease Premises") for and in consideration of the covenants and conditions of this
Lease.
2. Term. This Lease-Purchase Agreement is for a term of fFftytwen 0820) years,
commencing on the 61st day after final City Council approval, which is
242022 (the "Commencement Date"), and terminating on
December 31, 2-0042041.
3. Consideration and Permitted Use. The Aquarium Property must be used solely as an
aquarium and sea life park, and rescue center, herein referred to as either "Aquarium" or
"Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such
other concessions as the President may deem consistent with, but secondary to, operation of the
Aquarium, including without limitation participating in fundraising activities.
4. The Project. TSA financed,
designed, built, and currently maintains and operates theme Caribbean Journey building (the
"Caribbean Building")based on plans and specifications approved by the City Manager of the City
(the "Caribbean Building Project"). The Caribbean Building Project
m�tcomplements the e*istiiig Gulf of Mexico Exhibit Building (the "Gulf of Mexico
Building"), in order to further the Aquarium experience in:
• Interpreting the unique biodiversity and culture of the Yucatan region;
• Utilizing state-of-the-art, immersive, interactive aquarium exhibitions;
• Incorporating a multi-sensory 4D-theater experience;
• Adding the capacity and building infrastructure to expand the Aquarium's research and
conservation programs, guest and event services, and catering capabilities.
TSA ewas solely responsible for the design, construction and furnishing of the Caribbean
Building Project and expended an amount not less than $45 million therefor. Tc " hAs f4,r,a„
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The Wildlife Rescue Center Proiect. TSA will finance, design, build, maintain and operate a
new Wildlife Rescue Center on the Aquarium Property (the"Rescue Center"). The Rescue Center
and its location are depicted on the attached Exhibit C. TSA will be solely responsible for the
design, construction and furnishing of the Rescue Center and will expend not less than $15 million
therefor. TSA has full funding available,raised from donors, and from cash reserves. These funds
include $3 million available through _Proposition B of the City 2020 bond election. TSA mayProposition B of the City 2020 bond election. TSA may
submit to the City Director of Finance a Certification for Payment, in the form attached hereto as
Exhibit E for reimbursement of actual costs related to the Rescue Center. The City will reimburse
the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction
of the Rescue Center. TSA may only submit one Certification for Payment in each 30-day period.
The Rescue Center must include a wildlife rescue theater, which must prominently display the
name "City of Corpus Christi Wildlife Rescue Theater."
If TSA fails to complete construction of the Rescue Center Project within three years of the
Commencement Date, the City shall notify TSA in writing of the event of default and provide 60
days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and
taking into account any extenuating circumstances that might have occurred through no fault of
TSA, as determined by the City, TSA shall immediately repay all funds paid by the City from
Bond 2020 Proposition B.
Upon completion of the Rescue Center Project, TSA may vacate the Sealab property which will
then revert back to its respective owner. TSA shall notify the City Risk Manager in writing if TSA
vacates the Sealab property.
5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design,
financing, advertising for bids, choice of contractor, supervision of construction, construction,
equipping, stocking, establishment, operation, maintenance, management, and all other activities
related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans
and specifications, inspection or approval by City or its agents of the Aquarium or any part thereof
or any activity connected therewith,nor by any right of City,under this Lease-Purchase Agreement
or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this
Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium,
and nothing herein shall commit the credit of the City for the payment of any obligations incurred
by TSA in connection with its operation of the Aquarium and the construction of the Project or
any improvements to the Aquarium.
6. Aquarium Operation, Admission. TSA must operate the Aquarium in a businesslike
manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits,
artifacts, equipment and facilities consistent with a quality aquarium operation. The Aquarium
shall be operated by TSA for the use and benefit of the public and must be open during a reasonable
portion of the daytime hours of most days of the year; provided however, that TSA may charge a
fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the
Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type
normally adopted by public zoological institutions.
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7. Revenues Generated. All funds generated by the operation of the Aquarium and/or
private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs
and facilities supporting the purposes specified in TSA's mission statement or as otherwise
allowed under Section 501(c)(3) of the Internal Revenue Code. TSA will use its best efforts during
the term of this Lease to raise sufficient funds to fully support the Aquarium.
8. Safe . TSA must operate, inspect, and maintain adequate firefighting and safety
systems on the Aquarium Property.
9. Maintenance. At all times during this Lease TSA must keep and maintain in good
repair and clean and attractive condition all buildings, improvements, grounds, and personal
property on the Aquarium Property, and if any improvement erected on the Aquarium Property for
Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair
or restore the improvement to as good condition and value as existed before such damage or
destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall
continue to maintain the buildings,improvements, grounds, and personal property in the condition
required in the preceding sentence.
10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant,
effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges
authorized by applicable local, state and federal government permits), litter, trash, or garbage that
originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay,
or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or
solid waste material, fresh or salt water discharge (except salt water discharges authorized by
applicable local, state and federal government permits),litter,trash, or garbage that originates from
the Aquarium Property.
11. Financial Statements. TSA shall keep strict and accurate books of account and shall
deliver to the City's Director of Finance an annual financial statement prepared by an independent
certified public accounting firm reflecting financial operations of TSA for such calendar year, no
later than May 31 annually. The books of account must be available to City Manager upon request
during normal business hours.
12. Transfer of Funds Regarding 1996 Certificates. TSA has paid the debt
service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation
of Fiii nee 10 eale,ida-days prior-to rho "e does si,e i i toe Ge fti fie tee
13. Assignment or Sublease. TSA may not assign this Lease nor sublease the Aquarium
Property, nor any part thereof, without the prior written consent of the City, except in connection
with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract
for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for
special events, so long as TSA maintains control over such areas and assures that their operation
is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist
boat, water taxi, research and university boat access.
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14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease
in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for
the construction of the Project or any subsequent improvements by TSA during the term of this
Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any
such leasehold mortgages can be renewed, extended and modified from time to time as required
by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold
mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the
terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold
mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold
mortgagee.
15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal
containers or dumpster type containers inside a screened or appropriately landscaped area.
Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the
Aquarium Property in a clean and sanitary condition.
16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent
parking lot subject to the covenants of the Certificates of Obligation issued for construction of the
parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot
to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT
to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking
lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City
to TSA.
17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer
and hereby covenants that no employee or customer will be discriminated against because of race,
creed, color, sex, disability, or national origin.
18. Inspection. City personnel may enter upon the Aquarium Property, including all
improvements thereon, at all times, for purposes of any inspection, repair, fire or police action,
and the enforcement of this Lease.
19. Contractor's Insurance. During this Lease, TSA shall require all contractors
employed for the construction of the Project, and all other Aquarium improvements or additions,
to maintain at the contractor's sole expense (and provide documentation thereof prior to
commencement of construction): insurance coverage throughout the construction period in at least
the following amounts:
(a) commercial general liability insurance, with TSA and City named as Additional
Insureds. Such coverage must have either a minimum liability limit of$1,000,000 per
occurrence and $2,000,000 aggregate. Additional Insured Endorsement must be
provided with Certificate of Liability Insurance
(b) automobile liability insurance, with $1,000,000 combined single limit.; TSA and the
City shall be listed as an additional insured on the policy.
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(c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and
subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's
contractor(s) and subcontractor(s) must be a "Certified Self-Insurer" as that term is
defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved
Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating
injured employees is utilized a current copy of each contractor and subcontractor policy
must be kept on file with the City Secretary's copy of this Lease, incorporated and
attached as Exhibit 281). Any time such policy is revised,the newest revision becomes
the attached and incorporated Exhibit 281). If Workers' Compensation insurance is
provided, a certificate of insurance must be provided, together with notice of
cancellation,non-renewal, or material change as set out in Section 20 herein. A waiver
of subrogation shall be provided on behalf of TSA and the City;
(d) builder's risk insurance written on an all risk basis with valuation at replacement cost
for the full value of improvements will be required on construction projects estimated
to cost more than Two Hundred Fifty Thousand Dollars ($250,000);
(e) performance and payment bonds for the full value of the contract are required on
projects estimated to cost more than One Hundred Thousand Dollars ($100,000).
20. Texas State Aquarium Insurance. TSA shall obtain at its own expense:
(a) commercial general liability insurance, with City named as Additional Insured. Such
coverage must have minimum liability limit of $1,000,000 per occurrence and
$2,000,000 aggregate.
(b) automobile liability insurance, with liability limits of $1,000,000 combined single
limit. The City shall be listed as an additional insured on the policy.;
(c) Workers' Compensation insurance or its approved equivalent, covering all employees
of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent
to Workers' Compensation for compensating injured employees is utilized a current
copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease,
incorporated and attached as Exhibit 281). Any time such policy is revised,the newest
revision becomes the attached and incorporated Exhibit 281). If Workers'
Compensation insurance is provided, a certificate of insurance must be provided,
together with notice of cancellation, non-renewal, or material change as set out in this
Section 20 herein. A waiver of subrogation shall be provided.
(d) property insurance, throughout the term of this Operating Lease, in the amount of no
less than 80% of the full replacement value of all TSA real and personal property on
an "all risk basis" subject to normal and customary exclusions, however, the flood
insurance requirement may be limited to the maximum available through the Federal
Flood Insurance Program; provided, however, if excess flood insurance is available in
the standard insurance market, TSA will provide no less than 50% of the coverage set
out above. Further provided, however, that the windstorm insurance requirement may
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be limited to the maximum available through available markets;provided, however, if
excess windstorm insurance is available in the standard insurance market, TSA will
provide no less than the 80% coverage set out above.
TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30)
days of the anniversary of each such insurance policy. Such insurance must contain a provision
that it may not be canceled or materially changed or not renewed without thirty days written notice
to the City Manager. If TSA fails to maintain such insurance, City may terminate this Lease, or at
its option procure such insurance, in which case any monies paid by City must be repaid by TSA
upon City Manager's written demand, with interest at the maximum permissible legal rate.
TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA
decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and
submit them to the City Manager for approval,which approval shall not be unreasonably withheld
and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines
not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment
of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of
its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA.
Further, TSA shall have the option, but not the requirement, to participate in the City Property
Insurance program when such participation is deemed beneficial to the Aquarium. Should this
option be exercised, As the named insured on the property policy, TSA shall pay the City for their
portion of the insurance coverage billed by the City. Property damage caused by an insurable peril
above the established deductibles shall be reported to the City's Risk Management Division. The
City shall submit all claims to City's Insurance Agent/Broker who will in turn,notify the necessary
property insurance carriers of the damage. The City shall be responsible for the coordination of
all claims with the carrier(s).
In the event of a large property loss, the City, as the named insured will receive disbursement of
payment from the insurance carrier(s) and then disburse accordingly.
21. Indemnity, Hold Harmless and Waiver of Subrogation._ TSA agrees to indemnify,
defend and hold harmless the City, its officers, employees, and agents against any and all
liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on
account of personal injuries, property loss or damage, or any other kind of damage, including all
expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner
connected with, or are claimed to arise out of or be in any way connected with, TSA's
performance under this Lease or TSA's or any of its agents', employees', officers', or invitees'
use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall
mutually agree to waive any rights of subrogation to each other as respects insurance claims,
injuries, or property damage. TSA shall at its own expense investigate all such claims and
demands, attend to their settlement or other disposition, defend all actions based thereon, and pay
all charges of attorneys and all other costs and expenses of any kind arising from any such
liability, damage, loss, claims, demands, and actions.
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22. Access for Individuals With Disabilities. The Aquarium and all improvements
thereto must be constructed to be readily accessible to individuals with disabilities and in
compliance with all applicable state and federal laws.
23. Utilities. City has made sewer, water, and natural gas service available to the
Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all
utility services whether provided by City or another supplier. TSA will make every effort to
establish itself as a utility conservation leader,particularly in the area of adaptive water re-use.
24. Compliance With Laws, Permits. In the planning, design, construction, and
operation of the Aquarium and future improvements, TSA shall comply with all applicable
federal, state, and local laws, ordinances, rules and regulations. All applicable permits and
licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from
other agencies by applying or joining TSA in applying for such where City is a necessary party t
to the application. TSA shall, however, prepare all documents, information, and materials
necessary to support any such application. TSA recognizes that as to City licenses or permits,
City must apply its rules in an objective, uniform manner.
25. City Financial Contribution. City does not assume, and has no other responsibility
whatever for, any financial obligations incurred or created by TSA or its officers, employees or
agents, in connection with the planning, design, financing, construction, equipping, stocking,
establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent
or infer otherwise to any third party.
26. Prior Agreements. The 20 Year—bease etweeii r,*" and T-S n u�he,-iz
Or-diiianee No. 024083, adopted eii Rme 27, 2000, and dated Rily 5, 2000, r-efHaills ill ftill for-ee
The 50-year Lease-Purchase Agreement between City and TSA, authorized
by Ordinance 030345 adopted on November 18, 2014 and dated January 18, 2015 remains in full
force and effect, except as inconsistent herewith, until the Commencement date, at which time it
expires automatically. All bond covenants and covenants related to the 1996 Tax and Revenue
Certificates of Obligation or any other financing that was provided to TSA by City using City's
credit, tax base, etc. for the Aquarium remain in full force and effect until said indebtedness is
fully retired. All other prior agreements between City and TSA are of no force and effect.
27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and
this Lease must be construed conclusively in favor of that relationship. Nothing herein contained
may be deemed or construed by the parties hereto, nor by any third party, as creating the
relationship of principal and agent or of partnership or of joint venture between the parties
hereto, it being understood and agreed that no provision contained herein, nor any of the acts of
the parties hereto, may be deemed to create any relationship between the parties herein other than
that of landlord and tenant.
28. Modifications. No changes or modifications to this Lease may be made, nor any
provision waived, unless in writing signed by a person duly authorized to sign agreements on
behalf of each parry. In the event any leasehold mortgages are in effect concerning this Lease-
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Purchase Agreement, such changes or modifications also will be subject to approval by any
leasehold mortgagees.
29. Termination of Lease. Upon occurrence of any Event of Default (as defined
below), the City may, at its option, in addition to any other remedy or right hereunder by law,
give notice to TSA's President, and any leasehold mortgagee for which written notice has been
provided to the City pursuant to the terms of this Lease, that unless such Event of Default has
been cured as required herein that this Lease shall terminate upon the date specified in the notice,
which date will not be earlier than sixty (60) days after the giving of such notice. Each of the
following will be deemed an Event of Default:
(a) failure to have in effect, at all applicable times, policies of contractor's insurance,
liability insurance, workers' compensation insurance or its approved equivalent, and
property insurance as required elsewhere herein;
(b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of
account, or to furnish said books of account to City Manager for inspection, as provided
elsewhere herein;
(c) abandonment of the Aquarium Property;
(d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium,
open to the public, at least five days per week during reasonable business hours;
provided, however, that there will be subtracted from such calculation of days any
period during which TSA's failure is attributable to acts of God or public enemy, the
elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond
TSA's control, without the City Manager's prior written approval as an exception;
(e) failure of TSA to correct any default in the performance or observance of any other
covenant or condition of this Lease; or
(f) in the event any securities issued by the City are outstanding that are conditioned
upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended, written notice by the Internal Revenue Service that the
exemption of the TSA from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986 has been finally revoked; provided, however, the
parties agree that in the event this Lease is canceled by reason of such loss of tax
exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate
and execute a lease or management contract which complies with the provisions of
the Internal Revenue Code of 1986, as amended, so that the interest on any securities
issued by City to acquire the Aquarium will not be subject to federal income taxes.
(g) failure to repair or replace,and dedicate a new easement if necessary,that 48-inch storm
water line that Phase 11-A of the Aquarium was constructed over, upon the City
Manager's written request, all as provided in Section 38 below.
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(h) Provided, however, that in the event curing any of the above Events of Default would
reasonably require more than sixty (60) days, TSA shall have an extension of the time
required to cure such Event of Default for so long as City may reasonably determine
that TSA is proceeding diligently with curing such Event of Default.
30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to
City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains
secured by such leasehold mortgage, this Lease may not be terminated unless and until the City
has provided a second notice of default after expiration of the time required for cure under the
notice of default provided above and afforded said leasehold mortgagee an additional thirty (30)
days to cure any such default in the case of any monetary default and an additional sixty (60)
days to cure any such default in the case of any non-monetary default. In any event, this Lease
shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless
the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease,
and arrange for the assumption of this Lease by another qualified tax exempt lessee,pursuant to a
foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have
and comply with the requirements of this Lease. Such opportunity may require additional time
to the notice periods provided above, and for so long as City reasonably determines that the
leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for
curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its
option but without any obligation to do so, pay any remaining indebtedness secured by such
leasehold mortgage and terminate this Lease immediately after providing the initial notice of the
Event of Default as required above. In any event, the City is under no obligation to pay any such
indebtedness, and the full faith and credit of the City is in no way obligated under the terms of
this Lease.
31. City's Rights on Termination. Upon termination of this Lease as hereinabove
provided, or pursuant to statute, or by summary proceedings or otherwise, City may take
possession of the Aquarium Property either by summary proceedings, or by action at law or in
equity, or by force, or otherwise, as City may determine,without being liable in trespass or for any
damages. The foregoing rights and remedies given to the City are, and will be deemed to be,
cumulative of any other rights of the City under law, and the exercise of one will not be deemed
to be an election, and the failure of the City at any time to exercise any right or remedy will not
be deemed to operate as a waiver of its right to exercise such right or remedy at any other future
time.
32. Effect of Termination or Expiration. Upon termination or expiration of this Lease,
the Aquarium Property and all buildings on the Aquarium Property shall become the property of
the City; provided that, TSA shall have the right to remove all furnishings and personal property
placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty
days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures
and personal property within that time period, such property shall become the property of the
City. Any City monies payable under this Lease which, at the time of termination or expiration,
remain unspent, must be returned to or retained by City and spent by City as it sees fit.
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33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the
local newspaper any provisions of this Lease required by the City Charter.
34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as
further consideration for this Lease, pay and discharge all ad valorem taxes, general and special
assessments, and other charges of every description which during the term of this Lease may be
levied on or assessed against the Lease Premises, including all interests therein, improvements
thereto, or property thereon, whether belonging to the City or TSA or to which either of them
may become liable in relation thereto.
(b) Timely Payment by TSA. TSA agrees to and shall pay all the foregoing ad valorem
taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency
thereof, and give written notice of such to Lessor within five (5) days after such payment is
made.
(c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments
or fails to give written notice of any payment thereof at least ten (10) days prior to the time the
same becomes delinquent, the City may, at its option, at any time within or after such ten (10)
day period, pay any ad valorem taxes or assessments, together with all penalties and interest
which may have been added thereto. Any such amount so paid by Lessor shall become
immediately due and payable by TSA to the City, together with interest thereon at the highest
rate authorized by law. Any such payment which the City may make pursuant to this Section 34
shall not constitute a waiver of any rights which the City may have under the provisions of this
Lease or as provided by law.
(d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the
TSA and the City agree the Lease Premises are exempt from taxation in accordance with the
laws of the State of Texas, and that TSA shall have the full right to administratively or judicially
challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save
and except to the extent it becomes necessary to pay any tax or assessment to protect the
property and security interests of TSA, the City and any assignee, TSA may, in its sole
discretion, elect not to pay any tax or assessment until such time as the tax or assessment is
determined to be due and owing on the Lease Premises by a final judgment issued by a court of
competent jurisdiction.
35. Notices. Any notices provided for under this Lease must be given in writing, to the
City, by delivering or mailing the notice as follows:
To the City: City Manager
City Hall
P.O. Box 9277
Corpus Christi, Texas 78469-9277
To TSA: Texas State Aquarium Association
2710 N. Shoreline Blvd.
Corpus Christi, Texas, 78402
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To Leasehold Mortgagee: [Address to be provided by written notice.]
The parties may from time to time designate new addresses for notice purposes by written notice
pursuant to this provision. All notices will be deemed delivered on the third day after mailed by
prepaid postage in U.S. mail.
36. Captions. Captions employed in this Lease are for convenience only and are not
intended to and do not in any way limit or amplify the terms or provisions herein.
37. Future Additions. Both parties to this Lease recognize that improvements to the
Aquarium Property may be required from time to time in order to maintain a state of business
which produces adequate funds to meet the debt service requirements of this Lease. For interior
construction that does not involve a structural change and for incidental exterior construction
(e.g. sidewalks, open air structures) the President has the authority to undertake such
improvements, subject to compliance with applicable City building codes and regulations,
without prior City Manager approval. For interior construction that does involve a structural
change, for exterior construction that involves changing the footprint of the existing Aquarium,
or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications
shall be submitted by TSA to the City Manager for City Manager's approval which will not be
unreasonably withheld.
38. Storm Water Line. The parties acknowledge that Phase II-A of the Aquarium
facility was constructed over a 48-inch storm water line that is the major storm drain for the
south end of North Beach. The City agreed to continue to maintain the storm drain and water
inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be
built over the 48-inch storm water line. If the storm water line within the Aquarium Property
needs to be repaired or replaced, TSA shall pay for all costs associated with repair or
replacement, including granting any additional easement needed to relocate the storm water line.
The City Manager will make written demand to the President for repair or replacement of the
storm water line within the Aquarium Property and set a reasonable time frame to accomplish
same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set
out by the City Manager is grounds for City to terminate this Lease. City does not warrant the
48-inch storm water line, and the construction by TSA of any improvements over the 48-inch storm
water line is expressly at its own risk.
39. Representations, Cooperation. TSA acknowledges and agrees that the Aquarium
Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA,
and are accepted by TSA "AS IS", in their current condition and appearance, and without any
warranties by City, expressed or implied, with respect to appearance, condition, defects,
habitability, fitness for any specific purpose, or the availability of access. TSA agrees that TSA
is not relying and will not rely on any statement, covenant, representation, or warranty pertaining
to any of the matters described in this paragraph which is not expressly set forth in this Lease.
City and TSA shall cooperate to enforce all warranties and causes of action available to either
parry against third parties arising out of or in any way related to this Lease.
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40. Options to Purchase. In consideration of the timely performance by TSA of each
and all of its obligations pursuant to this Lease-Purchase Agreement, including,but not limited to,
the financing, design and construction of the Project in compliance with Section 4 above, the
payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue
Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to
purchase the City's interest in this Lease and the Lease Premises, as follows:
(a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this
Lease-Purchase Agreement and TSA having timely performed all of its
obligations under this Lease-Purchase Agreement as above provided, TSA shall
have the option to purchase the City's interest in this Lease and the Lease
Premises for the additional sum of Ten Dollars ($10.00), provided: (i) Lessee is
not in default under the Lease; (ii) Lessee gives notice to the City of its intention
to exercise this option within sixty (60) days from the expiration date of this
Lease, and (iii) City is provided a Special Warranty Deed, containing the
provisions set forth in Section 41 below and in form and content otherwise
acceptable to the City, with directions for delivery of the Special Warranty Deed
by the City to TSA; and (iv) Lessee complies with all applicable laws concerning
acquisition of the Lease Premises.
(b) Early Option to Purchase. In consideration of the performance by TSA
of all of its obligations under this Lease-Purchase Agreement and the payment to
City in full of the funds required to be paid under this Lease, TSA shall have the
option to purchase the Lease Premises from City upon the terms and conditions set
forth in this subsection 40(b). 44iis early e. ^r *^ r r^hase f be ^ ^ ^d at
of Oil an earlier-d4e after-T-SA has eempleted�he pa-ymeiit of debt se
This early
option to purchase may be exercised at any time after the later of(a) expiration of
7 (seven) years from the Commencement Date of this Lease, or (b) when the tax-
exempt certificates allocated to the Rescue Center(or any obligations issued to
refund such certificates) are no longer outstanding_TSA may exercise this option
by providing at least sixty (60) days' written notice to City of its intention to
exercise the option on the following terms:
i. The consideration for the sale shall be the payments and performance above
provided and the additional sum of $100.00, and TSA's acceptance of a
covenant running with the land, as provided in Section 41 below, to continue
the operation of the Aquarium Property as an aquarium and sea life park in the
manner required under Section 3 above.
ii. Any survey, title insurance, title searches or similar closing expenses shall be
at the sole cost and expense of TSA.
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iii. Closing of the purchase and re-acquisition of the Aquarium Property shall occur
at the offices of a title company selected by TSA or at City's offices as
designated in the notice of exercise of the option provided by TSA.
iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then
existing condition, subject to those matters of record as set forth in the deeds
obtained by City when it acquired the Aquarium Property, without any
warranties or representations of City whatsoever except for the limited
warranty of title provided in the form of special warranty deed promulgated by
the State Bar of Texas.
V. No brokerage fees or commissions shall be due or owing to any party arising
from the transaction.
vi. The Aquarium Property conveyed specifically shall exclude any parking lots
being leased by City from the State of Texas and subleased to TSA
vii. The Lease Premises will be conveyed to TSA by the City by a Special
Warranty Deed containing the provisions set forth in Section 41 below, and in
form and content otherwise acceptable to the City.
Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall
terminate and be of no further force or effect, and the parties shall be released from all
obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate
and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this
Lease, and nothing in this section shall be construed as releasing TSA from its obligations under
the deed to continue operation of an aquarium and sea life park as provided above.
41. Special Warran . Deed. Upon TSA's exercising its option to purchase in
compliance with the terms and conditions of this Lease-Purchase Agreement, the City shall
convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and
conditions acceptable to the City, the Special Warranty Deed shall contain and include the
following provisions:
(a) Right of First Refusal. If TSA shall decide to sell the above described property to
a third parry on established terms and conditions acceptable to TSA, TSA shall
first offer the property to the City for the price and on the same terms and
conditions as are offered by the third parry. The City shall have ninety (90) days
from the date of the offer to the City in which to accept or reject the offer. In
connection with any such exercise of this right of first refusal by the City, the City
shall be entitled to a credit against the purchase price equal to the $14,5000,000
bond indebtedness issued by the City in connection with the initial construction of
the Aquarium. This right of first refusal shall inure to the benefit of City, and the
City's successors, representatives, and assigns, and shall continue in full force and
effect for a period of seventy-five (75) years from and after December 31, 2014,
and at the expiration of that period shall be of no further force or effect. In the
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event that the City elects not to exercise the right of first refusal, the City shall be
repaid the $14,5000,000 bond indebtedness issued by the City in connection with
the initial construction of the Aquarium out of the sales price. Nonetheless, the
City Council may agree to subordinate this $14,500,000 repayment obligation to
future specified mortgage indebtedness.
(b) Subordination to Caribbean Building _Mortgage Indebtedness. The Indebtedness. The obligations of
TSA to reimburse the $14,500,000 bond indebtedness to the City shall be
expressly subordinate to the obligations for payment of mortgage indebtedness
incurred by TSA pursuant to the terms and conditions of this Lease-Purchase
Agreement for the construction of the Caribbean Building Project. Such
subordination shall be included in the Special Warranty Deed provided above and
identify the leasehold mortgages, if any remain in effect at such time, by date and
recording information.
(c) Restrictive Covenant. The above described property shall be used, occupied and
maintained solely as an aquarium and sea life park ("Aquarium"); provided,
however,that Grantee may operate food,drink,souvenir,and such other concessions
as the Grantee may deem consistent with, but secondary to, operation of the
Aquarium, including without limitation participating in fundraising activities; and
provided further that if the property is damaged by fire, storm or other event beyond
Grantee's control the Grantee shall not be in violation of this Restrictive Covenant
so long as Grantee is taking such action as is necessary to finance, design, rebuild,
reconstruct or repair the damages to the property in a timely manner. This restrictive
covenant shall expire on December 31, 2089.
(d) Utility Easements. The City shall have the right to reserve in the Special Warranty
Deed utility easements as needed to accommodate public utilities maintained in
areas being conveyed to TSA.
(e) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48-
inch storm water line shall be continued in the Special Warranty Deed unless TSA
has relocated such storm water line into a new easement without any
encroachments of TSA improvements.
(f) Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant,
after the lapse of sixty (60) days' written notice and the opportunity to cure such
violation the ownership and title to above described property and all improvements
and fixtures thereon shall revert to the City immediately upon the City giving TSA
written notice of reversion.
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EXECUTED in duplicate originals this day of , 2021, by duly
authorized representatives of the parties.
Attest: City of Corpus Christi, Texas
By: By:
Rebecca Huerta, City Secretary Name:
Title:
Legal form approved on , 2021.
By:
Assistant City Attorney
Texas State Aquarium Association
By:
Thomas H. Schmid, President& CEO
Acknowledgements
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ,
2021,by Thomas H. Schmid,as President&CEO of the Texas State Aquarium Association,a Texas
non-profit corporation, on behalf of said corporation.
Notary Public, State of Texas
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STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ,
2021, by as of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
19
Exhibit 1
Actions related to land acquisition for Agatarium:
30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619
on January 27, 1987
Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on
February 16, 1988
Multiple Use Agreement with Texas Department of Transportation to allow parking under
the SH 181 bridge adjacent to TSA
Closing and abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street,
portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by
Ordinance No. 20244, on March 15, 1988
Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988
Acquisition of Parcels 1 and 10, authorized by Motion No. M87-0215 on June 2, 1987
Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987
Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987
Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by
Resolution No. 19941 on August 25, 1987
Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988
Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988
Acquisition of Parcel 4, authorized by Motion No. M88-0066 on March 22, 1988
Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988
Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988
Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No.
20210 on February 16, 1988
Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988
Page 1 of 3
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Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988
Acquisition of Parcel owned by Helen Royal, authorized by Resolution No. 20346
on June 21, 1988
Actions related to parking Lot A for Aquarium:
- Multiple Use Agreement with Texas Department of Transportation to allow parking under
the SH 181 bridge adjacent to TSA
- 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No.
021839 on December 21, 1993
- Contact between City and TSA to construct a parking lot, issue Certificates of Obligation,
set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28,
1989
- Contract between City and Haas Construction Co.for paving streets,parking lots,bus loop,
irrigation, and landscaping improvements, authorized by Resolution No. 020852 on
December 19, 1989
- Actions related to financing for Aquarium
- Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates
of Obligation on
- Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF
Revenue Certificates of Obligation, on October 4, 1988
- Ordinance No. 020166 amending Re-Investment Zone No. 1 contracts with various
governmental agencies to provide financing for improvements to Aquarium and the Corpus
Christi Museum of Natural History on January 19, 1988
- Resolution 020169 on January 19, 1988
- Ordinance No. 019674 authorized a purchase agreement and Management contract which
set out duties, rights, obligations of City and TSA to construct and operate the Aquarium
on June 15, 1987
Page 2 of 3
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Actions related to construction in area around Aquarium:
Award of construction contract for Waterfront Improvements to Garrett Construction
Company, authorized by Motion No. M88-0050 on March 8, 1988.
Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88-
0271 on December 20, 1988.
Award a Wastewater Line Construction Project to King Isles, authorized by Motion No.
M89-0071 on March 14, 1989.
Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on
August 15, 1989.
Award a contract to remove a leaking underground petroleum storage tank to Genesis
Environmental, authorized by Motion No. M90-094 on April 10, 1990.
Page 3 of 3
22
Exhibit A
Texas State Aquarium Subdivision, Lot G, as recorded in Volume 68 Page 856, Nueces County
Clerk Records.
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being a—plat of Lots A—i,B,C and D,Texas
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of Nueces County. T-1,T-1, and lot A-3,
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23
Exhibit B
Property located at 4901 Rincon Rd., Corpus Christi, Texas, which includes BROOKLYN
ACREAGE 124.78 ACS OUT OF W. E. POPE TR.
7 of
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24
DESCRIPTION OF SEALAB IMPROVEMENTS:
The subject consists of four(4) metal frame buildings on concrete slab. The buildings are
connected together and have a metal exterior and roof with overhead doors and pedestrian doors
in each.
Building #1 contains 5,750 square feet and is utilized as an office/laboratory facility with+/-
80% of the space as office and+/- 20% laboratory space.
Building #2 is a high bay metal building containing 3,150 square feet with a 24 foot eve height.
It has two 12' x 14' overhead doors and two pedestrian doors that lead outside.
Building #3 is similar to Building 42 and contains 3,000 square feet but has an eve height of 14
feet. It is a warehouse building with no interior finish and is utilized primarily to house an
observation tank for large marine animals. It has one 12' x 14' overhead door and a pedestrian
door.
Building #4 is a metal warehouse building containing 1,666 square feet with an eve height of 10
feet. The buildingis s being utilized as locker/restroom facilities for youth groups that use
the facilities for educational purposes and field trips.
The site is perimeter fenced and has approximately 37,17 5 square feet of asphalt paving. An in-
ground, concrete tank measuring 45 feet wide by 185 feet long with a depth of 7 feet is located
near the entrance of the property.
25
Exhibit C
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26
Exhibit 2-01)
I. TEXAS STATE AQUARIUM (TSA) LEASE INSURANCE REQUIREMENTS
A. TSA must not commence work under this agreement until it has obtained all insurance
required herein and such insurance has been approved by the City. Nor may TSA allow
any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with
the City named as an additional insured for all liability policies, and a blanket waiver of
subrogation on all applicable policies, showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Insurance
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT
OWNED OR RENTED
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
PROPERTY INSURANCE No less than 80%of full replacement cost coverage for
1. All Risk coverage to include Windstorm, all TSA real and personal property
Hurricane and Hail and Flood Insurance
In the event of accidents of any kind, TSA must furnish the Risk Manager with copies of all reports
of such accidents at the same time that the reports are forwarded to any other interested parties.
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II. ADDITIONAL REQUIREMENTS
A. TSA must obtain workers' compensation coverage through a licensed insurance company
or through self-insurance obtained in accordance with Texas law. If such coverage is
obtained through a licensed company,the contract for coverage must be written on a policy
and endorsements approved by the Texas Department of Insurance.
If such coverage is provided through self-insurance,then within 10 calendar days after the
date the Contract Administrator or his designee requests that TSA sign the contract
documents, TSA must provide the Risk Manager with a copy of its certificate of authority
to self-insure its workers' compensation coverage, as well as a letter signed by the TSA
stating that the certificate of authority to self-insure remains in effect and is not subject to
any revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the City, such
certificate of authority to self-insure is revoked or is made the subject of any proceeding
which could result in revocation of the certificate, then TSA must immediately provide
written notice of such facts to the City, by certified mail, return receipt requested directed
to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469-
9277 - Attention: Contractor Administrator.
Whether workers' compensation coverage is provided through a licensed insurance
company or through self-insurance,the coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by TSA will be promptly
met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation on all applicable policies.
If your insurance company uses the standard ACORD form,the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between
"be" and "canceled", and deleting the words, "endeavor to", and deleting the
wording after"left".
* The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of change or cancellation is required.
C. If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.13 (1)-(7), an authorized representative of the insurance
company must include a letter specifically stating whether items I.B. (1)-(7) are included
or excluded.
III. A completed Disclosure of Interest must be submitted with your proposal.
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Exhibit E
FORM OF CERTIFICATION FOR PAYMENT
(Certification for Payment-Rescue Center)
CERTIFICATION FOR PAYMENT FORM NO.
The undersigned [(the "Construction Manner")/ "TSA"I requests
payment from The City of Corpus Christi (the "City") in the amount of$
for labor, design, materials, fees, and/or other general costs related to the acquisition or
construction of certain authorized improvements to the Rescue Center.
In connection with the above referenced payment, [the Construction Manager/TSAI
represents and warrants to the City as follows:
I. The undersigned is a duly authorized officer of[the Construction Manager/TSAI, is qualified
to execute this Certification for Payment Form No. on behalf of [the Construction
Manager/TSAI, and is knowledgeable as to the matters set forth herein.
2. The work described in Attachment A has been completed in the percentages stated therein.
3. The Certification for Payment for the below referenced Authorized Improvements has not
been the subject of any prior Certification for Payment submitted for the same work to the
Cil. or, if previously requested, no disbursement was made with respect thereto.
4. The amounts listed for actual costs of the authorized improvements, as set forth in Attachment
A, is a true and accurate representation of the actual costs associated with the acquisition,
design or construction of said Authorized Improvements.
5. [Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit
evidencing that any contractor or subcontractor having_, performed work described in
Attachment A has been paid in full for all work completed through the previous Certification
for Payment.][Include bracketed Ian,-ua,-e if final progress payment for such Authorized
Improvement]
6. Attached hereto as Attachment C are invoices,receipts,purchase orders, change orders, and
similar instruments, which are in sufficient detail to allow the City to verify the actual costs
for which payment is requested.
(Si nature pages follow)
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I hereby declare that the above representations and warranties are true and correct.
f
a [Texas] [limited liability company], as
CONSTRUCTION MANAGER/Texas State
Aquarium Association, a Texas nonprofit
corporation]
By:
Name:
Title:
JOINDER OF PROJECT ENGINEER
The undersigned Project Engineer_ joins this Certification for Payment solely for the purposes of
certifying that the representations made by [Construction Manager/TSA] in Paragraph 2 above
are true and correct in all material respects.
By:
Name:
Title:
Date:
APPROVAL OF CERTIFICATION FOR PAYMENT
The City is in receipt of the attached Certification for Payment Form No.
acknowledges the Certification for Payment and otherwise finds the Certification for Payment
Form No. to be in order. After reviewing the Certification for Payment Form, the City
approves the Certification for Payment Form No. and shall release payment from [the
appropriate account] to [the Construction Manager/TSA] or to any person designated by the
[Construction Manager/TSAI.
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
Date:
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ATTACHMENT A TO CERTIFICATION FOR PAYMENT FORM NO.
Segment Description of Work Completed of Work Completed under Actual Costs
this Certification for Payment
ATTACHMENT B TO CERTIFICATION FOR PAYMENT FORM NO.
[Include Attachment B bracketed if final progress payment for such Authorized
Improvement]
[bills paid affidavit and release of liens - attached]
ATTACHMENT C TO CERTIFICATION FOR PAYMENT FORM NO. -----
[Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in
sufficient detail to allow the City to verify the actual costs for which payment is requested]
First Amended Lease-Purchase and Operating Agreement between
Texas State Aquarium Association and City of Corpus Christi
State of Texas §
County of Nueces §
This First Amended Lease-Purchase and Operating Agreement (the "Lease" or "Lease-
Purchase Agreement") dated as of the Commencement Date (as defined herein), amends, restates
and replaces in its entirety that prior Lease and Operating Agreement between Texas State
Aquarium Association and City of Corpus Christi dated January 18, 2015.
Recitals:
The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or
"Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of
2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and
operates a public aquarium (the"Aquarium" as more specifically defined in Section 3) in Corpus
Christi, Texas, on a nonprofit basis for multiple public purposes including the education and
enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific
knowledge, advancement of interest in marine resources and the study thereof, and promotion of
interest in the Corpus Christi Bay Area for both business and personal pursuits.
The City of Corpus Christi, a Texas home-rule municipal corporation("City"or"Lessor"),
acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard,
Corpus Christi, Nueces County, Texas 78401, is the owner of certain real property in Texas State
Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on
the Rincon Channel ("Sealab Property").
The State Legislature of the State of Texas has designated the Aquarium facility operated
by TSA as the official Aquarium of the State of Texas.
TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner
reflecting favorably upon both TSA and the City while assuring appropriate accountability for all
public monies previously contributed thereto.
The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619,
adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the
acquisition of certain property, improvement to certain property, and the form of lease for certain
property acquired and improved.
Further,the City and TSA j ointly funded the design of the Aquarium pursuant to Ordinance
No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on
Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of
$1,000,000.
C:AUsers\constancep\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\ECZNTSYO\Clean Copy City 10.14.21
edits First Amended Lease to 2014 Lease and Operating Agreement.docx
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The City and TSA entered into a Purchase Agreement, whereby TSA would construct the
Aquarium on land it had separately acquired and subsequently convey said land and the completed
Aquarium to the City in consideration of the City's paying the purchase price for such completed
Aquarium,then the City would lease the property back to TSA along with other property acquired
by City for a 20-year lease term for TSA to operate the Aquarium, authorized by Ordinance No.
019674, adopted on June 15, 1987.
The City actually leased the Aquarium Property to TSA by virtue of a lease dated October
5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988,which included a five-year
lease on adjacent subsurface area.
The City subleased certain parking lots, leased by the City from the Texas Department of
Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a
portion of the debt service related to construction of the parking lots by virtue of a lease authorized
by Ordinance No. 021839, adopted on December 21, 1993.
By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on
February 27, 1996, TSA conveyed certain additional real property to the City in consideration of
TSA revenue-backed Certificates of Obligation ("Certificates") in the amount of$4,400,000.
The City and TSA entered into a new 20-year lease covering all of the above referenced
properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27,
2000, providing for the continued occupancy and operation of the Aquarium by TSA until
September 5, 2020.
The City and TSA also entered into multiple other agreements to acquire and develop the
Aquarium, and all such agreements are of public record. TSA expanded the Aquarium to construct
the Caribbean Building, as more particularly described below, and in order to finance such
expansion plans TSA required a long-term leasehold interest in the Property, and both the City and
TSA entered into a Lease-Purchase Agreement effective January 18, 2015 to provide the option to
purchase and extend the other terms, conditions and provisions of the then-current lease and
operating agreement in order to facilitate such expansion plans and assure the continued
maintenance and modernization of the Aquarium on a long-term basis.
The City and TSA further provided for the purchase and re-acquisition of the land and
improvements comprising the Aquarium by TSA conditioned on the faithful performance by TSA
of its obligations under this Lease-Purchase Agreement and continuation of the operation of an
aquarium and sea life park for a minimum of fifty (50)years.
TSA desires to construct new Texas State Aquarium Wildlife Rescue Center on the
Aquarium Property which the Wildlife Rescue Center is depicted on the attached Exhibit C.
On November 3, 2020, voters in the City of Corpus Christi approved Proposition B in an
amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center
for Wildlife Rescue and Research and other named projects.
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The City's Voter's Guide for Bond 2020 stated"The City will provide leverage funding in
the amount of $3M to assist the Texas State Aquarium with the construction of the new Texas
Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder
of the funds will come from fundraising by the Texas State Aquarium."
NOW, THEREFORE, the City and TSA, in consideration of the covenants contained
herein, do mutually agree as follows:
Agreement:
1. Premises. The City leases to TSA all of the property described in the attached and
incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and
incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium
Property" or "Lease Premises") for and in consideration of the covenants and conditions of this
Lease.
2. Term. This Lease-Purchase Agreement is for a term of twenty (20) years,
commencing on the 61st day after final City Council approval, which is
, 2022 (the "Commencement Date"),_and terminating on
December 31, 2041.
3. Consideration and Permitted Use. The Aquarium Property must be used solely as an
aquarium and sea life park, and rescue center, herein referred to as either "Aquarium" or
"Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such
other concessions as the President may deem consistent with, but secondary to, operation of the
Aquarium, including without limitation participating in fundraising activities.
4. The Project. TSA financed, designed,built, and currently maintains and operates the
Caribbean Journey building (the "Caribbean Building") based on plans and specifications
approved by the City Manager of the City (the "Caribbean Building Project"). The Caribbean
Building Project complements the Gulf of Mexico Exhibit Building (the "Gulf of Mexico
Building"), in order to further the Aquarium experience in:
• Interpreting the unique biodiversity and culture of the Yucatan region;
• Utilizing state-of-the-art, immersive, interactive aquarium exhibitions;
• Incorporating a multi-sensory 4D-theater experience;
• Adding the capacity and building infrastructure to expand the Aquarium's research and
conservation programs, guest and event services, and catering capabilities.
TSA was solely responsible for the design, construction and furnishing of the Caribbean Building
Project and expended an amount not less than $45 million therefor.
The Wildlife Rescue Center Project. TSA will finance, design, build, maintain and operate a
new Wildlife Rescue Center on the Aquarium Property (the"Rescue Center"). The Rescue Center
and its location are depicted on the attached Exhibit C. TSA will be solely responsible for the
design, construction and furnishing of the Rescue Center and will expend not less than $15 million
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therefor. TSA has full funding available,raised from donors, and from cash reserves. These funds
include $3 million available through Proposition B of the City 2020 bond election. TSA may
submit to the City Director of Finance a Certification for Payment, in the form attached hereto as
Exhibit E for reimbursement of actual costs related to the Rescue Center. The City will reimburse
the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction
of the Rescue Center. TSA may only submit one Certification for Payment in each 30-day period.
The Rescue Center must include a wildlife rescue theater, which must prominently display the
name "City of Corpus Christi Wildlife Rescue Theater."
If TSA fails to complete construction of the Rescue Center Project within three years of the
Commencement Date, the City shall notify TSA in writing of the event of default and provide 60
days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and
taking into account any extenuating circumstances that might have occurred through no fault of
TSA, as determined by the City, TSA shall immediately repay all funds paid by the City from
Bond 2020 Proposition B.
Upon completion of the Rescue Center Project, TSA may vacate the Sealab property which will
then revert back to its respective owner. TSA shall notify the City Risk Manager in writing if TSA
vacates the Sealab property.
5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design,
financing, advertising for bids, choice of contractor, supervision of construction, construction,
equipping, stocking, establishment, operation, maintenance, management, and all other activities
related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans
and specifications, inspection or approval by City or its agents of the Aquarium or any part thereof
or any activity connected therewith,nor by any right of City,under this Lease-Purchase Agreement
or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this
Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium,
and nothing herein shall commit the credit of the City for the payment of any obligations incurred
by TSA in connection with its operation of the Aquarium and the construction of the Project or
any improvements to the Aquarium.
6. Aquarium Operation: Admission. TSA must operate the Aquarium in a businesslike
manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits,
artifacts, equipment and facilities consistent with a quality aquarium operation. The Aquarium
shall be operated by TSA for the use and benefit of the public and must be open during a reasonable
portion of the daytime hours of most days of the year; provided however, that TSA may charge a
fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the
Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type
normally adopted by public zoological institutions.
7. Revenues Generated. All funds generated by the operation of the Aquarium and/or
private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs
and facilities supporting the purposes specified in TSA's mission statement or as otherwise
allowed under Section 501(c)(3) of the Internal Revenue Code. TSA will use its best efforts during
the term of this Lease to raise sufficient funds to fully support the Aquarium.
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8. Sqfeely. TSA must operate, inspect, and maintain adequate firefighting and safety
systems on the Aquarium Property.
9. Maintenance. At all times during this Lease TSA must keep and maintain in good
repair and clean and attractive condition all buildings, improvements, grounds, and personal
property on the Aquarium Property, and if any improvement erected on the Aquarium Property for
Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair
or restore the improvement to as good condition and value as existed before such damage or
destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall
continue to maintain the buildings,improvements, grounds, and personal property in the condition
required in the preceding sentence.
10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant,
effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges
authorized by applicable local, state and federal government permits), litter, trash, or garbage that
originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay,
or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or
solid waste material, fresh or salt water discharge (except salt water discharges authorized by
applicable local, state and federal government permits),litter,trash,or garbage that originates from
the Aquarium Property.
11. Financial Statements. TSA shall keep strict and accurate books of account and shall
deliver to the City's Director of Finance an annual financial statement prepared by an independent
certified public accounting firm reflecting financial operations of TSA for such calendar year, no
later than May 31 annually. The books of account must be available to City Manager upon request
during normal business hours.
12. Transfer of Funds Regarding 1996 Certificates. TSA has paid the debt service on the
1996 $4.4 million Combination Tax and Revenue Certificates of Obligation.
13. Assignment or Sublease. TSA may not assign this Lease nor sublease the Aquarium
Property, nor any part thereof, without the prior written consent of the City, except in connection
with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract
for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for
special events, so long as TSA maintains control over such areas and assures that their operation
is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist
boat, water taxi, research and university boat access.
14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease
in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for
the construction of the Project or any subsequent improvements by TSA during the term of this
Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any
such leasehold mortgages can be renewed, extended and modified from time to time as required
by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold
mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the
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terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold
mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold
mortgagee.
15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal
containers or dumpster type containers inside a screened or appropriately landscaped area.
Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the
Aquarium Property in a clean and sanitary condition.
16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent
parking lot subject to the covenants of the Certificates of Obligation issued for construction of the
parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot
to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT
to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking
lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City
to TSA.
17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer
and hereby covenants that no employee or customer will be discriminated against because of race,
creed, color, sex, disability, or national origin.
18. Inspection. City personnel may enter upon the Aquarium Property, including all
improvements thereon, at all times, for purposes of any inspection, repair, fire or police action,
and the enforcement of this Lease.
19. Contractor's Insurance. During this Lease, TSA shall require all contractors
employed for the construction of the Project, and all other Aquarium improvements or additions,
to maintain at the contractor's sole expense (and provide documentation thereof prior to
commencement of construction): insurance coverage throughout the construction period in at least
the following amounts:
(a) commercial general liability insurance, with TSA and City named as Additional
Insureds. Such coverage must have either a minimum liability limit of$1,000,000 per
occurrence and $2,000,000 aggregate. Additional Insured Endorsement must be
provided with Certificate of Liability Insurance
(b) automobile liability insurance, with $1,000,000 combined single limit.; TSA and the
City shall be listed as an additional insured on the policy.
(c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and
subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's
contractor(s) and subcontractor(s) must be a "Certified Self-Insurer" as that term is
defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved
Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating
injured employees is utilized a current copy of each contractor and subcontractor policy
must be kept on file with the City Secretary's copy of this Lease, incorporated and
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attached as Exhibit D. Any time such policy is revised, the newest revision becomes
the attached and incorporated Exhibit D. If Workers' Compensation insurance is
provided, a certificate of insurance must be provided, together with notice of
cancellation,non-renewal, or material change as set out in Section 20 herein. A waiver
of subrogation shall be provided on behalf of TSA and the City;
(d) builder's risk insurance written on an all risk basis with valuation at replacement cost
for the full value of improvements will be required on construction projects estimated
to cost more than Two Hundred Fifty Thousand Dollars ($250,000);
(e) performance and payment bonds for the full value of the contract are required on
projects estimated to cost more than One Hundred Thousand Dollars ($100,000).
20. Texas State Aquarium Insurance. TSA shall obtain at its own expense:
(a) commercial general liability insurance, with City named as Additional Insured. Such
coverage must have minimum liability limit of $1,000,000 per occurrence and
$2,000,000 aggregate.
(b) automobile liability insurance, with liability limits of $1,000,000 combined single
limit. The City shall be listed as an additional insured on the policy.;
(c) Workers' Compensation insurance or its approved equivalent, covering all employees
of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent
to Workers' Compensation for compensating injured employees is utilized a current
copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease,
incorporated and attached as Exhibit D. Any time such policy is revised, the newest
revision becomes the attached and incorporated Exhibit D. If Workers' Compensation
insurance is provided, a certificate of insurance must be provided, together with notice
of cancellation,non-renewal, or material change as set out in this Section 20 herein. A
waiver of subrogation shall be provided.
(d) property insurance, throughout the term of this Operating Lease, in the amount of no
less than 80% of the full replacement value of all TSA real and personal property on
an "all risk basis" subject to normal and customary exclusions, however, the flood
insurance requirement may be limited to the maximum available through the Federal
Flood Insurance Program; provided, however, if excess flood insurance is available in
the standard insurance market, TSA will provide no less than 50% of the coverage set
out above. Further provided, however, that the windstorm insurance requirement may
be limited to the maximum available through available markets;provided, however, if
excess windstorm insurance is available in the standard insurance market, TSA will
provide no less than the 80% coverage set out above.
TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30)
days of the anniversary of each such insurance policy. Such insurance must contain a provision
that it may not be canceled or materially changed or not renewed without thirty days written notice
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to the City Manager. If TSA fails to maintain such insurance, City may terminate this Lease, or at
its option procure such insurance, in which case any monies paid by City must be repaid by TSA
upon City Manager's written demand, with interest at the maximum permissible legal rate.
TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA
decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and
submit them to the City Manager for approval,which approval shall not be unreasonably withheld
and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines
not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment
of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of
its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA.
Further, TSA shall have the option, but not the requirement, to participate in the City Property
Insurance program when such participation is deemed beneficial to the Aquarium. Should this
option be exercised, As the named insured on the property policy, TSA shall pay the City for their
portion of the insurance coverage billed by the City. Property damage caused by an insurable peril
above the established deductibles shall be reported to the City's Risk Management Division. The
City shall submit all claims to City's Insurance Agent/Broker who will in turn,notify the necessary
property insurance carriers of the damage. The City shall be responsible for the coordination of
all claims with the carrier(s).
In the event of a large property loss, the City, as the named insured will receive disbursement of
payment from the insurance carrier(s) and then disburse accordingly.
21. Indemnity, Hold Harmless and Waiver of Subrogation. TSA agrees to indemnify,
defend and hold harmless the City, its officers, employees, and agents against any and all
liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on
account of personal injuries, property loss or damage, or any other kind of damage, including all
expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner
connected with, or are claimed to arise out of or be in any way connected with, TSA's
performance under this Lease or TSA's or any of its agents', employees', officers', or invitees'
use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall
mutually agree to waive any rights of subrogation to each other as respects insurance claims,
injuries, or property damage. TSA shall at its own expense investigate all such claims and
demands, attend to their settlement or other disposition, defend all actions based thereon, and pay
all charges of attorneys and all other costs and expenses of any kind arising from any such
liability, damage, loss, claims, demands, and actions.
22. Access for Individuals With Disabilities. The Aquarium and all improvements
thereto must be constructed to be readily accessible to individuals with disabilities and in
compliance with all applicable state and federal laws.
23. Utilities. City has made sewer, water, and natural gas service available to the
Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all
utility services whether provided by City or another supplier. TSA will make every effort to
establish itself as a utility conservation leader,particularly in the area of adaptive water re-use.
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24. Compliance With Laws, Permits. In the planning, design, construction, and
operation of the Aquarium and future improvements, TSA shall comply with all applicable
federal, state, and local laws, ordinances, rules and regulations. All applicable permits and
licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from
other agencies by applying or joining TSA in applying for such where City is a necessary party t
to the application. TSA shall, however, prepare all documents, information, and materials
necessary to support any such application. TSA recognizes that as to City licenses or permits,
City must apply its rules in an objective, uniform manner.
25. City Financial Contribution. City does not assume, and has no other responsibility
whatever for, any financial obligations incurred or created by TSA or its officers, employees or
agents, in connection with the planning, design, financing, construction, equipping, stocking,
establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent
or infer otherwise to any third party.
26. Prior Agreements. The 50-year Lease-Purchase Agreement between City and TSA,
authorized by Ordinance 030345 adopted on November 18, 2014 and dated January 18, 2015
remains in full force and effect, except as inconsistent herewith, until the Commencement date, at
which time it expires automatically. All bond covenants and covenants related to the 1996 Tax
and Revenue Certificates of Obligation or any other financing that was provided to TSA by City
using City's credit, tax base, etc. for the Aquarium remain in full force and effect until said
indebtedness is fully retired. All other prior agreements between City and TSA are of no force
and effect.
27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and
this Lease must be construed conclusively in favor of that relationship. Nothing herein contained
may be deemed or construed by the parties hereto, nor by any third party, as creating the
relationship of principal and agent or of partnership or of joint venture between the parties
hereto, it being understood and agreed that no provision contained herein, nor any of the acts of
the parties hereto, may be deemed to create any relationship between the parties herein other than
that of landlord and tenant.
28. Modifications. No changes or modifications to this Lease may be made, nor any
provision waived, unless in writing signed by a person duly authorized to sign agreements on
behalf of each parry. In the event any leasehold mortgages are in effect concerning this Lease-
Purchase Agreement, such changes or modifications also will be subject to approval by any
leasehold mortgagees.
29. Termination of Lease. Upon occurrence of any Event of Default (as defined
below), the City may, at its option, in addition to any other remedy or right hereunder by law,
give notice to TSA's President, and any leasehold mortgagee for which written notice has been
provided to the City pursuant to the terms of this Lease, that unless such Event of Default has
been cured as required herein that this Lease shall terminate upon the date specified in the notice,
which date will not be earlier than sixty (60) days after the giving of such notice. Each of the
following will be deemed an Event of Default:
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(a) failure to have in effect, at all applicable times, policies of contractor's insurance,
liability insurance, workers' compensation insurance or its approved equivalent, and
property insurance as required elsewhere herein;
(b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of
account, or to furnish said books of account to City Manager for inspection, as provided
elsewhere herein;
(c) abandonment of the Aquarium Property;
(d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium,
open to the public, at least five days per week during reasonable business hours;
provided, however, that there will be subtracted from such calculation of days any
period during which TSA's failure is attributable to acts of God or public enemy, the
elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond
TSA's control, without the City Manager's prior written approval as an exception;
(e) failure of TSA to correct any default in the performance or observance of any other
covenant or condition of this Lease; or
(f) in the event any securities issued by the City are outstanding that are conditioned
upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code
of 1986, as amended, written notice by the Internal Revenue Service that the
exemption of the TSA from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986 has been finally revoked; provided, however, the
parties agree that in the event this Lease is canceled by reason of such loss of tax
exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate
and execute a lease or management contract which complies with the provisions of
the Internal Revenue Code of 1986, as amended, so that the interest on any securities
issued by City to acquire the Aquarium will not be subject to federal income taxes.
(g) failure to repair or replace,and dedicate a new easement if necessary,that 48-inch storm
water line that Phase 11-A of the Aquarium was constructed over, upon the City
Manager's written request, all as provided in Section 38 below.
(h) Provided, however, that in the event curing any of the above Events of Default would
reasonably require more than sixty (60) days, TSA shall have an extension of the time
required to cure such Event of Default for so long as City may reasonably determine
that TSA is proceeding diligently with curing such Event of Default.
30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to
City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains
secured by such leasehold mortgage, this Lease may not be terminated unless and until the City
has provided a second notice of default after expiration of the time required for cure under the
notice of default provided above and afforded said leasehold mortgagee an additional thirty (30)
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days to cure any such default in the case of any monetary default and an additional sixty (60)
days to cure any such default in the case of any non-monetary default. In any event, this Lease
shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless
the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease,
and arrange for the assumption of this Lease by another qualified tax exempt lessee,pursuant to a
foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have
and comply with the requirements of this Lease. Such opportunity may require additional time
to the notice periods provided above, and for so long as City reasonably determines that the
leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for
curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its
option but without any obligation to do so, pay any remaining indebtedness secured by such
leasehold mortgage and terminate this Lease immediately after providing the initial notice of the
Event of Default as required above. In any event, the City is under no obligation to pay any such
indebtedness, and the full faith and credit of the City is in no way obligated under the terms of
this Lease.
31. City's Rights on Termination. Upon termination of this Lease as hereinabove
provided, or pursuant to statute, or by summary proceedings or otherwise, City may take
possession of the Aquarium Property either by summary proceedings, or by action at law or in
equity, or by force, or otherwise, as City may determine,without being liable in trespass or for any
damages. The foregoing rights and remedies given to the City are, and will be deemed to be,
cumulative of any other rights of the City under law, and the exercise of one will not be deemed
to be an election, and the failure of the City at any time to exercise any right or remedy will not
be deemed to operate as a waiver of its right to exercise such right or remedy at any other future
time.
32. Effect of Termination or Expiration. Upon termination or expiration of this Lease,
the Aquarium Property and all buildings on the Aquarium Property shall become the property of
the City; provided that, TSA shall have the right to remove all furnishings and personal property
placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty
days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures
and personal property within that time period, such property shall become the property of the
City. Any City monies payable under this Lease which, at the time of termination or expiration,
remain unspent, must be returned to or retained by City and spent by City as it sees fit.
33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the
local newspaper any provisions of this Lease required by the City Charter.
34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as
further consideration for this Lease, pay and discharge all ad valorem taxes, general and special
assessments, and other charges of every description which during the term of this Lease may be
levied on or assessed against the Lease Premises, including all interests therein, improvements
thereto, or property thereon, whether belonging to the City or TSA or to which either of them
may become liable in relation thereto.
(b) Timely Payment by TSA. TSA agrees to and shall pay all the foregoing ad valorem
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taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency
thereof, and give written notice of such to Lessor within five (5) days after such payment is
made.
(c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments
or fails to give written notice of any payment thereof at least ten (10) days prior to the time the
same becomes delinquent, the City may, at its option, at any time within or after such ten (10)
day period, pay any ad valorem taxes or assessments, together with all penalties and interest
which may have been added thereto. Any such amount so paid by Lessor shall become
immediately due and payable by TSA to the City, together with interest thereon at the highest
rate authorized by law. Any such payment which the City may make pursuant to this Section 34
shall not constitute a waiver of any rights which the City may have under the provisions of this
Lease or as provided by law.
(d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the
TSA and the City agree the Lease Premises are exempt from taxation in accordance with the
laws of the State of Texas, and that TSA shall have the full right to administratively or judicially
challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save
and except to the extent it becomes necessary to pay any tax or assessment to protect the
property and security interests of TSA, the City and any assignee, TSA may, in its sole
discretion, elect not to pay any tax or assessment until such time as the tax or assessment is
determined to be due and owing on the Lease Premises by a final judgment issued by a court of
competent jurisdiction.
35. Notices. Any notices provided for under this Lease must be given in writing, to the
City, by delivering or mailing the notice as follows:
To the City: City Manager
City Hall
P.O. Box 9277
Corpus Christi, Texas 78469-9277
To TSA: Texas State Aquarium Association
2710 N. Shoreline Blvd.
Corpus Christi, Texas, 78402
To Leasehold Mortgagee: [Address to be provided by written notice.]
The parties may from time to time designate new addresses for notice purposes by written notice
pursuant to this provision. All notices will be deemed delivered on the third day after mailed by
prepaid postage in U.S. mail.
36. Captions. Captions employed in this Lease are for convenience only and are not
intended to and do not in any way limit or amplify the terms or provisions herein.
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37. Future Additions. Both parties to this Lease recognize that improvements to the
Aquarium Property may be required from time to time in order to maintain a state of business
which produces adequate funds to meet the debt service requirements of this Lease. For interior
construction that does not involve a structural change and for incidental exterior construction
(e.g. sidewalks, open air structures) the President has the authority to undertake such
improvements, subject to compliance with applicable City building codes and regulations,
without prior City Manager approval. For interior construction that does involve a structural
change, for exterior construction that involves changing the footprint of the existing Aquarium,
or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications
shall be submitted by TSA to the City Manager for City Manager's approval which will not be
unreasonably withheld.
38. Storm Water Line. The parties acknowledge that Phase II-A of the Aquarium
facility was constructed over a 48-inch storm water line that is the major storm drain for the
south end of North Beach. The City agreed to continue to maintain the storm drain and water
inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be
built over the 48-inch storm water line. If the storm water line within the Aquarium Property
needs to be repaired or replaced, TSA shall pay for all costs associated with repair or
replacement, including granting any additional easement needed to relocate the storm water line.
The City Manager will make written demand to the President for repair or replacement of the
storm water line within the Aquarium Property and set a reasonable time frame to accomplish
same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set
out by the City Manager is grounds for City to terminate this Lease. City does not warrant the
48-inch storm water line, and the construction by TSA of any improvements over the 48-inch storm
water line is expressly at its own risk.
39. Representations; Cooperation. TSA acknowledges and agrees that the Aquarium
Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA,
and are accepted by TSA "AS IS", in their current condition and appearance, and without any
warranties by City, expressed or implied, with respect to appearance, condition, defects,
habitability, fitness for any specific purpose, or the availability of access. TSA agrees that TSA
is not relying and will not rely on any statement, covenant, representation, or warranty pertaining
to any of the matters described in this paragraph which is not expressly set forth in this Lease.
City and TSA shall cooperate to enforce all warranties and causes of action available to either
parry against third parties arising out of or in any way related to this Lease.
40. Options to Purchase. In consideration of the timely performance by TSA of each
and all of its obligations pursuant to this Lease-Purchase Agreement, including,but not limited to,
the financing, design and construction of the Project in compliance with Section 4 above, the
payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue
Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to
purchase the City's interest in this Lease and the Lease Premises, as follows:
(a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this
Lease-Purchase Agreement and TSA having timely performed all of its
obligations under this Lease-Purchase Agreement as above provided, TSA shall
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have the option to purchase the City's interest in this Lease and the Lease
Premises for the additional sum of Ten Dollars ($10.00), provided: (i) Lessee is
not in default under the Lease; (ii) Lessee gives notice to the City of its intention
to exercise this option within sixty (60) days from the expiration date of this
Lease, and (iii) City is provided a Special Warranty Deed, containing the
provisions set forth in Section 41 below and in form and content otherwise
acceptable to the City, with directions for delivery of the Special Warranty Deed
by the City to TSA; and (iv) Lessee complies with all applicable laws concerning
acquisition of the Lease Premises.
(b) Early Option to Purchase. In consideration of the performance by TSA of all of its
obligations under this Lease-Purchase Agreement and the payment to City in full
of the funds required to be paid under this Lease, TSA shall have the option to
purchase the Lease Premises from City upon the terms and conditions set forth in
this subsection 40(b). This early option to purchase may be exercised at any time
after the later of(a) expiration of 7 (seven)years from the Commencement Date of
this Lease, or (b) when the tax- exempt certificates allocated to the Rescue
Center(or any obligations issued to refund such certificates) are no longer
outstanding. TSA may exercise this option by providing at least sixty (60) days'
written notice to City of its intention to exercise the option on the following terms:
i. The consideration for the sale shall be the payments and performance above
provided and the additional sum of $100.00, and TSA's acceptance of a
covenant running with the land, as provided in Section 41 below, to continue
the operation of the Aquarium Property as an aquarium and sea life park in the
manner required under Section 3 above.
ii. Any survey, title insurance, title searches or similar closing expenses shall be
at the sole cost and expense of TSA.
iii. Closing of the purchase and re-acquisition of the Aquarium Property shall occur
at the offices of a title company selected by TSA or at City's offices as
designated in the notice of exercise of the option provided by TSA.
iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then
existing condition, subject to those matters of record as set forth in the deeds
obtained by City when it acquired the Aquarium Property, without any
warranties or representations of City whatsoever except for the limited
warranty of title provided in the form of special warranty deed promulgated by
the State Bar of Texas.
V. No brokerage fees or commissions shall be due or owing to any parry arising
from the transaction.
vi. The Aquarium Property conveyed specifically shall exclude any parking lots
being leased by City from the State of Texas and subleased to TSA
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vii. The Lease Premises will be conveyed to TSA by the City by a Special
Warranty Deed containing the provisions set forth in Section 41 below, and in
form and content otherwise acceptable to the City.
Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall
terminate and be of no further force or effect, and the parties shall be released from all
obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate
and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this
Lease, and nothing in this section shall be construed as releasing TSA from its obligations under
the deed to continue operation of an aquarium and sea life park as provided above.
41. Special Warran . Deed. Upon TSA's exercising its option to purchase in
compliance with the terms and conditions of this Lease-Purchase Agreement, the City shall
convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and
conditions acceptable to the City, the Special Warranty Deed shall contain and include the
following provisions:
(a) Right of First Refusal. If TSA shall decide to sell the above described property to
a third parry on established terms and conditions acceptable to TSA, TSA shall
first offer the property to the City for the price and on the same terms and
conditions as are offered by the third parry. The City shall have ninety (90) days
from the date of the offer to the City in which to accept or reject the offer. In
connection with any such exercise of this right of first refusal by the City, the City
shall be entitled to a credit against the purchase price equal to the $14,5000,000
bond indebtedness issued by the City in connection with the initial construction of
the Aquarium. This right of first refusal shall inure to the benefit of City, and the
City's successors, representatives, and assigns, and shall continue in full force and
effect for a period of seventy-five (75) years from and after December 31, 2014,
and at the expiration of that period shall be of no further force or effect. In the
event that the City elects not to exercise the right of first refusal, the City shall be
repaid the $14,5000,000 bond indebtedness issued by the City in connection with
the initial construction of the Aquarium out of the sales price. Nonetheless, the
City Council may agree to subordinate this $14,500,000 repayment obligation to
future specified mortgage indebtedness.
(b) Subordination to Caribbean Building Mortgage Indebtedness. The obligations of
TSA to reimburse the $14,500,000 bond indebtedness to the City shall be
expressly subordinate to the obligations for payment of mortgage indebtedness
incurred by TSA pursuant to the terms and conditions of this Lease-Purchase
Agreement for the construction of the Caribbean Building Project. Such
subordination shall be included in the Special Warranty Deed provided above and
identify the leasehold mortgages, if any remain in effect at such time, by date and
recording information.
(c) Restrictive Covenant. The above described property shall be used, occupied and
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maintained solely as an aquarium and sea life park ("Aquarium"); provided,
however,that Grantee may operate food,drink,souvenir,and such other concessions
as the Grantee may deem consistent with, but secondary to, operation of the
Aquarium, including without limitation participating in fundraising activities; and
provided further that if the property is damaged by fire, storm or other event beyond
Grantee's control the Grantee shall not be in violation of this Restrictive Covenant
so long as Grantee is taking such action as is necessary to finance, design, rebuild,
reconstruct or repair the damages to the property in a timely manner. This restrictive
covenant shall expire on December 31, 2089.
(d) Utility Easements. The City shall have the right to reserve in the Special Warranty
Deed utility easements as needed to accommodate public utilities maintained in
areas being conveyed to TSA.
(e) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48-
inch storm water line shall be continued in the Special Warranty Deed unless TSA
has relocated such storm water line into a new easement without any
encroachments of TSA improvements.
(f) Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant,
after the lapse of sixty (60) days' written notice and the opportunity to cure such
violation the ownership and title to above described property and all improvements
and fixtures thereon shall revert to the City immediately upon the City giving TSA
written notice of reversion.
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EXECUTED in duplicate originals this day of , 2021, by duly
authorized representatives of the parties.
Attest: City of Corpus Christi, Texas
By: By:
Rebecca Huerta, City Secretary Name:
Title:
Legal form approved on , 2021.
By:
Assistant City Attorney
Texas State Aquarium ssociation
By:
Thomas H. Schmid, President & CEO
Acknowledgements
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the Da-&Jw-C 1S
2021,by Thomas H. Schmid,as President&CEO of the Texas State Aquarium Association,a Texas
non-profit corporation, on behalf of said corporation.
NICOLE AN DRADE
MY Notary ID#12014223 Notary Public, State of Texas
Expires February 23,2025
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STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the ,
2021, by as of the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
19
Exhibit 1
Actions related to land acquisition for Agatarium:
30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619
on January 27, 1987
Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on
February 16, 1988
Multiple Use Agreement with Texas Department of Transportation to allow parking under
the SH 181 bridge adjacent to TSA
Closing and abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street,
portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by
Ordinance No. 20244, on March 15, 1988
Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988
Acquisition of Parcels 1 and 10, authorized by Motion No. M87-0215 on June 2, 1987
Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987
Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987
Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by
Resolution No. 19941 on August 25, 1987
Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988
Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988
Acquisition of Parcel 4, authorized by Motion No. M88-0066 on March 22, 1988
Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988
Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988
Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No.
20210 on February 16, 1988
Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988
Page 1 of 3
20
Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988
Acquisition of Parcel owned by Helen Royal, authorized by Resolution No. 20346
on June 21, 1988
Actions related to parking Lot A for Aquarium:
- Multiple Use Agreement with Texas Department of Transportation to allow parking under
the SH 181 bridge adjacent to TSA
- 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No.
021839 on December 21, 1993
- Contact between City and TSA to construct a parking lot, issue Certificates of Obligation,
set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28,
1989
- Contract between City and Haas Construction Co.for paving streets,parking lots,bus loop,
irrigation, and landscaping improvements, authorized by Resolution No. 020852 on
December 19, 1989
- Actions related to financing for Aquarium
- Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates
of Obligation on
- Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF
Revenue Certificates of Obligation, on October 4, 1988
- Ordinance No. 020166 amending Re-Investment Zone No. 1 contracts with various
governmental agencies to provide financing for improvements to Aquarium and the Corpus
Christi Museum of Natural History on January 19, 1988
- Resolution 020169 on January 19, 1988
- Ordinance No. 019674 authorized a purchase agreement and Management contract which
set out duties, rights, obligations of City and TSA to construct and operate the Aquarium
on June 15, 1987
Page 2 of 3
21
Actions related to construction in area around Aquarium:
Award of construction contract for Waterfront Improvements to Garrett Construction
Company, authorized by Motion No. M88-0050 on March 8, 1988.
Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88-
0271 on December 20, 1988.
Award a Wastewater Line Construction Project to King Isles, authorized by Motion No.
M89-0071 on March 14, 1989.
Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on
August 15, 1989.
Award a contract to remove a leaking underground petroleum storage tank to Genesis
Environmental, authorized by Motion No. M90-094 on April 10, 1990.
Page 3 of 3
22
Exhibit A
Texas State Aquarium Subdivision, Lot G, as recorded in Volume 68 Page 856, Nueces County
Clerk Records.
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23
Exhibit B
Property located at 4901 Rincon Rd., Corpus Christi, Texas, which includes BROOKLYN
ACREAGE 124.78 ACS OUT OF W. E. POPE TR.
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24
DESCRIPTION OF SEALAB IMPROVEMENTS:
The subject consists of four(4) metal frame buildings on concrete slab. The buildings are
connected together and have a metal exterior and roof with overhead doors and pedestrian doors
in each.
Building #1 contains 5,750 square feet and is utilized as an office/laboratory facility with+/-
80% of the space as office and+/- 20%laboratory space.
Building #2 is a high bay metal building containing 3,150 square feet with a 24 foot eve height.
It has two 12'x 14' overhead doors and two pedestrian doors that lead outside.
Building #3 is similar to Building 92 and contains 3,000 square feet but has an eve height of 14
feet. It is a warehouse building with no interior finish and is utilized primarily to house an
observation tank for large marine animals. It has one 12'x 14' overhead door and a pedestrian
door.
Building #4 is a metal warehouse building containing 1,666 square feet with an eve height of 10
feet. The building is being utilized as locker/restroom facilities for youth groups that use
the facilities for educational purposes and field trips.
The site is perimeter fenced and has approximately 37,17 5 square feet of asphalt paving. An in-
ground, concrete tank measuring 45 feet wide by 185 feet long with a depth of 7 feet is located
near the entrance of the property.
25
Exhibit C
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Exhibit D
I. TEXAS STATE AQUARIUM (TSA) LEASE INSURANCE REQUIREMENTS
A. TSA must not commence work under this agreement until it has obtained all insurance
required herein and such insurance has been approved by the City. Nor may TSA allow
any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with
the City named as an additional insured for all liability policies, and a blanket waiver of
subrogation on all applicable policies, showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises—Operations
3. Products/Completed Operations Hazard
4. Contractual Insurance
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT
OWNED OR RENTED
WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
PROPERTY INSURANCE No less than 80%of full replacement cost coverage for
1. All Risk coverage to include Windstorm, all TSA real and personal property
Hurricane and Hail and Flood Insurance
In the event of accidents of any kind, TSA must furnish the Risk Manager with copies of all reports
of such accidents at the same time that the reports are forwarded to any other interested parties.
27
II. ADDITIONAL REQUIREMENTS
A. TSA must obtain workers' compensation coverage through a licensed insurance company
or through self-insurance obtained in accordance with Texas law. If such coverage is
obtained through a licensed company,the contract for coverage must be written on a policy
and endorsements approved by the Texas Department of Insurance.
If such coverage is provided through self-insurance,then within 10 calendar days after the
date the Contract Administrator or his designee requests that TSA sign the contract
documents, TSA must provide the Risk Manager with a copy of its certificate of authority
to self-insure its workers' compensation coverage, as well as a letter signed by the TSA
stating that the certificate of authority to self-insure remains in effect and is not subject to
any revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before final acceptance of the Work by the City, such
certificate of authority to self-insure is revoked or is made the subject of any proceeding
which could result in revocation of the certificate, then TSA must immediately provide
written notice of such facts to the City, by certified mail, return receipt requested directed
to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469-
9277 -Attention: Contractor Administrator.
Whether workers' compensation coverage is provided through a licensed insurance
company or through self-insurance,the coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by TSA will be promptly
met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation on all applicable policies.
If your insurance company uses the standard ACORD form,the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between
"be" and "canceled", and deleting the words, "endeavor to", and deleting the
wording after"left".
* The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of change or cancellation is required.
C. If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.13 (1)-(7), an authorized representative of the insurance
company must include a letter specifically stating whether items I.B. (1)-(7) are included
or excluded.
III. A completed Disclosure of Interest must be submitted with your proposal.
28
Exhibit E
FORM OF CERTIFICATION FOR PAYMENT
(Certification for Payment—Rescue Center)
CERTIFICATION FOR PAYMENT FORM NO.
The undersigned [(the "Construction Manager")/("TSA"] requests
payment from The City of Corpus Christi (the"City") in the amount of$
for labor, design, materials, fees, and/or other general costs related to the acquisition or
construction of certain authorized improvements to the Rescue Center.
In connection with the above referenced payment, [the Construction Manager/TSA]
represents and warrants to the City as follows:
I. The undersigned is a duly authorized officer of[the Construction Manager/TSA], is qualified
to execute this Certification for Payment Form No. on behalf of [the Construction
Manager/TSA], and is knowledgeable as to the matters set forth herein.
2. The work described in Attachment A has been completed in the percentages stated therein.
3. The Certification for Payment for the below referenced Authorized Improvements has not
been the subject of any prior Certification for Payment submitted for the same work to the
City or, if previously requested, no disbursement was made with respect thereto.
4. The amounts listed for actual costs of the authorized improvements, as set forth in Attachment
A, is a true and accurate representation of the actual costs associated with the acquisition,
design or construction of said Authorized Improvements.
5. [Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit
evidencing that any contractor or subcontractor having performed work described in
Attachment A has been paid in full for all work completed through the previous Certification
for Payment.][Include bracketed language if final progress payment for such Authorized
Improvement]
6. Attached hereto as Attachment C are invoices,receipts,purchase orders, change orders, and
similar instruments, which are in sufficient detail to allow the City to verify the actual costs
for which payment is requested.
(Signature pages follow)
29
I hereby declare that the above representations and warranties are true and correct.
[
a [Texas] [limited liability company], as
CONSTRUCTION MANAGER/Texas State
Aquarium Association, a Texas nonprofit
corporation]
By:
Name:
Title:
JOINDER OF PROJECT ENGINEER
The undersigned Project Engineer joins this Certification for Payment solely for the purposes of
certifying that the representations made by [Construction Manager/TSA] in Paragraph 2 above
are true and correct in all material respects.
By:
Name:
Title:
Date:
APPROVAL OF CERTIFICATION FOR PAYMENT
The City is in receipt of the attached Certification for Payment Form No. ,
acknowledges the Certification for Payment and otherwise finds the Certification for Payment
Form No. to be in order. After reviewing the Certification for Payment Form, the City
approves the Certification for Payment Form No. and shall release payment from [the
appropriate account] to [the Construction Manager/TSA] or to any person designated by the
[Construction Manager/TSA].
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
Date:
30
ATTACHMENT A TO CERTIFICATION FOR PAYMENT FORM NO.
Segment Description of Work Completed under Actual Costs
this Certification for Payment
ATTACHMENT B TO CERTIFICATION FOR PAYMENT FORM NO.
[Include Attachment B bracketed if final progress payment for such Authorized
Improvement]
[bills paid affidavit and release of liens - attached]
ATTACHMENT C TO CERTIFICATION FOR PAYMENT FORM NO. -----
[Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in
sufficient detail to allow the City to verify the actual costs for which payment is requested]
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
so
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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 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
IL
I t 105
CG-2
12
123
722 26
MARGWE i-TE ST - 41 43 109
OR
5s
— 124
42 13
40 [)f
M-3 — 106 87 125
97 84 85 86 70 25
R -6 32 — 24 aDl 57
76 V G URITE- T
m 58 28
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g 128
89 N I v 27
MAR ST 107 108 45 127 61.62
SUBJECT 59 L LL LL29
R5-6 1165 6 PROPERTY MARY ST
- 911
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1c
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g. 177.67.68 36 fo 719 53 (P rF5 pared i3y-.R!gR
Feel Departmertt•m; lopmefr'SErrices
Case # 0927-02 - �M¢
i
ZONING & NOTICE AREA
j i
RM d Multifamily f IL Lght Industrial ��V�—f
RM-2 Multifamily IH Heayyl,d—trial 8J C Y R7
RM-3 Multifamily3 PL1Q Planne d Unit lkw.Overlay .OPER,
ON Protessianal Offirx RS-tp %ingl,F—ily 16
R"T Multifam ly AT RS-6 Single-Family6
Commercial
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
C1-2 OeneralCwnmerc al SP Special Perm'. ORGM
CI kder�'ne Commerc ial RV Recreational Vehicle Park
CBD Qowntown Comme inial RMH Manufactured H—
_R,3 Resort Cwrvmen:ial
FR Farm.Rural 4+�
H HistoricO-rl y �Lp�
BP Business Park
® ! C�
❑ er Q°i-
i ; „„e-AWms X. cocarroN MAP a � �h
°
Staff Report
Page 6
EEI
21TH aymer
0 r
171
x
__. .. 19TH STREET
T M
n o
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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Site Plan
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CODE C'HLL�ENI�k
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Zoning Pattern and Adjacent Development
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q�oQ �� "CI" to "RS-6": Type C: 15' & 15 Pts.
Pf30OPCf34S7 "CI" to "CN-1"- N/A
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45.6R04 212 Setbacks:
Street: 0 feet
�� Sides/Rear: 0 feet
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PI" Parking: N/A
Q��X477
Rs Landscaping, Screening, and
C@H@man!°lams@ C�0 Lighting Standards
PI" Q8-@
1"7 M@ q94� CH-1 RM-3 Uses Allowed: Apartments, Retail,
CN-1 ofteq INN Offices, and Restaurants
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Land Use
Existing Land Use Future Land Use
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CC-3 I
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OVacant Med.Density Commercial O Low Density Commercial O MixedUseResidential Residential
OLow Density = public/Semi-Public High Density O Med.Density Light Industrial
Residential Light Industrial 9
Residential Residential
5
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
J1 as 1�13
68-3 S 106 e] ,115
9) 8d 85 86 10 2_5 F
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Notification Area — - -� 20 GU RITE- T
8 28
a] -fir
I5 36 33 148 88
iAp — 90 92 2
89
N N 2]
MAR ST 10] —a]1611 62
Opposed: 3 (1 .45%) SUBJECT
116 5
PRO—RTY MARY 5T
R5-6 6 9fi
Separate Opposed Owners. 2 1}J
_ _ °
J, J
82 23 126 110
L
RM-3
d6 18 55 69.6°
14 ,5
-— 83
In Favor: 17 (13.89%) MO ISST - MORRISBrT
All from Applicant bJ „2 „d z, 8 118 xx9
H
f 30 6J 115 95 J2 f9 65 49.66 ]]102 50 1 1183 54'81 121 38
Notified property owner's land in square RS-6 COLEMAN- E "
A-17'732
1A 13] 40 98199 COLEMAN AVE
�
feet/Total square footage of all property in _
34 18 119 35 22 �52 120 37 80
the notification area =
Percentage of public opposition
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
Wastewater:
8-inch VCP
Gas:
2-inch Service Line
Storm Water:
N Roadside Inlets
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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 §
���
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
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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
(1,039 sq. ft.) portion of an existing 15-foot wide easement out of JOSLIN TRACTS,
Block 2, Lot 6, 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 ,039 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 ,039 sq. ft.) portion of an existing 15-foot wide easement out
of JOSLIN TRACTS, Block 2, Lot 6, 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
Page 1 of 1
C 0 R P U S
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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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L4 S62'37'1 6"E 69.29' C14 w IVOL 67 PG 265
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BASS OF o EARNG 1
STATE OF TEXAS, LAMBERT GRID, SOUTH ZONE, NAD JO
1983. ESTABLISHED BY STATIC OBSERVATION AND
OPUS SOLUTION BY NGS
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J 15 UE DOC# 2008039788 D.R.N.C.T.
J 11039 SQ. FT.
Lz _0.024 ACRES
UTILITY- EM09__
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"=20'
Corpus Christi, Tx. 78404 Date: 7/6/21
(361) 882-5521 (phone) �9 9 99 Drawing No: 21025-15UE
EXHIBIT
(361) 882-1265 (fax) Plotscole: 1=1
Firm Registration No. F-52 Sheet 2 of 2
,M
Easement Closure
For
7602 South Padre Island Drive
(Lot 6, Block 2, JOSLIN TRACTS)
City Council Presentation
November 9, 2021
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The applicant requesting the utility easement closure has
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easement closure request has been processed in
accordance with Section 49-13 of the City Code of
Ordinances.
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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
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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
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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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Ordinance Language
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
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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.
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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
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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.
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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' §
L�.tcC�e.r z�
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
My Appt. Expires - c - Z
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
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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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2 A-2 ]tt' 69' ]!' TLC8T 5]5 2
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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6'10" i 10'7•• 1
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
P =1-7
'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' ----- ------ --------- —
r
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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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
SWrzge R
_- v.cmm�m.Y ��•� sroa - v.absroa
C.l. —i ° C.Reshomv Clrc4erc ° Re_vfmnm
TA 461
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NealCdiT'AS`s�`i
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.
22'11"
6" 1Y r T
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6 _ ) Female stili Facilities
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ZOrH710���3�6�� Z73'S" 1d" y.y.. 111. 111" m
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
L�
v Ar'4 `
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
;
Structure Painty
a e'
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VoM
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)
is
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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
JVA
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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
®®
Additional Items for • • - •
4
Splash Pad and Interior Common Area Landscape Design - $100,000
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Exterior Landscape Design - $100,000
Qr Additional Items for Consideration
4
04 I
•• $50,000
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Additional Items for • • - •
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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
ONE
It
11
/ f
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
'�- o. ��f II�������S6E ay�! fM1 ��, ..�.. �. _ �s:�7�•_�T ����. �� LL� War o-.n.a � �._ R1-.z.71u:'�=�,.
�Y
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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)
I
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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
IT
❑ —LOCKER ROOM
SHOWER!
`eoora .m� RESTROOM
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AASF
WOMEN'S LOCKER ROOM CONCEPT 2
1H'=1'V
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.
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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
U
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,
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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
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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
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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
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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
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B40D
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
DocuSign Envelope ID:OB4B3726-776D-4E46-9482-OE8A7164B4OD
• 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
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORPg4 First Reading Ordinance for the City Council Meeting November 16, 2021
1852 Second Reading Ordinance for the City Council Meeting December 7, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(a)-cctexas.com
(361) 886-2603
Accepting and Appropriating Grant Funds from State Farm Insurance for the Police
Department Crime Reduction Unit
CAPTION:
Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of
$10,000.00 for the Police Department Crime Reduction Unit to purchase supplies used to promote
and support Neighborhood on Watch groups throughout Corpus Christi; and appropriating
$10,000.00 in the Police Grants Fund.
SUMMARY:
This ordinance authorizes the acceptance of a grant and appropriation of funds from State Farm
Insurance to be used by the Corpus Christi Police Department (CCPD) for the Crime Reduction
Unit.
BACKGROUND AND FINDINGS:
The CCPD has been awarded funding from State Farm Insurance for the Crime Reduction Unit
to encourage citizen participation and assist residential groups with organizing and maintaining
active Neighborhood on Watch NOW programs. The grant will help purchase supplies such as
brochures promoting the NOW program and crime prevention tips, signage designating streets
as NOW locations, and promotional items used to promote and support NOW groups throughout
Corpus Christi. NOW enhances communication within our neighborhoods and allows us to
enhance our community. The groups will be challenged to remain active and conduct a minimum
of three neighborhood meetings per year. The NOW program will encourage citizens to be the
"first boots on the ground" in their neighborhood and assist in crime reduction in their
neighborhood. This is the first time that the City has received this grant.
The award period is for November 1, 2021 to December 31, 2021.
ALTERNATIVES:
The alternative of not accepting the funds will result in a less visible crime reduction program in
Neighborhoods on Watch.
FISCAL IMPACT:
The fiscal impact for FY 2022 is the acceptance and appropriation of the State Farm Insurance
grant in an amount of$10,000.00 to the Police Grants Fund. The City is not required to provide a
cash match.
Funding Detail:
Fund: 1061
Organization/Activity: Police Grants fund
Mission Element: 152
Project # (CIP Only): N/A
Account: 520090— Minor Tools and Equipment
Amount: $10,000.00
RECOMMENDATION:
Staff recommends accepting the award and appropriating the item.
LIST OF SUPPORTING DOCUMENTS:
Grant award letter
Ordinance authorizing acceptance of a grant from State Farm
Insurance in the amount of$10,000.00 for the Police Department Crime
Reduction Unit and appropriating $10,000.00 in the Police Grants
Fund.
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 State Farm Insurance in the amount of $10,000 for the
Police Department Crime Reduction Unit.
SECTION 2: $10,000 from State Farm Insurance, is appropriated in the No. 1061 Police
Grant Fund.
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
Vicky Glenn
To: Melissa Castro
Subject: RE:Your State Farm funding request for Crime Reduction Unit-Neighborhood on Watch has been approved!
-----Original Message-----
From:cgsupport@cybergrants.com<cgsupport@cybergrants.com>
Sent:Monday,November 01,20213:51 PM
To:Melissa Castro<MelissaMa@cctexas.com>
Subject:Your State Farm funding request for Crime Reduction Unit-Neighborhood on Watch has been approved!
[[WARNING:External e-mail.Avoid clicking on links or attachments.We will NEVER ask for a password,username,payment or to take action from an email.
When in doubt,please forward to SecurityAlert@cctexas.com.]]
Warning:Replies to this message will go to cgsupport@cybergrants.com.If you are unsure this is correct please contact the Helpdesk at 826-3766.
Congratulations!Your State Farm'funding request for the Crime Reduction Unit-Neighborhood on Watch has been approved for$10,000.00.
You will receive an email within 6-8 weeks providing you with payment details including an estimated date.
State Farm is proud to support your program and to fund this great cause.
Sincerely,
Felicia Hutchins
Request ID:70595791
Organization Name:City of Corpus Christi
CG/J MAI L/221786049
1
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µoRPORPg4 First Reading Ordinance for the City Council Meeting November 16, 2021
1852 Second Reading Ordinance for the City Council Meeting December 7, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema(a)-cctexas.com
(361) 886-2603
Accepting and Appropriating Grant Funds from State Farm Insurance for the Auto Burglary
and Auto Theft Holiday Public Awareness Campaign
CAPTION:
Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of
$10,000.00 for the Auto Burglary and Auto Theft Holiday Public Awareness Campaign which
educates the community on the prevention of auto burglaries and auto theft; and appropriating
$10,000.00 in the Police Grants Fund.
SUMMARY:
This ordinance authorizes the acceptance of a grant and appropriation of funds from State Farm
Insurance to be used by the Corpus Christi Police Department (CCPD) for the holiday public
awareness campaign. The campaign will educate the community on prevention from becoming a
victim of auto burglary and auto theft.
BACKGROUND AND FINDINGS:
The CCPD has been awarded funding from State Farm Insurance for the Auto Burglary and Auto
Theft holiday public awareness campaign. Auto burglaries continue to be one of the most
committed crimes in Corpus Christi. Fifty percent of the auto burglaries reported in 2020 also were
"victim assisted," meaning that the victim left the vehicle unlocked.
The month of November marks the beginning of the Holiday Shopping Season. The Public
Awareness Campaign will reach all demographics in Corpus Christi and utilize available media
and social platforms to educate our community on preventing residents from becoming victims of
auto burglary and auto theft.
The funds will be used to purchase from the Regional Transportation Authority five bus wraps and
advertising on ten bus benches, including production of the wraps and advertising space. The
locations of the bus benches will be based on availability and "hot spots" for auto crimes. The bus
wraps will be chosen according to travel into shopping centers, business centers, parking lots,
etc. The award period is for six months, from November 2021 to May 2022. Last year was the first
time that the City received this grant, and it was in the same amount as this year's grant. However,
the Holiday Initiative is an annual campaign to help education residents on auto loss prevention.
ALTERNATIVES:
The alternative is not to accept the funds, which will result in the holiday public awareness
campaign for auto burglary and auto theft not occurring.
FISCAL IMPACT:
The fiscal impact for FY 2022 is the acceptance and appropriation of the State Farm Insurance
grant in an amount of$10,000.00 to the Police Grants Fund. The City is not required to provide a
cash match.
Funding Detail:
Fund: 1061
Organization/Activity: Police Grants fund
Mission Element: 152
Project # (CIP Only): N/A
Account: 530000— Professional Services
Amount: $10,000.00
RECOMMENDATION:
Staff recommends accepting the award and appropriating the item.
LIST OF SUPPORTING DOCUMENTS:
Grant award letter
Ordinance authorizing acceptance of a grant from State Farm
Insurance in the amount of $10,000.00 for the Auto Burglary and Auto
Theft Holiday Public Awareness Campaign; and appropriating
$10,000.00 in the Police Grants Fund.
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 State Farm Insurance in the amount of $10,000 for the
Auto Burglary and Auto Theft Holiday Public Awareness Campaign.
SECTION 2: $10,000 from State Farm Insurance, is appropriated in the No. 1061 Police
Grant Fund.
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
Program Information
*Request Owner: Felicia Hutchins
Request Source: External (Submitted 10/29/2020)
Proposal Type: CR-Strategic
Invitation code(where applicable): CZZ3 (DICZZ3)
Alert Text:
Organization Alert Text: getAOValue
(447634,489099,'request',(Request ID));:
Organization Tax ID:getAOValue
(512969,485347,'request',(Request ID));:
Program Title: Auto Burglary and Auto Theft Holiday Public Awareness Campaign
Program Area(Primary): Safety—improving driver, passenger, vehicle, or roadway safety
Program Start Date: 11/01/2021
Program End Date: 11/30/2021
Provide a program summary,including
program objectives, program activities,
and program benefits.: The month of November marks the beginning of the Holiday Shopping Season. The
Public Awareness Campaign will reach all demographics in Corpus Christi and utilize
media and social platforms to educate our community on the prevention of becoming a
victim of auto burglary and auto theft.
Provide the intended outcomes of your
program.: The Auto Burglary and Auto Theft Holiday Public Awareness Campaign will assist
vehicle owners to understand the magnitude of the auto crime problem and bring light
to the increase of auto burglary and auto theft during the holiday season. Marketing
must be directed toward the promotion of proactive behavior in the community that
results in the reduction of auto burglary and auto theft.
Date the program was originally 11/20/2018
established.:
Is this is an established program?: Yes
List your demonstrated successes.: Crime analyst data will be will used to maintain intelligence files and generate reports
of repetitive patterns in comparison to prior year data.
Program Budget and Funding
Requested Grant Amount: $10,000.00
Do you agree that no more than 30 Yes
percent of the funded amount from State
Farm will be used towards salaries? :
Please complete the program funding Expense Type Total Cost of Expense Requested Amount Charitable Amount Non-Charitable Amount
details provided in the template below. Graphics production, 10000 10000
installation and maintenance of
bus bench campaign.
10000 10000 0 0
Has State Farm previously provided Yes
funding for this program?:
How will this year's program build upon
previous year's to warrant additional
funding?: New Campaign, new signage
List other organizations that are Organization Name Funding Amount
financially supporting the program,along 0
with the amounts committed.
Program Impact
What one geographic area will benefit Texas
most from this program?:
CITY OF CORPUS CHRISTI#15137809
Auto Burglary and Auto Theft Holiday Public Awareness Campaign#65061905
Page 1 of 5
Counties-Texas: Nueces
Identify the neighborhood,city,county or
region that benefits from this program.: Corpus Christi,Texas and all surrounding coastal bend areas.
List any schools or school districts
impacted by this grant. If none,please
enter Not Applicable.: Corpus Christi Independent School District and all surrounding coastal bend areas.
Provide the number of participants that
are directly impacted or benefit by this
program as a result of State Farm's
funding.:
Provide the percentage for each ethnicity American Indian\Alaska Native: 1%
served by the program.All percentages Asian: 2%
must add up to 100%.: Black\African American: 4%
Hispanic\Latino : 64%
Native Hawaiian\Other Pacific Islander: 1%
White: 28%
Provide the percentage for each age 0-4 yrs Infants\Toddlers: 7%
group served by the program.All 5-12 yrs Children: 7%
percentages must add up to 100%.: 13-20 yrs Teens\Young Adults: 25%
21-29 yrs: 10%
30-64 yrs: 36%
65+yrs Seniors: 15%
Does this program serve a majority of No
low-to-moderate-income population?
Engagement Opportunities
Are any elected officials and/or
community leaders involved with this
program? :
List the names of the elected officials and Title of Elected Official First Name Last Name How do they serve within the
their roles within the program or program or organization?
organization.
How can State Farm employees and
agents be involved with your program or
organization? : Volunteer, attend press conference.
Provide the names of State Farm agents First Name Last Name Role within your Organization
and employees who are connected and
engaged with your program.
Communication and Recognition
How do you plan to publicly communicate
the program?(Hold CTRL key and click to
select all that apply): Public Relations Media—Broadcast
Public Relations Media- Print
Social Media
How will State Farm be recognized if a
grant is provided?(Hold CTRL key and
click to select all that apply): Mention in media releases
Social Media
Branding/logo opportunities
Signage
CITY OF CORPUS CHRISTI#15137809
Auto Burglary and Auto Theft Holiday Public Awareness Campaign#65061905
Page 2 of 5
Please provide details on how State Farm
branding/logo will be used.: include on press release as well as bench signage
Do you agree to provide State Farm semi- Yes
annual and/or final results of this
program? :
If funded,does State Farm have Yes
permission to use the organization's logo
for recognition? If so,click Save and
Proceed and attach the logo on the next
page.
Attachments
Attachments: 2020 W-9_ 1201 Leopard Street.pdf
Attachments(Internal State Farm
Associate View Only):
Request Owner Review
I have read the grant application and
confirm all State Farm activity will be
charitable in nature and not include any
of the following business benefits::
*State Farm®product marketing
opportunities (i.e.,brochures,business
cards,collecting leads at events):
*State Farm HR or Agency recruiting
opportunities:
State Farm Bank®branded program
inclusion (i.e.,Slice of Life, Financial
Foundation):
*State Farm Marketing program inclusion
(i.e.,Steer Clear):
*State Farm associate involvement
directed to marketing/recruiting activities:
*State Farm ads that are product/
recruiting in nature(ads should be image
only):
*1 confirm: Yes
*Signature: Felicia Hutchins
*Signature Date: 11/10/2020
Corporate Review
Auto Safety: Yes
COVID-19: No
LMI: No
Market Area: South Central
Payment
Payment#67316381
*Payee Name1: City of Corpus Christi
Payee Name2:
Payee Address1: 1201 Leopard Street
CITY OF CORPUS CHRISTI#15137809
Auto Burglary and Auto Theft Holiday Public Awareness Campaign#65061905
Page 3 of 5
Payee Address2:
City: Corpus Christi
State: Texas
Zip: 78401
Country: United States
*Do you authorize us to send your Y
payment disbursements via ACH?:
*Payment ID: 67316381
*Payment Type: ACH
*Payment Status: Paid
*Budget: 2021 - CORPORATE RESPONSIBILITY/MUTUAL/MARKET AREA/SOUTH CENTRAL/
SOUTH CENTRAL\STRATEGIC
*Requested Payment Date: 02/01/2021
*Payment Amount: $10,000.00
Payment Date: 02/26/2021
Check Number: ACH 2472659
Fund Donor ID:
GL Account ID:
Donating Department:
Peoplesoft Voucher Number:
Receipt Form Received?: N
Scan
No matches were found
Approval
Requested Amount: $10,000.00
*Grant Amount: $10,000.00
Prior Approved Grants: •2020 - Auto Burglary and Auto Theft Holiday Public Awareness Campaign -
$10,000.00
Request Status: Approved
Approval Step 1: Strategic Focus- Request Owner
Performed By: Felicia Hutchins/Analyst-Corp Responsibility
Completed: 11/10/2020
Result: Approved
*Review Notes: We have been a part of this campaign since inception. It directly assists in bringing
about awareness of increased auto burglary in form of break-ins as well as theft.
Approval Step 2: David Coakes- Review
Performed By: David Coakes/Manager-Corp Responsibility
Completed: 11/10/2020
Result: Approved
*Review Notes: Approved!
Approval Step 3: Cyra Buttell- Review
Performed By: Crystal Butler/Analyst-Corp Responsibility
Completed: 02/01/2021
Result: Approved
*Review Notes: Approved 10,000 for S Central strategic funding
CITY OF CORPUS CHRISTI#15137809
Auto Burglary and Auto Theft Holiday Public Awareness Campaign#65061905
Page 4 of 5
Verified no marketing or recruiting
Verified manually as gov entity
Approval Step 4: Budget Review-Cyra Buttell
Performed By: Crystal Butler/Analyst-Corp Responsibility
Completed: 02/01/2021
Result: Approved
*Review Notes: Verified all data correct
Contact
Contact Type:
Salutation:
Prefix: Ms.
Position/Role: Police Management Service Director
*First Name: Pat
Middle Name:
*Last Name: Eldridge
Street Address: 1201 Leopard Street
Address 2:
City: Corpus Christi
State: Texas
State or Province:
Postal Code: 78401
Telephone: 361-886-2696
Extension:
Fax:
E-mail Address: Pat@cctexas.com
Last Saved By: 1000000011278971
Last Saved Date: 23-OCT-20 12.17.01.363207 PM
Created By: 1000000011278971
Creation Date: 10/23/2020
*Internal Use Only?: N
CITY OF CORPUS CHRISTI#15137809
Auto Burglary and Auto Theft Holiday Public Awareness Campaign#65061905
Page 5 of 5
0'�
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CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 16, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
RRocha(a-)-cctexas.com
(361) 826-1941
Josh Chronley, Assistant Director of Finance-Procurement
JoshC2(a-)-cctexas.com
(361) 826-3169
Lease Purchase of Three 2022 Medic Units and Cash Purchase of One 2022 Medic Units
for the Corpus Christi Fire Department
CAPTION:
Motion authorizing the lease-purchase, via JP Morgan, of three replacement medic units and the cash
purchase of one additional medic unit all from Sterling McCall Ford, of Houston, Texas, based on the
cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard, for a
total amount of $1,132,973.56, effective upon issuance of letter of acceptance, with FY 2022 funding in
the amount of$303,772.18 available through the General Fund.
SUMMARY:
This motion will authorize the lease purchase for the replacement of three ambulances and the cash
purchase of one additional ambulance to be used by the Corpus Christi Fire Department (CCFD) to
respond to emergency calls throughout the community. These units are being procured through the
BuyBoard Cooperative. Three are replacements to existing fleet and one is an addition to the CCFD fleet.
BACKGROUND AND FINDINGS:
CCFD has an operational need for four 2022 Dodge 4500 Ambulances, with three of these being
replacements and one being an addition. Regular replacement of front-line equipment is essential to
provide for a cost-effective maintenance program and to maintain reliability of all equipment. The three
ambulances being replaced are 2009 and 2010 models, which are all passed their service life of five years
as front-line vehicles and five years reserve. The units being replaced are those with the least cost-effective
maintenance and performance history. These replacement ambulances will be utilized as front-line
emergency response medic units at fire stations experiencing high call volumes. The fleet being replaced
will be placed on reserve status and the older reserve units will be removed from the fleet inventory
altogether.
Additionally, CCFD will be adding another ambulance to its fleet. Emergency service calls have increased
by approximately 1,000 calls during the past year. To keep up with the increase in emergency service calls
and maintain adequate response times, CCFD has placed the additional ambulance at station 17 (6869
Yorktown Blvd).
To maintain a reliable front line fleet, CCFD works to replace its front line units when they reach between
five to seven years in age. Once the front line units reach this age range, they are then moved to reserve
status. The oldest and least reliable reserve units are altogether removed from CCFD's inventory when
new replacements are purchased. CCFD is able to maintain this schedule by purchasing three to four
replacement units every year. The three lease-purchase ambulances will be going to the front line and the
current ambulances that they are replacing will be placed in the fleet reserve.
All purchases are being funded through the FY 2022 adopted budget.
With the cash purchase of the one additional medic unit, the current CCFD fleet will now include 13 front
line ambulances. Below is a chart signifying the 13 stations with ambulances.
Station Address Ambulance
1 514 Belden(78401) X
2 13421 Leopard (78410) X
3 1401 Morgan Ave (78404) X
4 2338 Rodd Field Rd (78414)
5 3105 Leopard St(78408)
6 6713 Weber Rd (78413) X
7 3722 S. Staples St(78411) X
8 4645 Kostoryz Rd (78415) X
9 501 Navigation Blvd (78408) X
10 1550 Home Rd (78416) X
11 910 Airline Rd (78412) X
12 2120 Rand Morgan Rd (784 10)
13 1802 Waldron Rd (78418) X
14 5901 S. Staples St(78413) X
15 14202 Commodores Dr(78418) X
16 8185 State Hwy 361 (78418)
17 6869 Yorktown(78414) X
18 6226 Ayers St(78415)
PROCUREMENT DETAIL:
The procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard
Cooperative have been competitively procured and follow Texas Local and State procurement
requirements.
ALTERNATIVES:
An alternative to replacing medic units is to continue using the older ambulances and to continue paying
for frequent maintenance which results in units being out of service for repairs. Keeping the current number
of 12 medic units instead of adding a thirteenth will likely elongate EMS response times as the EMS call
volume continues to increase.
FISCAL IMPACT:
The financial impact for the Corpus Christi Fire Department in FY 2022 is an amount of$303,772.18 which
includes the cash purchase of one 2022 medic unit in an amount of $260,130.00 and three monthly
payments in FY 2022 for the three units being leased purchased in an amount of$43,642.18.
Financing for the lease-purchase of three 2022 Medic Units is based on a sixty-month term with an
estimated interest rate of 3.50% for an annual estimated payment of$174,568.71. The total estimated cost
over the five-year period, including principal of$799,670.00 and interest of$73,173.56, is $872,843.56.
Total Lease-purchase price: $ 799,670.00
Total estimated allowable interest for Lease: $ 73,173.56
Grand Total $ 872,843.56
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 35100 City Ambulance
Mission Element: 093 Emergency Response Calls
Project # (CIP Only): N/A
Account: 550020 Vehicles & Machinery
Amount: $260,130.00
Fund: 1020 General Fund
Organization/Activity: 35100 City Ambulance
Mission Element: 093 Emergency Response Calls
Project # (CIP Only): N/A
Account: 530190 Lease Purchase Payment
Amount: $43,642.18
RECOMMENDATION:
Staff recommends approval of this motion authorizing the lease-purchase of three medic units and
purchase of one medic unit, as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheets
City of Corpus Christi Price Sheet
Contracts&Procurement Lease Purchase of Three Medic Units for CCFD
Buyer: T Desirree Ortiz BuyBoard Contract 650-21
Sterling McCall Ford
HOUSTON,TX
ITEM DESCRIPTION UNIT EXTENDEDTOTAL
1 TYPE 112'ON FORD F-450 DIESEL 4X2 REG CAB(Medic Units) 3 $181,250.00 $543,750.00
2 Published Options 3 $64,200.00 $192,600.00
3 Unpublished Options 3 $20,840.00 $62,520.00
4 BUYBOARD 1 $800.00 $800.00
TOTAL PURCHASE PRICE $799,670.00
City of Corpus Christi Price Sheet
Contracts&Procurement Purchase of One Medic Unit for CCFD
Buyer: Desirree Ortiz BuyBoard Contract 650-21
STERLING McCALL FORD
HOUSTON,TX
ITEM DESCRIPTION UNIT EXTENDED TOTAL
1 TYPE 117 ON FORD F-450 DIESEL 4X2 REG CAB(MEDIC UNIT) 1 $181,250.00 $181,250.00
2 PUBLISHED OPTIONS 1 $60,600.00 $60,600.00
3 UNPUBLISHED OPTIONS 1 $17,480.00 $17,480.00
4 BUYBOARD FEE 1 $800.00 $800.00
TOTAL PURCHASE PRICE $260,130.00
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WoRPORPg4
1852 Action Item for the City Council Meeting of November 16, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Charles Mendoza, Director of Asset Management
Charles m2(a)cctexas.com
(361) 826-1941
Josh Chronley, Assistant Director of Contracts and Procurement
Joshc2(a)cctexas.com
(361) 826-3169
Elevator and Escalator Preventative Maintenance Program
CAPTION:
Motion authorizing a five-year service agreement with EMR Elevator, Inc. of Arlington,
Texas in an amount not to exceed $ 903,263.00 for elevator, escalator, dumbwaiter and
wheelchair lift preventive maintenance program and preexisting repairs, via The Interlocal
Purchasing System (TIPS) Cooperative effective upon issuance of notice to proceed, with
FY 2022 funding in an amount not to exceed $150,660.50 available in the Asset
Management - Facilities Fund.
SUMMARY:
This is a motion to approve a service agreement with EMR Elevator, Inc. of Arlington,
Texas to perform elevator maintenance and repair services to City owned facilities. These
services are necessary to maintain the elevators, escalator, dumbwaiter, and wheelchair
lifts from deteriorating and ensure code compliant status. The services will be provided
on an as needed basis. This contract covers 28 different assets in different city facilities
and is being tracked in Maximo.
BACKGROUND AND FINDINGS:
The contractor shall provide Preventive Maintenance and repairs to all elevators,
dumbwaiter and wheelchair lifts located at different City facilities. The work performed
must be accomplished in a manner that meets all applicable specifications, trade
standards and provisions, and federal, state, and local codes and elevator manufacturer's
recommended procedures. Contractor is responsible for removing existing material and
disposing all waste materials. These services will be a Service Agreement for Building
Maintenance and Repair Services performed on an as needed basis under individual
projects that will be based on unit prices. The City is recommending awarding the contract
to EMR Elevator.
PROCUREMENT DETAIL
This procurement via The Interlocal Purchasing System (TIPS) Cooperative. Contracts
awarded through the (TIPS) Cooperative have been competitively procured in compliance
with Texas Local and State procurement requirements.
ALTERNATIVES:
The alternative is to perform the work in-house. However, due to the type of work required
the Asset Management Department would have to increase their staff.
FISCAL IMPACT:
The fiscal impact for the various departments for the various departments for the first
year is $150,660.50. The department will allocate the required funds as needed. The
remaining cost will be budgeted in future years during the annual budget process.
FUNDING DETAIL:
Fund: 5115 —Asset Management — Facilities Fund
Organization/Activity: 40300 — Facility Management and Maintenance
Mission Element: 191
Project # (CIP Only): N/A
Account: 530215 — Operate City Buildings and Facilities
RECOMMENDATION:
Staff recommends approval of this motion authorizing the five-year service agreement as
presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Price Sheet
Contracts and Procurement Price Sheet-Elevator and Escalator Preventative Maintenance Program
Senior Buyer: Cynthia Perez TIPS-Contract#190502
EMR Elevator Inc.
Arlin ton Texas
ITEM DESCRIPTION Qty. 5 Years Unit Unit Price Total
Preventative Maintenance Program
for all Elevator, Escalator,
1 Dumbwaiter and Wheelchair Lifts 60 Months $6,765.00 $405,900.00
Including Repairs, Replacement and
Annual Testing and 5 years testing.
Total no.of equipment-28
Mechanic Normal
2 Hours Monday-Friday 8:00 AM to 1000 HRS $126.00 $126,000.00
5:00 PM
Helper Normal
3 Hours Monday-Friday 8:00 AM to 1000 HRS $88.20 $88,200.00
5:00 PM
Mechanic
4 Overtime Hours after 5pm Monday 450 HRS $214.20 $96,390.00
through Friday and Weekends and
Holidays
Helper Overtime
5 Hours after 5pm Monday through 450 HRS $149.94 $67,473.00
Friday and Weekends and Holidays
Mark up%
6 Estimated Parts/Materials Allowance $100,000.00 20% $120,000.00
TOTAL $9037963.00
DocuSign Envelope ID:OCBOCAF2-FE79-4FFF-9383-E447F994DA55
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Elevator and Escalator Maintenance and Repairs
yeanaonn!e�
1852
THIS Elevator and Escalator Maintenance and Repairs Agreement ("Agreement")
is entered into by and between the City of Corpus Christi, a Texas home-rule
municipal corporation ("City") and EMR Elevator, Inc.("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Elevator and Escalator Maintenance and
Repairs in response to Request for Bid/Proposal No. 3621 ("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 Elevator and Escalator Maintenance and Repairs
("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 five years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so 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
$903,963.00, 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
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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: Rebecca Serna
Department: Asset Management
Phone: (361 ) 826-3388
Email: RebeccaS@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: Rebecca Serna
Title: Asset Management
Address: 5352 Ayers Bldg. 3A
Phone: (361) 826-3388
Fax: N/A
IF TO CONTRACTOR:
EMR Elevator, Inc.
Attn: Cory Ernst
Title: Regional Vice-President
Address: 2320 Michigan Ct. Arlington, Texas 76016
Phone:(817) 701 -2400
Fax: (817) 701-2404
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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.
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CONTRACTOR
pD
ocuSigned by:
Signature:
Printed Name: Cory Ernst
Regional vice President
Title:
Date: 11/3/2021
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. 3621
Exhibit 2: Contractor's Bid/Proposal Response
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o�y[IS
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� ATTACHMENT A: SCOPE OF WORK
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1.1 General Requirements
A. The Contractor shall provide Preventive Maintenance and Repairs to all Elevators
Escalators, Dumbwaiter and Wheelchair lift located at different City Facilities. The
locations of the equipment covered under this contract are listed in this Scope of
Work.
B. The Contractor will be responsible for furnishing all labor, supervision, tools,
materials and equipment necessary to fully maintain elevators, escalator,
Dumbwaiter and Wheelchair lift in accordance with all terms, conditions, and
schedules of this specification and to keep them in first class operating conditions.
C. All work performed under this contract shall be performed in accordance with all
applicable codes and standards. American Standard Safety Code ANSI
Al 7.1 (latest edition or revisions), American Society of Mechanical Engineers Code
ASME A17.1117.3(latest edition or revisions), Elevator manufacturer's
recommended procedures.
D. All the work shall be performed during normal hours 8:00 AM to 5:00 PM unless it is
approved by the Contract Administrator.
1.2 Preventive Maintenance Program
A. The Contractor shall provide complete preventive maintenance program
including cleaning, maintenance, lubrication, packing, adjusting, calibrating,
repair/replacement, testing, and repairs on all parts of the elevator, escalator,
dumbwaiter and wheelchair lift including but not limited to the following:
1 . Machines, including worms, gears, thrust bearings, drive sheaves, drive
sheave shaft bearings, brake pulleys and all other components and parts
of the machine and brake
2. Hoist and governor ropes, including tension equalization.
3. Hoist motors, including motor windings, solid state power conversion drive
rotating elements, including commutators, brushes, brush holders and
bearings and all other related components and parts.
4. Motors windings shall be treated as needed with proper insulting
compound, which has been approved by the motor manufacturer.
5. Controllers, encoders, transducers, selectors and dispatching equipment,
including all relays, solid- state components, resistors, capacitors,
transformer, contact, leads, timing devices, computer devices, steel tape
and mechanical and electrical driving equipment and all other related
components and parts
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6. Pump units, including motors belts, sheaves or pulleys, valves, seals,
mufflers, heating elements, tank, tank oil, exposed pipes, shut-off valves
and all other components of the pump unit.
7. Plungers, packing, and hydraulic system oil and above ground piping and
connections.
8. Governors, governor sheave and shaft assemblies, bearings, contact,
governor jaws, car and counter weight safety mechanism, car and
counter weight sheave assemblies, deflectors, 2:1 or secondary sheaves
including bearings, car and counterweight buffers, car and
counterweight guide rails( excluding replacement), top and bottom limit
switches, governor tension sheave assembly, compensating sheave
assembly, counterweight guide shoes, rollers and liners, inductors, cams
and tapes and all other related components and parts
9. Hoist way door interlocks, hoist way door hangers and rollers, bottom door
gibs, door closing devices and all other related components and parts.
10. Door operators, including door drive chains, sheaves, belts, car door
hangers, rollers and up thrusts, car door contracts, door protective
devices, bottom door guides and all other related components and parts.
11 . Load-weighing equipment, car frames, platforms, elevator car roller
guides and all other components and parts.
12. Alarm bells, emergency stops switches, emergency car lights and
batteries and all other related components and parts.
13. Car fans or exhaust blower, car and corridor signals and fixtures including
lights, pushbuttons, contact assemblies, key switches dials, voice
annunciation systems, read out indicators and audible signaling devices.
14. Car, hoist way and machine room wiring including traveling cables.
15. Escalator driving system, including machine, worms, gears, sprockets,
brake, coupling, coil, lining, chains, bearings, motor, stator, rotor and all
other related components and parts.
16. Escalator handrail system, including sprockets, handrails, rollers, chains,
bearings, brush guards, driving mechanism and all other related
components and parts.
17. Escalator step system, including steps, treads, chains comb plates, track,
rollers and all other related components and parts.
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18. Escalator Safety Switch system
19. All step chains, guidance and alignment components and demarcation
lights. Balustrades and decks shall be examined and adjusted, aligned
and fastened as needed
20. Escalator handrails, handrails drive, drive chains, finish on decking,
fluorescent tubes, and skirt panels, inner panels and walk on panels.
B. Scheduled Preventive Maintenance
1 . The Contractor shall schedule monthly preventive maintenance program
equipment by equipment prior to commencement of the Contract and
subject to final approval by the Contract Administrator.
2. The Contractor shall use a structured maintenance program to deliver high
quality service tailored to each specific unit's needs.
3. Equipment type, component life, equipment usage, and building
environment shall be taken into account by the Contractor in the schedule,
which shall be used to plan maintenance activities in advance.
4. The preventive maintenance schedule, as prepared by the Contractor,
shall show building name, equipment serial numbers, examination
frequency, and examination hours.
5. Maintenance schedules shall be permanently located in the equipment
rooms. The schedules shall be accessible to the Contract Administrator for
monitoring. Schedules shall be maintained by indicating the work
performed, signature of the mechanic performing the work and dated the
day the work was performed.
6. The Contractor, following scheduled maintenance and/or repair
operations, shall clean the work area including around the
elevator/escalator, equipment room, elevator pit, elevator lobby or
escalator approach, etc. when he/she completes the Maintenance or
repair work. Contractor shall immediately notify the Contract Administrator
in writing of any conditions which, in the Contractor's opinion, are
detrimental to the equipment, ancillary components and/or will cause a
failure in the equipment or will diminish the operating capabilities of the
equipment. The Contractor shall assume responsibility for repairs resulting
from his/her failure to inform the Contract Administrator of obvious
conditions which can, do or will result in damage to the equipment.
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7. Removal of elevator/escalators from service shall be coordinated with and
approved by the Contract Administrator. To the extent possible all
preventive maintenance that required removal of elevator/escalator from
service shall be scheduled during off peak hours of building operation. No
elevator/escalator shall be taken out of service during the normal business
day without prior notification to the Contract Administrator except under
emergency conditions. Contractor shall not remove from service more than
one elevator at a time in any bank of elevators (except in emergencies).
Emergency circumstances are understood to be those which pose
imminent possibility of equipment damage or passenger injury as judged
by the Contractor's employees. Elevators taken out of service shall be
identified by placing signage at every floor indicating elevator is out of
service. Signs shall be removed after service is restored.
C. Examine
1 . The Contractor shall examine the equipment at regular intervals sufficient
to preserve the life of the equipment. During examination, corrective and/
or preventive action is determined to be the responsibility of the
Contractor, the Contractor shall proceed immediately to make (or cause
to be made) replacement, repairs and corrections.
2. When such work is determined not to be the Contractor's responsibility, a
written report signed by the Contractor, shall be delivered to the Contract
Administrator. If the Contract Administrator disagrees with the Contractor's
determination, the Contractor and Contract Administrator shall use their
best efforts to resolve the disagreement in a manner mutually agreeable to
the parties.
D. Lubricate
The Contractor shall lubricate all moving parts of the equipment. Lubricants shall
be applied at intervals recommended by the equipment manufacturer or as per
the usage of an equipment. All lubricants shall be suitable for the purpose
intended and shall meet or exceed the minimum requirements specified by the
manufacturer of the equipment to which the lubricant is applied.
E. Clean
The Contractor shall clean all equipment as well as the elevator equipment,
room, hoist way and pits. Cleaning of the equipment shall occur at regular
intervals enough to maintain a professional appearance and preserve the life of
the equipment.
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F. Adjust
1 . The Contractor shall routinely adjust all equipment and devices, including
but not limited to: operating switches and relays on controller, selector,
brake, governor, leveling devices, car safety systems, door operator system
including door protective device, car and hall button operating stations,
and in the hoist way and pit, mechanical and electro mechanical devices
including brake, machine, safety shoe and door operator linkages, hanger,
interlocks, pit, equipment, cams and roller, roller guides and guide shoes.
2. The Contractor shall make the necessary equipment adjustments when the
operation of the equipment varies from its normal designed performance
standards.
3. Qualified individuals, employed by the Contractor, shall adjust with
appropriate tools and instruments. Adjustments shall be made at regular
intervals to maintain the elevator in optimum operating conditions.
4. Parts or assemblies that have worn (or otherwise deteriorated) beyond
normal adjustment limits shall be replaced.
G. Repair and Replacement:
1 . Repair and Replacement of parts is a part of the Preventive Maintenance
program for all elevator, escalator, dumbwaiter and wheelchair lift. The
Contractor shall repair or replace parts/components identified during
scheduled preventive maintenance or during call back services at no extra
cost to the City.
2. The City of Corpus Christi prefers OEM parts. If the OEM parts are not
available, the Contractor may use after marks part upon approval of
Contract Administrator. The aftermarket parts should not decrease the
performance of the equipment.
3. The goal of the preventive maintenance is to prevent unexpected
interruptions and If the repairs does not prevent unexpected interruptions,
then the Contractor shall replace parts covered under the Contract.
H. Exclusions
1 . For the following items, the Contractor shall not be responsible for
replacement.
• Cab, cab doors, cab walls, door sills, hoist way doors and cab lighting.
• Phones and emergency bells.
• Aesthetic things, like flooring and cab panels.
• Motor and generator sets.
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• Electrical power supply.
• Sump pump, pit lighting, underground jacks, underground pipes and
hydraulic cylinders.
• Fire alarm and smoke detector systems.
• Proprietary equipment and software.
• Elevator prints.
• Escalator handrails, handrails drive, drive chains, finish on decking,
balustrades, fluorescent tubes, and skirt panels, inner panels and walk
on panels.
2. Obsolete parts
Obsolete parts are defined as follows: An item for which the original design
is no longer manufactured by the OEM or the original item has been
replaced with an item of different design. No exception to this exclusion will
be made for items defined as obsolete above simply because they can be
custom made or acquired at any price. Any modification to existing
equipment necessary to accommodate replacement components will
also be at the owner's expense. The contractor can use reconditioned or
used parts after approval from Contract Administrator.
3. For the following items, the Contractor shall be not be responsible for repairs
under this contract. If required, the contractor will charge extra for repairs
as per contract labor charge.
• Cab, cab doors, cab walls, door sills, hoist way doors and cab lighting.
• Phones and emergency bells.
• Aesthetic things, like flooring and cab panels.
4. The Contractor shall not be responsible for the repair and replacement
because of the following conditions:
• Acts of God, Lightning strikes, power outages, temperature or weather
damage and water.
• Regulations changes that state may require to be installed, or obsolete
equipment be replaced.
• Vandalism, intentionally or unintentionally.
5. Installation of new attachment on the elevator/escalators when
recommended by insurance companies or governmental authorities.
6. The Contractor shall be responsible for the repairs caused because of the
negligence, accident or misuse of the equipment by the Contractor
employees.
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7. Except for exclusion above, repairs and replacement for all components of
the elevator, escalator, dumbwaiter and wheelchair lift are fully covered
by this agreement.
I. Call back Services
1 . A call back service is a request from the Contract Administrator to the
Contractor requesting the Contractor to go to a specific elevator/escalator
to correct any problems and/or condition which needs attention before
the Contractor's next scheduled preventive maintenance visit.
2. Call back services can be emergency or non-emergency. Shutdown of all
elevator/escalator at requested location and entrapment is considered an
emergency. Contract Administrator shall use prudent judgment to define
emergency or non-emergency. The Contract Administrator's decision shall
remain final and the Contractor shall act accordingly.
3. In the event of an emergency, the Contractor shall be available at the site
within one-hour response time between 8:OOam to 5:OOpm, Monday to
Friday, and two-hours response time between 5:OOpm to 8:OOam, Monday
through Friday, Saturday, Sundays and Holidays.
4. In the event of a non-emergency, the Contractor shall be available to the
site within two-hour response time between 8:OOam to 5:OOpm, Monday to
Friday and four-hour response time between 5:OOpm to 8:OOam, Monday
through Friday, Saturday, Sunday and Holidays.
5. Call back service are part of the preventive maintenance program and
the contractor shall not charge if the call back is during the Normal hours -
8:00 AM to 5:00 PM. The Contractor shall charge afterhours, Saturdays,
Sundays and Holidays call back as per Contract Pricing.
6. The City reserves the right to assess a $100.00 per occurrence failure to
respond Penalty if the Contractor does not comply with the above
response time. The City, if requested by the Contractor, will take into
consideration and evaluate the circumstances relating to the Contractor's
failure to respond prior to making its decision to impose the penalty.
However, following the City's evaluation, the City's decision is final.
J. Uncovered Repairs/Replacement
1 . Uncovered repairs/replacement are not covered in the Preventive
Maintenance program. The uncovered repairs/replacement caused
because of accidents, negligence, misuse of equipment, vandalism, Acts
of God, Lightning strikes, power outages, temperature or weather damage
and water.
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2. The Contractor shall provide descriptive information of the necessary
repairs. The Contractor shall be required to provide a not to exceed
estimate of the cost including materials, parts and labor. The Contractor
shall charge labor as per price submitted in the Proposal. Parts are to be
provided at their invoice cost plus mark up mentioned in the proposal to
the City of Corpus Christi. Original invoices are to accompany billing
invoice to verify mark up.
3. Repair work shall be approved and scheduled by the Contract
Administrator prior to its commencement.
4. The City of Corpus Christi reserves the right to get other vendor proposal
for comparison.
K. Pre-existing Repairs
1 . Pre-existing repairs are those repairs required to resolve the deficiency
found during the survey and/or mentioned in the state inspector report.
Pre-existing repairs are charged extra as per contract pricing.
2. The City of Corpus Christi will not pay extra charges for pre-existing repairs
other than the contract pricing to remove deficiency for all the
elevator/escalator except City hall elevator/escalator.
3. The Contract pricing for preexisting conditions submitted is inclusive of
labor, parts/materials, supervision, and transportation necessary to
conduct repairs.
4. The Contractor shall remove all the deficiency within 15 business days of
the Contract award. The Contractor will be responsible for all repairs and
replacement of parts except the exclusions mentioned in this Scope of
work after the Pre-existing repairs are done.
5. Pre-existing repairs shall be done during the normal working hours 8:00 AM
to 5:00 PM, unless approved by the Contract Administrator.
6. The Contractor shall make sure that all repairs and deficiencies are taken
care of throughout the term of the contract.
7. After the end of the contract and until the new contract signed, if any
deficiencies found by the state inspector will be the responsibility of the
Contractor at not cost to the City.
L. Testing
1 . The Annual safety test shall be performed on each elevator covered under
this contract, as required by the ANSI code. These tests shall be performed
annually and shall be in accordance with the American National Standard
Safety Code for Elevators ANSI Al 7.1 or latest.
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2. The five-year load test shall be performed on all traction elevator covered
under this contract as required by the ANSI code. These tests shall be
performed every five years on each traction elevator and shall be in
accordance with the American Standard Safety Code for Elevators ANSI
A 17.1 or latest
3. The Annual test and Annual Step/Skirt Performance Index tests shall be
performed on all escalator covered under this contract as required by
applicable code.
4. The Contractor shall check testing due dates and accordingly arrange tests
for the next year. The Contractor shall take approval from Contract
administrator before scheduling test.
5. Testing is a part of the Preventive maintenance program and the
Contractor shall do all the required testing at no extra cost to the city.
6. Contractor shall perform all testing under the presence of TDLR certified
Qualified Elevator Inspector (QEI) as required by the Texas Department of
Licensing and Regulation (TDLR). The Contractor shall pay all costs
associated with the QEI to include the fees charges by the independent
elevator inspector.
7. Within three days of such inspection, the Contractor shall forward to the
Contract Administrator, the original signed inspection report on the
requisite TDLR forms. The Contractor shall retain a copy of each report and
include them as part of the Monthly Report. The City will mail the original
forms to the TDLR and pay State fees.
8. In the event TDLR assesses a late filing penalty because of the Contractor's
failure to forward the reports to the Contract Administrator within the
timeframe described herein, an amount equal to such late filing penalty
will be withheld from the Contractor's payment.
9. The Contractor shall correct any deficiencies noted during the annual
inspection report that were a direct result of improper or deferred
maintenance practices. The City will be responsible for all violations beyond
those outlined as the Contractor's normal scope of services.
M. Wiring Diagrams
1 . The Contractor shall provide to the Contractor Administrator a set of
reproducible wiring diagrams covering all changes, modifications, etc.,
which take place during the contract term. The diagrams are to be
furnished to the Contract Administrator immediately following
modifications at the sole expense of the Contractor.
2. Changes are to be edited on the original wiring diagrams and must be
completed no later than 60 days after the installation or additions to the
equipment. Failure to perform such wiring diagram changes will result in the
Contractor paying the City, at the Contract Administrator election, $50 per
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day for each day the limit is exceeded or the Contract Administrator, at its
election may deduct the amount from any sum owed to the Contractor.
N. Software
1 . If any part of the equipment required computer software which Contractor
should require a backup or archival copy of the software, a written request
shall be submitted to the Contract Administrator
2. If the Contract Administrator agrees to grant the Contractor permission to
the request, the back up or archival copy shall remain the property of the
City of Corpus Christi and shall not be removed from the premises.
3. If during the term of the agreement the Contractor should install controller
software upgrades, the upgrades shall remain a part of the equipment in
the event of termination of the service agreement by either party.
O. Remote Monitoring
If the Contractor requires remote monitoring of the equipment to facilitate its
maintenance program, all related installation and maintenance costs shall be at
the Contractor expense.
P. Service Personnel
1 . The Contractor shall employ sufficient full-time service personnel to perform
services outlined in this contract (repair, replace, maintain, lubricate,
adjust, cleaning, calibrate). Personnel shall be skilled in the execution of all
repair and maintenance services which may become necessary to fulfill
the terms of the contract during the term of the contract.
2. All service technicians utilized by the Contractor who are assigned
maintenance and repair work shall wear an approved uniform as provided
by the Contractor. Uniforms shall bear the Contractor's emblem and, to the
extent possible, shall be clean and present a neat appearance.
3. The Contractor shall maintain employee safety as one of its most important
concerns. The Contractor shall provide employees with information and
supplies necessary to comply with the Occupational Safety and Health Act
(OSHA) and procedures stated in the Elevator Industry field Employees
Safety Handbook.
4. The Contractor shall submit to the Contract Administrator, a list of service
technicians and supervisory personnel that will provide services under this
contract. Each employee of the Contractor shall carry identification which
will include the employee's name and company name, address and
telephone number.
Q. Inventory
1 . The Contractor shall stock an inventory of parts, equipment and supplies
needed to perform preventive maintenance and repairs. The cost
associated with the storage of the inventory of parts, equipment, supplies
and all necessary tools and repair equipment shall be borne by the
Contractor.
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2. Inventory of parts and supplies shall include, but not limited to the following:
a. Escalator: Brake Control Board, Gear box, Drive motor, Ring and
Pinion gear, Escalator rollers, set flanges, comb tooth, Riser plates, Oils
and Lubricants as specified by manufacturer, Small electrical
components (i.e. starters, coils, contacts, rectifiers, microswitches
etc.)
b. Elevator: Safety-edge, Hoist way door hangers' rollers and door lift
rods, Reel closers, Supply of hoist way and car door gibs, Static floor
selector switches, Magnetic leveling units, Brake coil, Set of generator
brushes
1.3 Minimum Preventive Maintenance Task
The following preventive maintenance frequency and task lists are not inclusive of all
required maintenance points for the variety of equipment available throughout the
elevator industry. These maintenance frequency and task lists are designed to be
examples of the preventive maintenance quality level required by this specification.
The Contractor is required to submit specific preventive maintenance frequency and
task lists for each type of equipment prior to commencement of contract for Contract
Administrator approval as stated in this Scope of Work.
A. Geared and Gearless Elevator
1 . Each Visit
• Ride each elevator and observe performance, leveling, floor stops, door
opening and closing operation and noise
• Test safety edges, photo eyes, detectors, door open buttons, and alarm
bell
• Check for proper car and hall button operation and all indicator
illuminations and lantern operations.
2. Monthly
• Clean and inspect machine, controller, selector, motor, motor
generator/SCR and governor.
• Clean and inspect car top, operating switches, door operator and
controls, car doors hangers, gibs. Detectors and/or photo eyes and safety
edges. Lubricate and adjust door operator and door accessory
equipment
• Clean and inspect hoist ways door hangers, interlocks, linkage, pick up
assembly, door gibs, non-vision wiring and hoist way switches
• Clean and inspect governor tension sheave, car and counterweight
buffers, compensating sheave assembly. Clean pit and check safety plank
and travel cable loops
• Clean machine room, check commutators and brushes, clean and adjust
controller and selector contacts and relays
• Check car and hall fixture lamps, leveling and floor stops, alarm bell and
emergency stop, inspect travel cable.
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3. Quarterly
• Inspect rope shackles, car and counterweight guides, TM and slow down
switches, adjust and lubricate as required.
• Check emergency lights
• Check and adjust brakes. Inspect and lubricate pivot pins
• Clean and adjust controller and selector components including contact,
relays and timers. Check transformers and rectifiers. Vacuum or bush all
controller and selector parts.
• Check out complete safety circuit
• Check selector cables and/or tapes. Lubricate selector drive worm.
Inspect selector drive
• Clean, inspect and lubricate governor linkage
• Inspect, rotate and equalize hoist cables. Inspect cable shackles and
fastenings
• Check adjustment of roller/slide car and counterweight guides. Check
bearings liners and fastenings
• Inspect TM, slowdown, leveling and/or limit switches
• Clean and inspect all car and hoist way door contact and interlocks
• Check door closing force. Check car and hoist way hangers' rollers and
adjust up thrusts.
• Inspect door operators bearing and cams.
• Clean and inspect governor tail sheave, compensating sheaves,
compensation ropes and hitches and/or compensating chains, guides
and hitches.
• Clean and inspect car and counterweight buffers. Check buffer oil level
and operation.
4. Semi Annual
• Check control and main line fuses, voltage readings, motor and motor
generator wire connections, overloads, armature clearance and brake
cores
• Check motor overload devices, resistor and resistance connections
• Check car safety mechanism and governor rope hitch
5. Annual
• Drop brake shoes, clean, lubricate and adjust. Flush and replace worm
gear oil
• Check all controller and selector terminals. Check and clean all fuse
holders
• Check car frame, overhead, car and counterweight sheaves, sills and pit
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• Annual lubrication of motor, motor generator and machine bearing,
deflector, compound and compensating sheaves and governor tension
sheave bearing. Check all fastenings
• Annual car safety test. Clean, inspect and lubricate governor and safety
mechanism. Check buffer oil level.
• Adjust motor control and perform logic systems and operation check.
• Clean hoist way and hoist way equipment including guide rails, counter
weights, hoist way door hangers, interlocks, closers, headers and related
devices. Check all fastenings on guide rails, brackets and entrances.
Check traveling cables.
6. Five Year
• Perform full load governor, safety and buffer test
B. Hydraulic Elevator
1 . Each Visit
• Ride each elevator and observe performance, leveling, floor stops, door
opening and closing operation and noise
• Test safety edges, photo eyes, detectors, door open buttons, and alarm
bell
• Check for proper car and hall button operation and all indicator
illuminations and lantern operations.
• Check for leaks in power unit, hydraulic control valve, silencer, sound
couplings and oil line
2. Monthly
• Clean and inspect power unit, controller and motor. Check drive belt
tension and conditions
• Check for leaks and oil level in power unit. Clean power unit oil drip pan
• Clean and inspect car top, operating switches, door operator and
controls, car doors hangers, gibs. Detectors and/or photo eyes and safety
edges. Lubricate and adjust door operator and door accessory
equipment
• Clean and inspect hoist ways door hangers, interlocks, linkage, pick up
assembly, door gibs, non-vision wiring and hoist way switches
• Clean and inspect hydraulic plunger, seals and packing. Check jack oil rip
container
• Check guide rail lubrication drip containers in pit.
3. Quarterly
• Check motor and pump sheave alignment. Check motor and pump
mounting fastenings.
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• Adjust hydraulic control valve. Clean hydraulic control valve strainers.
Check hydraulic control valve locking nuts, adjustment screws and
mounting fastenings.
• Clean and adjust controller components including contacts, relays and
timers. Check transformers and rectifiers. Vacuum or brush all controller
parts.
• Check out completely safety circuit.
• Check adjustment of roller/slide car and counterweight guides. Check
bearings liners and fastenings
• Inspect TM, slowdown, leveling and/or limit switches
• Clean and inspect all car and hoist way door contact and interlocks
• Check door closing force. Check car and hoist way hangers' rollers and
adjust up thrusts.
• Inspect door operators bearing and cams.
4. Semi Annually
• Check control and main line fuses, voltage readings and motor wire
connections.
• Check motor overhead devices, resistors/resistance connections and
starters, contactors and contacts.
5. Annually
• Check all controller terminals. Check and clean all fuse holders
• Check car frame, sills and pit
• Annual hydraulic pressure test. Check relief valve seal and tag valve with
current test information, date test was performed and performing
company name
• Perform logic systems operation check
• Clean hoist way and hoist way equipment including guide rails, counter
weights, hoist way door hangers, interlocks, closers, headers and related
devices. Check all fastenings on guide rails, brackets and entrances.
Check traveling cables.
C. Escalator
1 . Each Visit
• Inspect machine space and lower well
• Check steps
• Check and clean handrail
• Check comb teeth
• Check skirt guard
• Check lighting
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• Inspect and lubricate step and drive chains
• Check and test start key switches and stop switches
2. Monthly
• Clean and inspect machine and controller
• Clean machine space and lower well
• Check stop buttons- top and bottom
• Check drive machine oil level
• Check comb plate- top and bottom
• Check handrails, guards and brushes- top and bottom
• Clean and apply friction reducing agent on step risers and skirt panels
• Check demarcation lighting
• Check and adjust handrail chains and drives
• Inspect step and drive chains and rollers
3. Quarterly
• Check main line disconnect and fuses
• Check conditions of step chain guide
• Check reverse phase relay
• Check brake action and stopping distance
• Check handrail tension and drive
• Test safety switches on skirt panels and comb plate
• Test broken driving chain safety switch
• Test broken step chain safety switch
• Test handrail inlet safety switch
• Test skirt guard safety switch
• Test step running safety switch
• Test step wheel tire safety switch
4. Semi Annually
• Check soffit guards
• Inspect balustrade panels for damage and fastenings
• Adjust magnet brake, gap adjustments between core and armature,
adjustment or BSR (brake serial resistance)
• Inspect and lubricate lower terminal gear guide
• Inspect and lubricate step bearing
• Inspect and lubricate each moving part of drive chain safety switch
• Check step surfaces and structural integrity
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• Check play in steps and proper riser clearance
• Check running clearance between step and skirt panels
• Clean intermediate oil pan
5. Annually
• Clean escalator well way drip pans and related equipment
• Inspect and lubricate drive motor bearings
• Inspect and lubricate driving machine
• Inspect and lubricate upper terminal gear bearing
• Clean and inspect step tracks
• Drop brake shoes, clean, lubricate and adjust
• Flush gear case replace oil
• Check for proper running speed
• Check reversal stop switches for proper operation
• Check step up thrust device for proper operation
• Test drive motor overloads
• Perform safety tests
1.4 Performance Standards
It is the intent of this Scope of Work that the elevator/escalator equipment be
maintained to reserve the operating characteristics in accordance with the original
manufacturer design.
A. Performance Levels
1 . The following are performed levels, which are a part of the original design, and
which shall always be maintained.
a. Contract speed of all elevators, dumbwaiters and lifts. Variance from rated
speed, regardless of load, shall not exceed 5% on motor generator and
conventional contactor type control and 2% on SCR and solid state/digital
type control.
b. Flight and Cycle performance times.
c. Accuracy of leveling shall be measured under all load conditions. The
accuracy of leveling of of an inch shall be used in this contract.
d. Opening and closing times of all hoist way and car doors within limits of
ASME/ANSI A17.1 Safety Code of Elevators and Escalators, latest edition.
e. Door reversal devices, detectors and/or all passenger sensor devices.
f. Variable car and hall door hold open times.
g. Individual car and group operations and devices.
h. Emergence fire service, emergency power, communications, emergency
car light and alarm bell.
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L Escalator handrail vs step speed shall not vary more than 2fpm or
manufacturer recommendation.
B. Performance Criteria of Elevator/Escalator
1 . Flight Time is the elapsed time in seconds from brake open to brake close on a
one floor run of approximately 12'0" and/or elevator starting after the interlock
circuit is made and elevator stops at the next landing.
2. Cycle Time is the elapsed time in seconds from car doors starting to close until
the doors are three quarters open at the next landing on a one floor run of
approximately 12'0".
3. Door open time is the elapsed time in seconds from the time the car doors start
to open after arriving at a landing until they are fully open.
4. Door Close Time is the elapsed time in seconds from the time the car doors start
to close after the call is initiated until they are fully closed with the interlock
engaged. This must not exceed requirements as set forth in ASME/ANSI A17.1
Rule a 2.3 Safety Code for Elevators and Escalators, latest edition. Closing time
will vary slightly depending upon door opening width and weight of the doors.
5. Door closing force must not exceed the requirement of 30 pounds as set forth
in ASME/ANSI A 17.1 Safety Code for Elevators and Escalators, latest edition. This
is tested by stalling the closing car door in high speed and applying a spring
pressure gauge against the leading edge of the door and reading the amount
of pressure the door exerts to continue closing.
C. The Contractor shall maintain the equipment such that said equipment performs
at its original operating capacities including standard operating speed (in feet per
minute), the original performance time (including acceleration and retardation)
and make the necessary adjustments as required to maintain the original door
opening and closing time (within limits of applicable codes and any other original
design characteristics).
D. Contractor shall not make any alterations to the equipment, including control
circuits, without prior written approval from the Contract Administrator. The City
reserves the right to have all requested revisions reviewed and/or approved by the
original equipment manufacturer prior to the changes being completed.
E. All requests for alterations to the equipment made by the Contractor shall be
made in writing to the Contract Administrator and accompanied by supporting
prints, sketches and/or schematics. After review by the City, Contractor may be
required to provide additional detailed information including justification for the
alteration. Contract Administrator shall provide written approval of any accepted
alterations prior to performance of the work.
1.5 Work Order
All work shall be done through work orders. The Contract Administrator shall provide
the work order copy prior to scheduling preventive maintenance and uncovered
repairs. Contractor shall ask for a work order copy, if the City fails to provide.
1.6 Check IN/Out and Time Sheets
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1 . The Contractor's personnel shall check in with the Contract Administrator and prior
to commencing work and check out after completing the work. This requirement
applies to regular maintenance, repair and call backs.
2. A time sheet or ticket shall be submitted to the Contract Administrator within 24
hours of servicing or repairs. The time sheet or ticket shall include Start date/time
and end date/time of work, elevator/escalator number and details of work
performed.
1.7 Quarterly Performance Review Meeting and Reports
1 . The Contractor representative shall be available for a Quarterly Performance
review meeting. The City incurs no added costs associated with the meeting. The
Contract Administrator will inform the Contractor of this meeting 5 days before the
scheduled meeting.
2. In the meeting all the elevator/escalator issues and contractor performance will
be discussed on key performance indicators.
3. Contractor shall be responsible for submitting a report a week before attending
meeting. Contractor shall attach all the work order copies. The reports shall
describe all maintenance and repair work performed, both routine and
emergency, at each location.
4. The Contractor shall submit, when applicable, any written recommendation
related to safety issues, new attachments etc. in the report.
5. On all elevator shutdowns and passenger entrapments, a comprehensive report
shall be prepared and submitted to the Contract Administrator within 24 hours of
the entrapment. The report shall include building location, elevator identification,
date and time of entrapment, time entrapped passengers were released, cause
of entrapment and corrective action taken by the Contractor.
6. Contractor shall have a Supervisor regularly conduct a field audit of the
performance of Contractor's filed personnel. Contractor shall semi-annually survey
all equipment covered by this Contract to conform compliance to the
requirements of the Contract.
7. The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Contract Administrator and to assure that the
requirements of the Contract are provided as specified.
1.8 Invoicing
1 . Each month, the Contractor shall invoice the City for preventive maintenance and
uncovered repair services, if applicable. The Contractor shall submit all tickets
along with the invoice.
2. Invoices shall be sent as follows: original copy to the Accounts Payable and one
copy to the Contract Administrator. Approval for payment shall be authorized by
the Contract Administrator.
1.9 Contract Term and Price escalation
The Term of this Contract will be for five years beginning on the commencement date.
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1.10 Deliverables
Contractor shall perform preventive maintenance as per the schedule developed
mutually by the Contractor and Contract Administrator. Scheduled shall mentioned
type of work will be performed in each visit. Contractor shall perform quality work with
safety. Contractor shall comply with all applicable standards of elevator/escalators.
1.11 Allowance
The purpose of the allowance is to cover services including but not limited to the after
hours, unforeseen repairs and exclusion and only be utilized upon approval from
Contract Administrator.
1.12 List of Equipment
The Contractor is responsible to perform preventive maintenance, repairs,
replacement and testing to the below mentioned list of equipment. The City of
Corpus Christi reserves the right to add or to remove the equipment from the
preventive maintenance program.
No Manufacture Location Type Drive Type
1 MCE City Hall Passenger Electric
2 MCE City Hall Passenger Electric
3 MCE City Hall Passenger Electric
4 MCE City Hall Freight Electric
5 TKE Central Library Passenger Hydraulic
6 TKE Central Library Passenger Hydraulic
7 US Central Library Freight Hydraulic
8 MCE Museum of Science and Passenger Hydraulic
History
9 Dover Museum of Science and Passenger Hydraulic
History
10 OTIS CC Police Department Passenger Electric
11 Schindler CC Police Department Passenger Electric
12 Schindler CC Police Department Passenger Electric
13 MCE W R METZGER HEALTH Passenger Hydraulic
DEPARTMENT
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14 Thyssen Public Safety Warehouse Passenger Electric
Krupp
15 TKE ON Stevens WWTP Passenger Hydraulic
16 Inclinator MULTI CULTURAL CENTER Wheelchair Electric
(GALVAN HOUSE) Lift/Passenger
17 Dover Greenwood WWTP Passenger Hydraulic
18 Otis Frost National Bank Passenger Electric
19 Schindler CC INTERNATIONAL Passenger Hydraulic
AIRPORT
20 Schindler CC INTERNATIONAL Passenger Hydraulic
AIRPORT
21 Schindler CC INTERNATIONAL Passenger Hydraulic
AIRPORT
22 Schindler CC INTERNATIONAL Escalator Electric
AIRPORT
23 Schindler CC INTERNATIONAL Escalator Electric
AIRPORT
24 Schindler CC INTERNATIONAL Escalator Electric
AIRPORT
25 Schindler CC INTERNATIONAL Escalator Electric
AIRPORT
26 Schindler CC INTERNATIONAL Escalator Electric
AIRPORT
27 Schindler CC INTERNATIONAL Passenger Hydraulic
AIRPORT
28 Sedgwick GENERAL SERVICE CENTER- Dumbwaiter Dumbwaiter
AYERS
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ATTACHMENT B: QUOTE/PRICING SCHEDULE
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1852 CITY OF CORPUS CHRISTI
QUOTE FORM
1. Refer to "Sample Service Agreement" Contract Terms and Conditions before
completing quote.
2. Quote your best price, including freight, for each item.
3. In submitting this quote, vendor certifies that the prices in this quote have
been arrived at independently, without consultation, communication, or
agreement with any other vendor or competitor, for the purpose of restricting
competition with regard to prices.
Invitation to quote, FOB Destination, Freight Included, on the following:
DESCRIPTION QTY UNIT UNIT PRICE TOTAL
PRICE
Preventative Maintenance $6,765.00 $405,900.00
Program for all Elevator,
Escalator, Dumbwaiter and
Wheelchair Lifts 60 Months
Including Repairs,
Replacement and Annual
Testing and 5 years testing.
Total no of equipment-28
Mechanic $126.00 $126,000.00
Normal Hours 8am-5pm 1000 HRS
(Monday-Friday)
Helper $88.20 $88,200.00
Normal Hours 8am-5pm 1000 HRS
(Monday-Friday)
Mechanic $214.20 $96,390.00
Overtime Hours after 5pm 450 HRS
Monday through Friday and
Weekends and Holidays
Helper $149.94 $67,473.00
Overtime Hours after 5pm
Monday through Friday and 450 HRS
Weekends and Holidays
DocuSign Envelope ID:OCBOCAF2-FE79-4FFF-9383-E447F994DA55
ESTIMATED PARTS/MATERIALS Mark Up
$100,000 20 $120,000.00
TOTAL $903,963.00
COMPANY: EMR Elevator, Inc.
NAME OF PERSON AUTHORIZED TO SIGN: Cory Ernst
ADDRESS: 100 Ezell Dr. CITY / STATE/ZIP: DeSoto, TX 75115
PHONE: 817-701-2400 EMAIL: Sales@emrelevator.com
FAX: 817-701-2404 DATE: September 29, 2021
DocuSi ned b
SIGNATURE �.
TITLE: Regional Vice President
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO
WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND
TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE.
DocuSign Envelope ID:OCBOCAF2-FE79-4FFF-9383-E447F994DA55
ATTACHMENT C: INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
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
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
DocuSign Envelope ID:OCBOCAF2-FE79-4FFF-9383-E447F994DA55
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 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 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 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
DocuSign Envelope ID:OCBOCAF2-FE79-4FFF-9383-E447F994DA55
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 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.
DocuSign Envelope ID:OCBOCAF2-FE79-4FFF-9383-E447F994DA55
ATTACHMENT D: WARRANTY REQUIREMENTS
A. Repairs and Replacement of parts/components are part of the Preventive
Maintenance program except uncovered repairs/replacement mentioned in
Scope of work- Attachment A.
B. If any parts fail before the end of the warranty period, it is the responsibility of
the contractor to repair or replace the part at no extra cost to the City.
C. The Contractor shall provide at no additional cost to the City, a 12-month
warranty for all materials, parts, repairs and workmanship furnished by the
Contractor in fulfillment of uncovered repairs. Warranty shall commence on the
date of acceptance of the work by the Contract Administrator. The remedy of
the breach of warranty shall require the Contractor to correct or replace any
defects found in materials and parts provided or for the correction of faulty
workmanship.
Page 1 of 1
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 16, 2021
DATE: November 16, 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 Finance-Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Aircraft Rescue and Fire Fighting (ARFF) Station HVAC Duct Replacement located
at the Corpus Christi International Airport
CAPTION:
Motion authorizing a one-year service agreement with ProTech Mechanical, Inc. of Corpus Christi,
Texas, to replace the HVAC main trunkline duct and components for the Aircraft Rescue and Fire
Fighting (ARFF) station located at the Corpus Christi International Airport (CCIA) in the amount
of $68,174.00 with FY 2022 funding available from the Airport Fund.
SUMMARY:
ProTech Mechanical, Inc. will replace the main HVAC duct trunkline and components for the
ARFF station. ProTech Mechanical, Inc. will furnish and install new low pressure duct trunkline in
place of existing trunkline. Trunkline to be internally lined to match existing insulation thickness
Seal all joints, seams, and taps with fiberglass mastic. Furnish and install exterior duct wrap
insulation at tap connections as required with project duration of three to four weeks. All work shall
be performed in accordance with all applicable State and Local codes and standards. This is the
first time procuring a contract for this service. This project is expected to begin December 10,
2021 and be completed by January 15, 2021.
BACKGROUND AND FINDINGS:
ARFF is a type of firefighting that involves the emergency response, mitigation, evacuation, and
rescue of passengers and crew of aircraft involved in aviation accidents and incidents. The ARFF
station constructed in 1993 is centrally located in the airport's airfield. The station houses
approximately 8 personnel per shift ready for duty any time aircraft operate. The ARFF's HVAC
duct system has not been replaced since its construction and has reached its useful life.
PROCUREMENT DETAIL:
Procurement reached out to ProTech Mechanical, Inc. to issue a contract through The Interlocal
Purchasing System (TIPS) Cooperative. The contracts awarded through TIPS Cooperative have
been competitively procured.
ALTERNATIVES:
The alternative would be to perform the repairs in house. However, more employees, equipment
and supplies will be needed, which would be a higher cost to the City.
FISCAL IMPACT:
The fiscal impact in FY 2022 is an amount of $68,174.00 with funding available from the Airport
Facilities Budget in the amount of $68,174.00.
FUNDING DETAIL:
Fund: 4610 Airport
Organization/Activity: 35040 Airport Public Safety
Mission Element: 271
Project # (CIP Only): N/A
Account: 530210
RECOMMENDATION:
Staff recommends the replacement of the main HVAC duct trunkline and components for the
ARFF station. 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
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
�yV
SC
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0
H SERVICE AGREEMENT NO. 3913
U
Removal and Replacement of HVAC Trunkline at CCIA
yeanaonn!e�
1852
THIS Removal and Replacement of HVAC Trunkline at CCIA Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Pro Tech Mechanical, Inc.
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Removal and Replacement of HVAC
Trunkline at CCIA in response to Request for Bid/Proposal No. TIPS Contract 200201
("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 Removal and Replacement of HVAC Trunkline 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 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
$68,174.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
Service Agreement Standard Form -Airport Page 1 of 8
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
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:
Lawrence Thormaehlen
Aviation Department
361-289-0171 ext. 1249
LawrenceT@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:4D357718-AA18-4B37-A159-A330C510D9B7
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
Service Agreement Standard Form -Airport Page 3 of 8
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
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, 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: Lawrence Thormaehlen
Section Supervisor
1000 International Drive, Corpus Christi, TX 78406
Phone: 361-289-0171 ext 1249
Fax: n/a
IF TO CONTRACTOR:
Pro Tech Mechanical, Inc.
Attn: Bryan Partridge
General Manager
1622 Saratoga Blvd., Corpus Christi, TX 78417
Phone: 361-882-2101
Service Agreement Standard Form -Airport Page 4 of 8
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
Fax: 361-882-2154
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:4D357718-AA18-4B37-A159-A330C510D9B7
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:4D357718-AA18-4B37-A159-A330C510D9B7
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:4D357718-AA18-4B37-A159-A330C510D9B7
CONTRACTOR
[—;,.
cuSigned by:
Signature: P.4,
AC3F202C591E4C9...
Printed Name: Bryan Partridge
Title: General Manager
Date: 10/5/2021
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. Tips Contract 200201
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form -Airport Page 8 of 8
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
Attachment A: Scope of Work
1 . Contractor shall protect flooring and furniture in immediate area where
work will be performed.
2. Contractor shall remove acoustical ceiling throughout facility for exposure
to trunkline for demolition/reinstallation.
3. Contractor shall demo, removal and disposal of existing ductwork trunkline.
4. Contractor shall furnish and install new low pressure duct trunkline in place
of existing. Trunkline to be internally lined to match existing insulation
thickness.
5. Contractor shall furnish and install new taps and connect to existing runouts.
6. Contractor shall seal all joints, seams, and taps with fiberglass mastic.
7. Contractor shall furnish and install exterior duct wrap insulation at tap
connections as required.
8. Contractor shall re-install ceiling, cleanup work area and report to client
upon completion.
Page 1 of 1
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
PRTECH
1622 Saratoga Blvd.,Corpus Christi, 78417
-2154
Phone 361-882-2101,Fax 361-8888 2-2154
TACLA20619E/RMP-39090
MECHANICA L , INC
HVAC Proposal
Tips Contract#200201 Trades, Labor&Materials(JOC)
Proposal Number: QC0920126 8/10/2021
Billing Account: Site Location:
City of Corpus Christi - Int'I Airport Corpus Christi International Airport
1000 International Drive 1000 International Drive
Corpus Christi, TX 78406 Corpus Christi, TX 78406
Re: Low Pressure ductwork trunkline replacement
Attn: Larry Thormaehlen
Pro Tech Mechanical is pleased to provide this proposal for equipment, labor and materials based on the work
as outlined in this proposal at the above customer location.
1. All work shall be performed in accordance with all applicable State and Local codes and standards.
2. All work to be performed by EPA certified technicians and executed in a professional workman like manner.
3. All equipment and material installed on this project shall be new and unused unless otherwise noted.
4. All work to be performed during normal business hours,Monday through Friday unless otherwise noted.
5. Other labor and material is excluded unless specifically mentioned in the scope of work.
6. If the work is delayed or stopped at the request of the CUSTOMER or by third parties,additional charges may apply.
Inclusions/ Exclusions: Reference Attached Scope of Work
Proposal based on 7/28/2021 Request for proposal revision.
Acknowledgment of Addendums: n/a
Total investment for this service is: $ 68,174.00
Sixty Eight Thousand One Hundred Seventy Four Dollars and No Cents
All applicable taxes are excluded and will be billed in addition to the proposed price.
All prices are firm for 30-days.
Thank you for the confidence that you have shown in Pro Tech Mechanical by requesting this proposal. We
sincerely appreciate the opportunity to provide these services for your organization. Should you have any
questions about this proposal or any other request please call us at 361-882-2101 or e-mail me at
troy@ protechmech.com
Regards,
Troy Bruner
Pro Tech Mechanical, Inc.
Acceptance of Proposal-The undersigned affirm that they have read and understand the entire PROPOSAL AGREEMENT and agree to abide by the above
prices,specifications and conditions.You are authorized to do the work as specified according to the attached scope. Payment will be made as outlined
above. Pro Tech Mechanical will warranty all parts perthe standard manufacturer's warranty and labor will be warranted for 90 days.
Executed by Authorized
Representative:
Regulated by the Texas Department of Licensing and Regulation,PO Box 12157 Austin,TX 78711,800-803-9202,512-463-6599
Regulated by the Texas State Board of Plumbing Examiners,PO Box 4200 Austin,TX 78765-4200,800-845-6584,512-936-5200
1
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
HVAC Contract
This AGREEMENT entered into by and between:
City of Corpus Christi- Int'I Airport
Hereinafter referred to as"CUSTOMER"
AND
Pro Tech Mechanical, Inc.
HVAC Proposal 8/10/2021 QC0920126
Proposal Type Date Proposal Number
o This AGREEMENT shall be administered by Pro Tech Mechanical's office presently located at:
Pro Tech Mechanical, Inc.
1622 Saratoga Blvd.
Corpus Christi,TX 78417
o The scope of work to be performed at the following location:
Corpus Christi International Airport
1000 International Drive
Corpus Christi,TX 78406
SCOPE OF WORK to be provided by Pro Tech Mechanical in accordance with the following description:
o Including any attachments indicated (with an 'X') below. (N/A is Not Applicable)
X PROPOSAL DATED: 8/10/2021
X SCOPE OF WORK Page(s)
N/A Other attachments
The AGREEMENT PRICE is: $ 68,174.00
Sixty Eight Thousand One Hundred Seventy Four Dollars and No Cents
excluding all applicable taxes. This price is based on normal working hours, Monday through Friday, unless otherwise stated
herein. If the work is delayed or stopped at the request of the CUSTOMER or requirements of third parties,additional
charges will be applicable.
The undersigned affirm that they have read and understand the entire AGREEMENT including the Terms and Conditions
appearing below.
Execution by Authorized Representatives:
SUBMITTED BY: Troy Bruner DATE: 8/10/2021
CUSTOMER ACCEPTANCE: P.O.#
Pro Tech Mechanical, Inc.
COMPANY
Troy Bruner
CUSTOMER NAME
Account Executive
TITLE
Customer Acceptance(Signature) Date PRO TECH MECHANICAL(Signature) Date
Regulated by the Texas Department of Licensing and Regulation,PO Box 12157 Austin,TX 78711,800-803-9202,512-463-6599
Regulated by the Texas State Board of Plumbing Examiners,PO Box 4200 Austin,TX 78765-4200,800-845-6584,512-936-5200
2
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
Scope of work included in this proposal:
1. Protect flooring and furniture in immediate area where work will be performed.
2. Remove acoustical ceiling throughout facility for exposure to trunkline for demo/reinstallation.
3. Demo, removal and disposal of existing ductwork trunkline where indicated on attachment A.
4. Furnish and install new low pressure duct trunkline in place of existing. Trunkline to be internally lined to
match existing insulation thickness.
5. Furnish and install new taps and connect to existing run-outs.
6. Seal all joints, seams and taps with fiberglass mastic.
7. Furnish and install exterior duct wrap insulation at tap connections as required.
8. Re-install ceiling, cleanup work area and report to client upon completion.
*Ceiling removal required. Estimated duration of work anticipated 3-4 weeks.
**Add option for installation of(2) GPS-FC48-AC bipolar ionization air treatment systems: 3,120
Hrs Rate
Sheet Metal Ductwork $15,304.00
Shop Fab Labor 189 5 60.00 $11,340.00
Field Install Labor 355 $ 70.00 $24,3.50.00
Ceiling Subcontractor $16,180.00
TOTAL $68,174.00
QC0920126
Regulated by the Texas Department of Licensing and Regulation,PO Box 12157 Austin,TX 78711,800-803-9202,512-463-6599
Regulated by the Texas State Board of Plumbing Examiners,PO Box 4200 Austin,TX 78765-4200,800-845-6584,512-936-5200
3
DocuSign Envelope ID:4D357718-AA18-4B37-A159-A330C510D9B7
Attachment C: Insurance and 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.
No bond is required for this service agreement.
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Attachment D: Warranty Requirement
No warranty is required for this service agreement.
Page 1 of 1
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ATTACHMENT E:
FEDERAL REQUIREMENTS
Page 1 of 4
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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.
Page 2of4
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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);
Page 3of4
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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 4of4
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 16, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Peter Collins, Chief Information Officer of Information Technology
Pete rC(a)cctexas.com
(361) 826-3735
Josh Chronley, Assistant Director of Finance-Procurement
Josh C2Ca-)cctexas.com
(361) 826-3169
Uninterruptible Power Supply Services
CAPTION:
Motion authorizing a five-year service agreement with FreelT Data Solutions of Austin, Texas, in
an amount of $201 ,636.22 for uninterruptible power supply professional services, batteries,
hardware and support and maintenance for five-years effective upon issuance of a notice to
proceed, with FY 2022 funding available in the Information Technology Fund.
SUMMARY:
This motion authorizes a five-year agreement with FreelT Data Solutions, Inc. through the Texas
Department of Information Resources (DIR) Purchasing Cooperative. The agreement will provide
uninterruptible power supplies (UPS) professional services, batteries, hardware and support and
maintenance for five-years.
BACKGROUND AND FINDINGS:
The IT Department currently has an existing UPS maintenance agreement with FreelT for five
locations. The UPS systems are critical to protect City's IT infrastructure from electrical spikes
and provides short-term power when main power fails.
The UPS system for one of the locations has reached end-of-life and must be replaced. This
agreement with FreelT includes professional services, batteries, and hardware necessary to
upgrade the end-of-life UPS system. Support and maintenance are included on this new system
for five-years.
PROCUREMENT DETAIL:
The IT Department contacted the Procurement Division to issue a contract through the Texas
Department of Information Resources (DIR) Purchasing Cooperative. Contracts awarded through
the DIR Purchasing Cooperative have been competitively procured, in compliance with Texas
local and state procurement requirements.
ALTERNATIVES:
The UPS solution is a critical system to protect IT Infrastructure. There is no alternative to this
agreement.
FISCAL IMPACT:
The fiscal impact for the IT Department in FY2022 is an amount not to exceed $201 ,636.22.
FUNDING DETAIL:
Fund: 5210 Information Technology
Organization/Activity: 40420 IT Tech Infrastructure Service
Mission Element: 241 Provide Support Technology Infrastructure
Project # (CIP Only): n/a n/a
Account: 520130 Maintenance and Repairs
RECOMMENDATION:
Staff recommends approval of this motion authorizing a five-year service agreement with FreelT
Data Solutions, Inc., as presented
LIST OF SUPPORTING DOCUMENTS:
Statement of Work
Price Sheet
City of Corpus Christi Price Sheet
Sr. Buyer: Minerva Alvarado City Hall Data Center UPS
Replacement
D I R-TSO-4229
Freeit Data Solutions
Austin, Texas
Item Description Qty Cost Total
1 Install and upgrade uniterruptible 1 $201,636.22 $201,636.22
power supplies
Total $201,636.22
FreeTM
tttttttttttttttttllt
DATA SOLUTIONS
rs
� ifs
Uninterruptible Power
• Supply Services
• Statement of Work
��� • For City of Corpus Christi
SOW# FDS10062021
October 5, 2021
This document was developed specifically for the client named on this page. The concepts and methodologies contained herein are
proprietary to Freeit.Duplication,reproduction or disclosure of information in this document without the express,written permission of
Freeit is prohibited. Notwithstanding this language,nothing herein prohibits the Client from complying with the Texas Public
Information Act.
rr
Freeit City of Corpus Christi
SOW# FDS10062021
DATA SOLUTIONS
1. Engagement Overview
This Statement of Work (SOW) represents an agreement between Freeit Data Solutions, Inc. (Freeit)
and the City of Corpus Christi (Client) to provide professional services for uninterruptible power
supply installation, configuration, and upgrade.
2. Scope of Work
2.1 Freeit Scope
The following list of activities represents our initial understanding of the work intended for this
engagement. This scope of services is outlined below. Anything outside of what is listed is outside
of scope.
Note: Client must have redundant power source for their loads during the UPS swap, or be able to
schedule downtime during the swap.
Transfer of Service Connection
• Disconnect 120/208V service wires from existing UPS
• Disconnect existing UPS ground connections from ground bar
• Move the existing UPS out of place and move the new UPS in to place
• Connect 120/208V service wires to new UPS
• Connect ground wires from UPS to ground bar
Transfer of Service Load
• Validate proper operation of UPS and capability of supporting service load
• Configure UPS for network and monitoring
• Transfer internal connections to the new UPS
Freeit will provide and install the below hardware at city location.These units feature repair or
replace warranty service for the terms listed below.
• Qty. 1 — Smart UPS unit featuring 120V input/output voltage and network card
o Features 3-year Next Business Day on-site service for UPS and battery
• Qty. 2 Smart UPS rail kits
o Features 2-year warranty service
• Qty. 1 — Symmetra PX—Scalable to 100kW
o Features:
■ Qty. 1 APC Symmetra PX 60kW Scalable to 100kW, 208V with Startup
■ Qty. 1 Symmetra PX 10kW Power Module, 208V, High Efficiency
■ Qty. 3 APC High-Performance Battery Module for 400V Symmetra PX
48/96/16OKW &208V Symmetra PX 100KW
■ Qty. 3 APC Symmetra PX Battery Frame for 400V PX 96/160kW &208V
PX 100kW with 9 Battery Modules & Startup
■ Qty. 1 Symmetra PX 100 Maintenance Bypass Panel, 208V
October 5",2021 Client Confidential p.2 of 5
rr
City of Corpus Christi
Free r( SOW# FDS10062021
DATA SOLUTIONS
■ Above units feature 2 years of warranty extension and 2 years of
Advantage Ultra, totaling 5 years of Next Business Day on-site service
coverage including the factory warranty
o Symmetra services included are:
■ Qty. 1 — Scheduled 5X8 Assembly Service for Symmetra PX 80 or 100KW
frame UPS, first XR Frame and/or PDU
■ Qty. 3 — Scheduled Assembly Service for (1) External Battery Frame for
Symmetra PX 80 kW
■ Delivery:Will include the carrier bringing the equipment inside to the
room where it will be installed, removing the equipment from the pallets,
and removal/disposal of packing material. Old unit(s) will not be
removed.
2.2 Out of Scope
Deliverables and activities that are not identified in this document are, by definition, out of scope
unless accompanied by an approved Project Change Request.
2.3 Estimating Assumptions
The overall scope and related work estimates for this engagement were developed based on the
following assumptions. Material changes to these assumptions may impact the estimated effort,
schedule and fees associated with completing the work.
• The scope, approach, and deliverables for this initiative are based on our current
understanding of the work required to complete the objective.
• Information provided in Client documents and statements used to develop this Statement of
Work are assumed to be an accurate representation of the respective subject matter.
• Client will provide Freeit Consultants with necessary permissions and credentials for
accessing the client systems.
• In accordance with the project schedule, the assigned Freeit resources will be engaged on a
full-time basis and work will be completed on consecutive business/working days for the
duration of this engagement.
• Client key stakeholders will be readily accessible for key decision making throughout the
course of the initiative.
• The Freeit team may perform portions of the work either on site or off site, depending on the
nature of each task.
• Some work items will be more accurately defined during the engagement. Should we
encounter a deviation from the total estimated schedule or effort, a change order will be
presented for approval prior to commencement of the associated work.
• Client understands the success of this project is dependent upon the participation of Client
staff, third party vendors and equipment availability based on the procurement of hardware
to facilitate project needs. Participation levels will be determined and communicated during
the engagement.
• The Freeit team assumes that the Client will have the proper facilities, space, and equipment
to support the efforts of the project team. This will include all necessary hardware required
for the installation and testing of each technology being designed.
October 5",2021 Client Confidential P.3 of 5
rr
City of Corpus Christi
Free SOW# FDS10062021
DATA SOLUTIONS
• Client will review interim and final deliverables and report acceptance or discrepancy to the
Freeit team within 3 days of submission of deliverables.
• Client will assume responsibility for management of all non-Freeit Systems managed
vendors.
• Client will provide details of all relevant policies and standards which may have a bearing on
the design, testing or implementation of any new technology.
2.4 Change Management
Freeit will notify Client immediately if there is any material change in scope, schedule, or
budget. Conversely, Client will notify Freeit immediately of any changes in scope or timeline. Any
change to the scope will be managed using Freeit Project Change Management process. Under
this process, either Freeit or Client may initiate a change request when some change or event has
occurred that may impact the scope, schedule, or budget of the project. Once submitted, Freeit will
respond with formal documentation that includes description of the change, effort to implement
the change, and cost of the change. The effort and cost estimate will only be performed if Client
has agreed in writing to any billable charges for this analysis. The change management process will
provide Freeit and Client an understanding of the change and how it will impact the project in
relation to duration and cost before the change is actually implemented.
Client can choose to approve or deny the change request. Freeit will not proceed with work related
to the change request until Client has issued formal approval.
Some examples of events that can cause a Change Request include the following:
• Change in Technical Scope—Client decides to include new functionality or capabilities not
identified in the initial scope and related work estimates.
• Change in Scope of Work—Client requests Freeit perform work activities or produce
deliverables not originally assigned to the Freeit team.
• Change in Approach— Material changes in the work approach due to circumstances outside
the control of the engagement team (some examples include: Client team members not
available as planned, delays in Client tasks or responsibilities, equipment not available as
planned.).
• Change in Schedule— Material changes in the schedule due to circumstances outside the
control of the engagement team
3. Professional Service Fees
Freeit will provide the services defined in this SOW on a fixed fee basis at a cost of $201,636.22 for
city location. Freeit will invoice the Client for 50% after the equipment has been delivered and the
remaining 50% at the time of completion of the engagement. Client shall pay all amounts due
under this Agreement no later than thirty(30) calendar days after Client receipt of Freeit's invoices.
4. Terms and Conditions
This SOW offer shall expire November 15th, 2021 unless executed. The term of this SOW is effective
beginning upon execution and continues through completion of the engagement. The installation
services must be scheduled within 30 days of equipment delivery.
October 5",2021 _ Client Confidential p.4 of 5
rr
City of Corpus Christi
Free r( SOW# FDS10062021
DATA 50LUT101\5
The Parties acknowledge that Client is a Texas governmental entity subject to the Texas Public
Information Act (the "Act"). Should Client receive a request for disclosure of information related to
this Agreement, Client will promptly provide Freeit notice of such request so that Freeit may avail
itself of any opportunities to establish reasons why the information should be withheld prior to
disclosing such information.The burden of establishing the applicability of exceptions to the
disclosure of information under the Act resides with Freeit. Should Freeit be unable to establish a
valid exception from disclosure or exclusion from the Act, then Client may release the information,
solely to the extent necessary to comply with the Act.
5. Insurance
Certificates of Insurance in accordance with requirements sent forth by the City of Corpus Christi
previously have been included at the end of this document.
6. Acceptance
Please acknowledge acceptance of this with signature below.
Freeit Data Solutions City of Corpus Christi
SIGNATURE SIGNATURE
PRINTED NAME:Joe White PRINTED NAME:
TITLE: Account Executive TITLE:
DATE: DATE:
October 5",2021 Client Confidential p. 5 of 5
so
�o
p A
v
WoRPORPg4 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 16, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Roland Mata, Director of Public Works
RolandoM2(5�_cctexas.com
(361) 826-3419
Josh Chronley, Assistant Director of Contracts and Procurement
Joshc2(a)cctexas.com
(361) 826-3169
All Weather Asphalt Mix Material for Public Works
CAPTION:
Motion authorizing a one-year supply agreement with two additional one-year options with
Waller County Asphalt, Inc. of Hempstead, Texas, for all-weather asphalt mix material for
the Public Works Department, for an estimated amount of $208,935.00 and a potential
cost of $632,805.00 if options are exercised, with FY 2022 funding in an amount not to
exceed $191 ,523.75 available through the Street Maintenance Fund.
SUMMARY:
This motion authorizes a one-year supply agreement with two additional one-year period
options with Waller County Asphalt, Inc. of Hempstead, Texas for a combined total of
$632,805.00. This supply agreement will provide all weather asphalt mix material to the
Public Works Department for roadway repair.
According to the proposed agreement, the contractor will deliver in bulk an initial 300-
350 tons of all-weather asphalt mix that will be stored in a City warehouse. The
department will then order additional material on an as needed basis. This amount of
supply is in keeping with the previous contract.
BACKGROUND AND FINDINGS:
The all-weather asphalt mix material will be utilized by the Public Works Streets Division
for roadway repair throughout the City's streets infrastructure. This all-weather asphalt
mix will be utilized for pothole patching when hot mix is not available. Hot mix is not
available when temperatures drop below 55 degrees or when the City experiences
extended rain events.
PROCUREMENT DETAIL:
The Purchasing Division conducted a competitive request for bids (RFB) process to
obtain bids. The City received one responsive bid out of 148 notifications, using 11
different commodity codes for solicitation. This contract is unique to the previous 2019
Contract, since Public Works is requiring bulk tonnage versus bagged asphalt mix,
resulting in significant savings. In 2019, Waller County Asphalt bid breakdown equated to
$400/ton. The proposed new contract equates to $139.29/ton resulting in an estimate
savings of $260/ton from the 2019 contact to the 2022 contract.
Staff is recommending Waller County Asphalt, Inc of Hempstead, Texas, the lowest,
responsive, responsible bidder. Therefore, staff recommends award to the Contractor to
provide needed all-weather asphalt mix material.
ALTERNATIVES:
An alternative to this motion is not to purchase this material. However, without the material
the Public Works Department will not have the necessary material needed during extreme
weather conditions.
FISCAL IMPACT: The fiscal impact in FY 2022 is an amount $191 ,523.75 for this
supply agreement with the remaining cost of $441,281 .25 budgeted in future years
through the annual budget process.
FUNDING DETAIL:
Fund: 1041 Street Maintenance Fund
Organization/Activity: 12430 Surface Preservation
Mission Element: 051 Maintain pavement & associated improvements
Project # (CIP Only): N/A
Account: 520130 Maintenance and repairs
Amount: $191 ,523.75
RECOMMENDATION:
Staff recommends the approval of this agreement with Waller County Asphalt, Inc of
Hempstead, Texas, for All Weather Asphalt Mix Material for Public Works.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Supply Agreement
City of Corpus Christi Bid Tabulation
Procurement RFB#3802
Buyer:Marco Lozano All Weather Asphalt Mix Material for Public Works
Waller County Asphalt,Inc. -
Hempstead,Tx.
ITEM Description Unit Qty Unit Price Total Price
All-weather asphalt pothole patching
1 mix in bulk,no bags,including Tons 1,500
transportation $ 139.29 $ 208,935.00
1-Year Total $ 208,935.00
1st 1-Year Extension Option: All-
2 weather asphalt pothole patching mix Tons 1,500
in bulk,no bags,including
transportation $ 141.29 $ 211,935.00
2nd 1-Year Extension Option: All-
3 weather asphalt pothole patching mix Tons 1,500
in bulk,no bags,including
transportation 1 141.29 1 $ 211,935.00
Extensions Total $ 423,870.00
1 Year plus Extensions Grand Total $ 632,805.00
DocuSign Envelope ID:5071 E850-B3FD-44AE-8A28-F58C788463B0
CUs
G�
> SUPPLY AGREEMENT NO. 3802
U
All Weather Asphalt Mix Material for Public Works
fhaaaoRp
1852
THIS All Weather Asphalt Mix Material for Public Works Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Waller County Asphalt, Inc. ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide All Weather Asphalt Mix Material for
Public Works in response to Request for Bid No. 3802 ("RFB"), which RFB includes the
required scope of work and all specifications and which RFB and the Contractor's bid
response are incorporated by reference in this Agreement as Exhibits 1 and 2,
respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide All Weather Asphalt Mix Material for Public Works
in accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. "Goods," "products", and "supplies", as used in this
Agreement, refer to and have the same meaning.
2. Term.
(A) This Agreement is for one year. The parties may mutually extend the term
of this Agreement for up to two additional one-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
$208,935.00, subject to approved extensions and changes. Payment will be made
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for goods delivered 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: Velma Pena
Department: Public Works Department
Phone: (361 )-826-1933
Email: VelmaP@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
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7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Velma Pena
Title: Contracts and Funds Administrator
Address: 2525 Hygeia Street, Corpus Christi, Texas 78415
Phone: 361-826-1927
Fax: 361-826-1627
IF TO CONTRACTOR:
Waller County Asphalt, Inc.
Attn: Reid Dawson
Title: Vice President
Address: 22010 Fairgrounds Rd., Hempstead, Texas 77445
Phone: 979-826-7075
Fax: N/A
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
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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.
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.
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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.
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.
(SIGNATURE PAGE FOLLOWS)
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CONTRACTOR
DocuSigned by:
�t,t�, �ai.WSbtn,
Signature:
Printed Name: Reid Dawson
Title:
Vice President
Date: 10/13/2021
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 Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit l : RFB No. 3802
Exhibit 2: Contractor's Bid Response
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E =' ATTACHMENT A: SCOPE OF WORK
U �
1.1 General Requirements/Background Information
The Contractor shall provide bulk All-Weather Asphalt Mix Material (All Season
Pre-Coated Patching Mixture), for the Street Department as outlined in this
Scope of Work (Specifications and Requirements).
1.2 Scope of Work
A. This specification covers various street construction material used by the
City of Corpus Christi, Texas.
B. The material listed in this specification are used in the repair and
maintenance programs of the Corpus Christi Public Works Department.
1.3 Work Site and Conditions
A. The material shall meet the requirements of TXDOT Standard Specification for
Construction and Maintenance of Highways, Streets and Bridges
Departmental Materials Specifications (DMS) 9202 - Asphaltic Concrete
Patching Material & DMS 9203 - Rapid-Curing Asphaltic Patching Material.
1) TXDOT DMS 9202 - 6.1.7. All Season Pre-Coated Patching Mixture
All Season Pre-Coated Patching Mixture (ASPPM)_ Use only aggregate gradation IV to produce ASPPM_
Pre-coat the coarse and tine aggregates with at least 'I%of AC-10, PG 64-22, or equivalent material in
accordance with Item 300 prior to mixing with the asphalt material meeting the requirements of Table 7.
Table 7
Asphalt Material Properhes for ASPPM
Property Test Procedure Min i Max
Kinematic viscosity, 140'F, cSt T 201 300 700
Water, % T 55 G 0.1
Flash paint,T_O.C_ -F T 79 250 [ —
Distillation test: T 78 j.
Distillate, percentage by volume ottotaI distillate to i
680-F j
to 437'F 0 i 0
to 500'F 0 I 5
to600aF 55 I –
Residue from distiliatk)n,volume% 73 i loo
Tests on distillation residue:
Penetration, 100 g, 5 sec., 77'F T 49 200 –
i
Solubitity in trichloroethylene', % T 44 99_0
Nota—Test procedures beginnkng with T are AASHTO procedures_
1. Only perform this test if the binder does not appear homogenous_
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2) TXDOT DMS 9203 Class I Dense Grade Rapid-Curing Asphalt Concrete
Table 1
Class L Dense Graded Rapid-Curing Asphalt Concrete
Asphalt Content Exclusive of Volatites
Min. +�6
ax.
%by Weight 4.0 .5
Aggregate Gradation
Sieve %by Weight
Passing 1.12" 100
Passing 318° 95-100
Passing L-4" 80-95
Passing No_ 10 30-45
Passing No_40 5-20
Passing No_90 5-10
Passing No_200 2-8
Hydrocarbon Volatile Content of Mix
%by Weight 0.4 1.0
Moisture Content of the Mix
%by Weight - 0.2
Distillation lunge of Volatiles Recovered from Mix
Distillate,expressed as percent by volume of total volatiles recovered from mix when tested by ASTM D$6
• Off at 300°F(149°C) 0 15
• Off at 350°F(177°C) 25 90
• Off at 400%(204°C] 65 100
• Off at 450°F(232°C) 75 100
Properties of Asphalt Extracted from the Mix
Penetration,77°F(25°C), 100 g,5 sec. 1 60 120
Ductility at 77°F(254C),5 era/min.,em 100 -
Stability and Density Properties
Stability of as-received mix(no curing)at 77 f 2°F(25 f 1°C),(molded at 77 f 2°F
1°C]) 35%[25 f
Stability of cured mix at 140°F(60°C),(cured and molded at 140°F[60°C]) 40% -
Density(Mixed,cured,and molded at 140°F[60°C];percent density is the ratio of
the compacted specific gravity to the theoretical maximum specific gravity 90% 96%
determined by Tex-227-F.)
Resistance to Water Damage
Fhe as-received mix,evaluated by Tex-530-C,must not show evidence of more than 10%stripping of the
aggregate surfaces.
B. Testing reports shall be submitted by the selected Supplier to the Contract
Administrator for approval prior to delivery. Packing slips or other suitable
shipping documents shall accompany each shipment and shall show: (a) name
and address of person delivering the load, (b) name and address of receiving
department and/or delivery location, and (c) with each delivery, furnish a
shipping or delivery ticket showing description of items and quantity.
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Contract Administrator to assure that the requirements
of the Contract are provided as specified. The Contractor will also provide
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supervision of the work to insure it complies with the contract requirements.
1.5 Special Instructions
A. All material shall be transported from the plant to the designated stock
storage yard or job site in tight vehicles with metal bottoms previously
cleaned of all foreign matter and when necessary shall be covered to
reduce loss material and to protect material from weather elements.
B. Stock storage yard schedule delivery dates and standard service hours
Monday through Friday between the hours of 7:00 a.m. - 5:00 p.m.
C. Deliveries are to be made as required. Delivery will be to the City of Corpus
Christi Public Works Department Materials Storage Yard at 2626 Holly
Road, Corpus Christi, Texas 78415. Material Storage Yard is located behind
Corpus Christi Animal Care and Vector Service Center with drivable entry
on Civitan Street. Delivery shall be in end-dump dump trucks.
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ATTACHMENT S - SID PRICING
so
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BID FORM
hC RP RPI O
1852 RFB No. 3802
All Weather Asphalt Mix Material for Public Works
PAGE 1 OF 1
Date: ' 2'-r ?�2)
Authorized
Bidder: WgllFR(�pUIJN ASPFtAC� lnlC 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.
Item Description UNIT 1-Year QTY Unit Price Total Price
All-weather asphalt pothole
1 patching mix in bulk, no bags, Tons 1,500 $ 1-39.29 $20%1936
including transportation
1-Year Total $Zpg
,935
Item Description UNIT 1-Year QTY Unit Price Total Price
1st 1-Year Extension Option:
2 All-weather asphalt pothole Tons 1,500 $ Iq 1.21 $2-1035
patching mix in bulk, no bags,
including transportation
2nd 1-Year Extension Option:
3 All-weather asphalt pothole Tons 1,500 $
patching mix in bulk, no bags,
including transportation
Extensions Total 910
1 Year plus Extensions Grand Total $ (o32,M
DocuSign Envelope ID:5071 E850-B3FD-44AE-8A28-F58C788463B0
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 Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation endorsement is required on 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
change, or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including:
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $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
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.
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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
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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.
Bond Requirements:
No bonds are required.
2021 Insurance Requirements
Ins. Req. Exhibit 4-13
Contracts for General Services - Services Performed Onsite
05/10/2021 Risk Management - Legal Dept.
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ATTACHMENT D: WARRANTY REQUIREMENTS
No product warranty required.
Page 1 of 1
so
�o
p A
v
WoRPORPg4 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of November 16, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Jeffrey Edmonds, Director of Engineering Services
0effreye(a)-cctexas.com
(361) 826-3851
Dante Gonzalez, Interim Director of Parks and Recreation
d a n teg(a-)cctexas.co m
(361) 826-7323
Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement
heatherh3(a)cctexas.com
(361) 826-3227
Professional Services Contract
Bill Witt Park Pool and Facility Design
(Bond 2020— Proposition B)
CAPTION:
Motion authorizing the award of a professional services contract to Kimley-Horn, Austin, Texas,
to provide design, bid, and construction phase services for the new Bill Witt Park Pool and
Facility Design in an amount of$798,000.00, located in Council District 5, with FY2022 funding
available from the Parks and Recreation Bond 2020 Fund.
SUMMARY:
This motion approves a professional services contract for the Bill Witt Park Pool and Facility
design.
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 included projects
for streets, parks, and public safety improvements.
Proposition B — Parks projects included improvements to Bill Witt Park, a regional park located
in off of Yorktown Boulevard. This area of the city is seeing high rates of growth, but it lacks
public amenities such as aquatic recreation. Currently, there are five city swimming pools none
of which are located in the southern portion of the city. Corpus Christi Natatorium, a Corpus
Christi Independent School District (CCISD) facility is located in the area but has limited hours
of operation. Aside from limited hours and limited facility options, residents looking to practice
swimming in the facility also encounter limited lanes due to the regular renting of lanes from
private organizations.
The project scope for the Bill Witt Park Pool and Facility design will include one competition
pool. Staff aims to elevate the facility's amenities to include a separate recreational pool with
play features, buildings, site improvements, parking, seating areas and shade structures. Final
design and amenities will be determined by feasibility, pricing, and the professional opinion of
the contracted architectural firm.
Facility planning is being coordinated with the Bill Witt Master Plan that is anticipated to be
completed by January 2022.
PROJECT TIMELINE:
1 - 2022
November — December
Design
Project schedule reflects City Council award in November 2021. Currently, only the design of
the facility was funded through Bond 2020. Staff will request that funding for the construction of
the facility be pursued in Bond 2022.
COMPETITIVE SOLICITATION PROCESS:
On December 28, 2020, the Contracts and Procurement Division issued a Request for
Qualifications (RFQ) for engineering services with the RFQ Number 3409 Professional
Engineering Bill Witt Park— Pool and Facility Design. The city received a total of eight
Statements of Qualifications.
The RFQ selection committee consisted of representatives from Engineering Services, Asset
Management, Contracts and Procurement, the Parks and Recreation Department, and the City
Manager's Office.
On August 8, 2021, the selection committee conducted interviews for the top three firms that
submitted an SOQ. Firms were ranked based on four factors: 1) firm's experience and
qualifications; 2) team's experience and qualifications; 3) understanding of project scope; and 4)
the design firm's ability to maintain schedules, cost, and quality controls.
The committee selected Kimley Horn as the best qualified firm. Kimley Horn is a full-service
consulting firm with a long-standing record of aquatic facility design for public and private sector
clients. Kimley-Horn was established in 1967 and is a nationwide leader in aquatic planning and
design. The firm averages four to five aquatic facilities designs per year, keeping up with trends
and technological advances.
The design team has vast experience providing design, bid, and construction phase services for
aquatic center development. Kimley-Horn has selected sub-consulting partners who have the
experience necessary to successfully execute the Bill Witt—Park Pool and Facility design. Kimley-
Horn has demonstrated capability in comparable projects, including similar climatic conditions
such as windstorms and flooding hazards. Some of the projects that Kimley Horn is currently
designing in 2021-2020 are Thomas Foreman Park, Greenville, NC, Sooner Park Expansion,
Bartlesville, OK, Bachman Park Expansion, Dallas, TX, Lincoln Park, Palmetto, FL, Thurgood
Marshall Park, Dallas, TX, Exline Park, Dallas, TX, Harry Stone Park, Dallas, TX.
ALTERNATIVES:
The alternative is for staff to reject the proposal and re-solicit for the design of the building
improvements. This would delay the project.
FISCAL IMPACT:
The fiscal impact in FY2022 is an amount of$789,000.00 with funding available from the Parks
and Recreation Bond 2020 Fund.
FUNDING DETAIL:
Fund: Parks and Recreation Bond 2020 Fund (3296)
Mission Elem: Parks and Recreation Maintenance (141)
Project: Bill Witt Park - Pool & Facilities (21083)
Account: Design (550950)
Activity: 21083-3296-EXP
Amount $798,000.00
RECOMMENDATION:
Staff recommends that City Council authorize the award to Kimley-Horn for the design of the Bill
Witt Park Pool.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Evaluation Matrix
Contract
CIP Page
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BILL WITT CITY PARK - POOL & CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI,TEXAS VONI
FACILITIES (DESIGN)
DEPARTMENT OF ENGINEERING SERVICES
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BILL WITT CITY PARK - POOL CITY COUNCIL EXHIBIT
& FACILITIES (DESIGN) DEPARTMENT
OF CORPUS CHRISTI,TEXAS VONI
OF ENGINEERING SERVICES
RFQ NO.3409 Bill Witt City Park- Pool& Facilites Design
Proposal Evaluation Kimley- Hanson Gignac CLK Ardura Bath Dykema WKMC
Horn
MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Pass Pass Pass
Licensing/Certification J J J J d
No material lawsuits during last 5 years
No material regulatory issues last 5 years
References Provided for firm
TECHNICAL PROPOSAL (50 PTS) 47 48 46 40 35 36 34 38
Firms'Experience(15 pts) 15 15 14 12 10 10 10 12
Team's Experience(15 pts) 14 15 15 13 11 11 10 11
Understanding of Project Scope(20 pts) 18 18 17 15 14 15 14 15
INTERVIEW(50 PTS) 47 45 44 0 0 0 0 0
Firms'Experience(15 pts) 14 14 14
Team's Experience(15 pts) 14 14 13
Understanding of Project Scope(20 pts) 19 17 17
Total 94 93 90 40 35 36 34 38
�o�yuse SERVICE AGREEMENT NO. 3938
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CONTRACT FOR PROFESSIONAL SERVICES
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1852
FOR PROJECT 21083 BILL WITT CITY PARK POOL & FACILITY 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 Kimley Horn & Associates, 5301 Southwest Parkway Building 2, Suite 100
Austin, Texas 78735 (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.
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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 $ 798,000.00
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
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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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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
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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.
Contract for Professional Services
Page 10 of 12
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]
Contract for Professional Services
Page 11 of 12
CITY OF CORPUS CHRISTI KIMLY HORN & ASSOCIATES
Michael Rodriguez Date Austin Powers, PLA Date
Chief of Staff Principle
5301 Southwest, Building 3, Suite 100
Austin, Texas 78735
austin.powersp_kimley-horn.com
APPROVED AS TO LEGAL FORM:
Assistant City Attorney Date
Authorized By
Council
ATTEST
City Secretary Date
Contract for Professional Services
Page 12 of 12
Kimley,) Horn
September 30, 2021
Mr. Jeffrey H. Edmonds P.E.
Director of Engineering Services
City of Corpus Christi
1201 Leopard St.
Corpus Christi, TX 78401
RE: RFQ No. 3409 Bill Witt City Park Pool Design
Professional Services Agreement
Dear Mr. Edmonds,
The Scope of Services as outlined on the following pages is based upon our meetings and
conversations with the City of Corpus Christi, Texas.
Project Understanding:
Kimley-Horn and Associates, Inc. (Consultant) understands that the City of Corpus Christi, Texas,
(City) intends to finalize concepts, complete construction documents, advertise for bid, and
construct the Bill Witt Aquatic Center (Project) to include a 10-lane lap pool, approximately 8,000
SF recreational leisure pool with play feature and body slide, buildings, site improvements,
parking, seating areas and shade structures at Bill Witt City Park located at 6869 Yorktown Blvd,
Corpus Christi, Texas. The construction budget is approximately$8 million.
Based on our initial discussions with City staff and the Consultant's preliminary research, neither
the FEMA floodplain maps (published in the 80s) nor the preliminary FEMA maps from 2020 show
regulatory floodplain on the property. Any items requested by the City that are not described in
the following scope will be considered an addition to this Agreement and may be provided only
as requested and authorized by the City.
City's Responsibilities:
The Consultant understands that the City will provide the following information, on which we may
rely, for our use in completing this Scope of Services:
1) Any existing Final Plat of the site.
2) A geotechnical report for the site.
3) Any City of Corpus Christi design requirements, list of adopted codes, or standards applicable
to the project.
4) Any available plans of existing or proposed utilities, parking, and streets within or adjacent to
the site.
5) Water, Sanitary Sewer, and Storm Drainage service to the site.
6) Preliminary Construction Budget
7) Schedule project review meetings with all necessary City review staff.
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
Exhibit "A"
Scope of Services
The Consultant will provide the following Basic services as set forth below:
Basic Services:
Task I Coordination and Design Management
The Consultant will serve as the lead design consultant and project design team manager.
Coordination and Design Management will consist of the following tasks:
A) Review of the survey and geo-technical work.
B) Assignment of design team responsibilities.
C) Perform initial due diligence to determine utility services and City requirements.
D) Review applicable development and design requirements applicable to the project.
E) Direct the Consultant's design team during the design phase.
F) Communicate with the City's Project Manager as needed, including informal submittals to
facilitate design decisions during the project.
G) Attend design review meetings during the Schematic Design, Design Development, and
the Construction Documents phases of the project with City's representatives.
Task II Finalize Conceptual Plans
Prior to beginning this task, the City will furnish the Consultant with existing utility information, any
future park development plans and applicable adopted codes and development requirements for
the site. The Consultant will perform the following tasks:
A) Review the Conceptual Designs completed as part of the 2020 Bill Witt Aquatic Center
Feasibility Study (City Task No. 20293).
B) Review and determine program and requirements for support buildings (first aid,
concessions, maintenance, restrooms, and shade); utilities; parking with the City and
associated costs so that the new support features can be selected for incorporation into
the conceptual plan.
C) Review and determine swimming pool design program (finishes, filters, support
equipment)
D) Preparation and presentation of updated conceptual plans and cost considerations for
discussion at a meeting with City representatives.
E) Determine survey boundaries and kickoff survey.
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
Deliverables: Provide One (1) Final Colored Conceptual Plan (Electronic) and Opinion of
Probable Cost
Meetings: Three (3) to Four(4) Internet Meetings
Task III Schematic Design (30% Construction Documents)
Once the Final Conceptual Design is approved, the Concept Design will be used as the basis for
the Schematic Design. The Schematic Design phase will consist of the following tasks:
A) Preparation of schematic plans and sections (30% Construction Documents) for the pools,
buildings, and site development showing dimensions and features.
B) Provide and opinion of probable cost for the pools, buildings, shade, thematic elements,
and site development and answer questions regarding estimated cost data.
C) Provide information on finishes, equipment, lighting, outlets, pool water supply and waste,
structural design, and site utilities.
D) Meet with City staff for a design workshop.
E) Review and incorporate City design comments into the Schematic Design Package.
F) Submit Final 30% Schematic Design packet along with 30% Schematic Design comment
responses.
G) Attend Early Assistance Meeting with Development Services Department to discuss and
identify code issues, or other times that may impact project design.
Deliverables: Provide One (1) Final 30% Design Package and Opinion of Probable Cost
Meetings: One (1) Internet Meetings
One (1) In-Person Meeting with Development Services Department
Task IV Design Development (60% Construction Documents)
The Design Development phase will consist of the following tasks:
A) Preparation of Design Development plans, sections, and preliminary specifications (60%
Construction Documents) for the pools, buildings, and site development.
B) Provide and opinion of probable cost for the pools, buildings, shade, thematic elements,
and site development and answer questions regarding estimated cost data.
C) Provide information on finishes, equipment, lighting, outlets, pool water supply and waste,
structural design, and site utilities.
D) Submit 60% Design Development packet per City Design Submittal Packet Checklist.
E) Incorporate City comments from their review of the Design Development package.
F) Meet with City staff to review Design Development package after comments are
incorporated.
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
Deliverables: Provide One (1) 60% Design Development Drawings (Electronic) and
Specifications (Electronic) and Opinion of Probable Cost
Meetings: Two (2) Internet Meetings
Task V Construction Documents (90% and 100% Construction Documents)
The Construction Development phase will consist of the following tasks:
A) Preparation of Construction Documents plans, sections, and preliminary specifications
(90% and 100% Construction Documents) for the pools, buildings, and site development.
The construction document set consists of the following:
a. Site development plans (layout, grading, storm sewer and drainage areas, water
and sanitary sewer, lighting, power distribution, erosion control, planting and
irrigation, and details).
b. Building plans (floor plans elevations, section, details, HVAC, plumbing, electrical,
and utilities).
c. Pool layout, piping, and filtration plans (competition pool, recreation pool, other
aquatic features, sections, details, equipment, pumps, filters, and chemical feed
equipment).
B) Provide and opinion of probable cost for the pools, buildings, shade, thematic elements,
and site development and answer questions regarding estimated cost data. Because the
Consultant does not control the cost of labor, materials, equipment, or services furnished
by others, methods of determining prices, or competitive bidding or market conditions, any
opinions rendered as to costs, including but not limited to opinions as to the costs of
construction and materials, shall be made on the basis of its experience and represent its
judgment as an experienced and qualified professional, familiar with the industry. The
Consultant cannot and does not guarantee that proposals, bids, or actual costs will not
vary from its opinions of cost.
C) Provide information on finishes, equipment, lighting, outlets, pool water supply and waste,
structural design, and site utilities.
D) Meet with City staff to review 90% Construction Document package prior to review
submittal.
E) Incorporate City Front End Documents into the Project Manual.
F) Submit 90% Construction Document packet per City Design Submittal Packet Checklist.
G) Incorporate City comments from their review of the 90% Construction Document package.
H) Meet with City staff to review 100% Construction Document package prior to review
submittal.
1) Submit 100% Construction Document packet per City Design Submittal Packet Checklist.
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
J) Register project with TDLR, submit plans for review by a State of Texas Registered
Accessibility Specialist, and incorporate and address comments in construction document
prior to bid.
Deliverables: Provide One (1) 90% Construction Drawings (Electronic) and
Specifications (Electronic) and Opinion of Probable Cost
Provide One (1) 100% Construction Drawings (Electronic) and
Specifications (Electronic) and Opinion of Probable Cost
Meetings: Up to Four(4) Internet Meetings
Task VI Bidding Phase and Contract Award
The Bidding Phase will consist of the following tasks:
A) Submit final plans to Development Services for code review. Incorporate and address
comments prior to bid advertisement.
B) Provide Signed and Sealed Final Bid Set
C) Finalize technical specifications to include contract requirements and bid form per City
requirements.
D) Attend pre-bid conference between the Consultant, City, and prospective bidders.
E) Answer bidder's inquiries during the Bidding Phase and, at the City's direction, furnish and
issue addenda items to clarify drawings and specifications.
F) Assist the City in receiving, tabulating, and analyzing the bids.
G) Prepare bid recommendation letter and answer questions during contract preparation.The
selection of any contractor is the sole responsibility of the City.
Deliverables: One (1) Final Bid Set of Construction Documents (Signed and Sealed)
Tabulated Bid Form and Bid Recommendation Letter
Meetings: Two (2) In-Person Meetings
Task VII Construction Phase Services (T&M Not to Exceed)
The Consultant will provide Construction Phase Services for the project as requested by the City,
as outlined below. Please note these services do not provide a full-time resident project
representative:
A) Provide site observation visits as requested by the City. Site observation visits shall be
provided for the purpose of ascertaining for the City that the work is in general
conformance with the contract documents and design intent.
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
1. Should non-conforming or defective work be observed, the Consultant will
endeavor to promptly inform the City's representative and Contractor conforming,
or remedial action is required.
2. The Consultant shall have no responsibility for any contractor's means, methods,
techniques, equipment choice and usage, sequence, schedule, safety programs,
or safety practices, nor shall Consultant have any authority or responsibility to stop
or direct the work of any contractor. The Consultant's visits will be for the purpose
of endeavoring to provide the City a greater degree of confidence that the
completed work of its contractors will generally conform to the construction
documents prepared by the Consultant. Consultant neither guarantees the
performance of contractors, nor assumes responsibility for any contractor's failure
to perform its work in accordance with the contract documents.
3. The Consultant is not responsible for any duties assigned to the design
professional in the construction contract that are not expressly provided for in this
Agreement. The City agrees that each contract with any contractor shall state that
the contractor shall be solely responsible for job site safety and for its means and
methods; that the contractor shall indemnify the City and the Consultant for all
claims and liability arising out of job site accidents; and that the City and the
Consultant shall be made additional insureds under the contractor's general
liability insurance policy.
B) Conduct coordination meetings with contractors, inspection personnel, and City
representatives to discuss strategy, problem areas, progress, and any required or
requested coordination. Prepare a summary of these meetings and distribute them to
both the City and the contractor (maximum of ten (10) meetings total to be conducted in
conjunction with a site observation visit.)
C) Review shop drawings and other submittal information for the purpose of ascertaining
conformance with the design intent and construction documents. Consultant will review and
approve or take other appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance with the information
given in the Contract Documents. Such review and approvals or other action will not extend
to means, methods, techniques, equipment choice and usage, sequences, schedules, or
procedures of construction or to related safety precautions and programs.
D) Provide written responses to requests for information or clarifications. Consultant will respond
to reasonable and appropriate Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to City as appropriate to the
orderly completion of Contractor's work. Any orders authorizing variations from the Contract
Documents will be made by City.
E) Prepare and process change orders, if required. Consultant may recommend Change Orders
to City and will review and make recommendations related to Change Orders submitted or
proposed by the Contractor.
F) Assist the City in conducting substantial completion and final completion observations.
Consultant will, promptly after notice from Contractor that it considers the entire Work ready
for its intended use, in company with City and Contractor, conduct a site visit to determine if
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
the Work is substantially complete. Work will be considered substantially complete following
satisfactory completion of all items with the exception of those identified on a final punch list.
If after considering any objections of City, Consultant considers the Work substantially
complete, Consultant will notify City and Contractor.
G) Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine
if the completed Work of Contractor is generally in accordance with the Contract Documents
and the final punch list so that Consultant may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final payment, Consultant shall also
provide a notice that the Work is generally in accordance with the Contract Documents to the
best of Consultant's knowledge, information, and belief based on the extent of its services and
based upon information provided to Consultant upon which it is entitled to rely.
H) Review of Contractor furnished As Built / Record Drawing Plans.
I) Attend a one-year warranty inspection with the City and Contractor prior to the expirations of
the one-year warranty to note defects requiring Contractor action.
J) The Consultant will not provide services in excess of the maximum fee without authorization
from the City. Labor will be billed on an hourly basis according to our then-current rates.
Meetings: Fourteen (14) Kimley-Horn In-Person Meetings
Two (2) Counsilman-Hunsaker In-Person Meetings
Two (2) Davis and Davis In-Person Meetings
One (1) Engineering Associates In-Person Meetings
Special Services:
Task VIII Existing Conditions and Topographic Survey
The Consultant will provide a topographic survey and boundary survey of the site in AutoCAD
2004 or later. The topographic survey will be a detailed ground survey based upon a 50' grid,
showing existing above and below ground conditions, easements, setbacks, utilities (above and
below ground), contours at one-foot (1') intervals, spot elevations, physical features, single trees
greater than six inches (6") in diameter in the vicinity of planned improvements. The limits of the
existing adjacent parking and buildings will be shown. Also, all other adjacent park improvements
will be shown (parking and striping, planters, etc.) Datum will be tied to a benchmark or datum
designated by the City and four temporary benchmarks will be provided on-site. The Consultant
will use the AutoCAD files provided by the local surveyor of the topographic and boundary survey
for base maps and to prepare an existing conditions and demolition plan for the proposed family
aquatic center and parking.
Task IX Windstorm Certification and Inspection
The Consultant will utilize a local windstorm engineer to perform wind load analysis on building
structures and perform inspections & documentation to ensure the project is constructed as
specified and will file forms to receive a Windstorm Certificate (WPI-8).
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
Exclusions:
Any items requested by the City that are not outlined in the above scope are considered
excluded from this Agreement and may be provided only if requested and authorized in writing
by the City.
The Consultant can provide the following services, but they are not included in the limited scope
of this Agreement:
Franchise Utility Coordination
TXDOT Coordination
3D Visualization Graphics
Traffic Impact Studies or Signal Design
Preparation of Traffic control plans
Revisions Due to Changes in Regulations
Revisions to Construction Documents after design approval other than clarifications
Archaeological Survey
Submittal, Permitting Fees, or Impact Fees
Construction Staking
Bridge or Retaining Wall Design
Off-Site Utility Design
Lift Station Design
Water Well and Water Tank Design
Franchise Utility Design
Off-Site Roadway Design
Off-Site Easement Descriptions
Detailed Cost Estimates (As Prepared by an Estimating Service)
Itemized Unit Price Bid Forms
Record Drawing Survey
Preparation of Preliminary or Final Plat
Environmental Impact Statement
Water Quality and/or Detention/Retention ponds
Drainage Studies of Any Kind
Additional work due to an increase in project size (In excess of$8 million)
Schedule:
The Consultant will work with the City to develop a mutually acceptable project schedule (See
Exhibit "B"—Attached.)
Fees and Billing:
The Consultant will perform the tasks 1-6 and 8 and 9 as described in the Scope of Services for
a total lump sum fee of $709,440. Task 7 will be billed on a Time and Materials not to exceed
$88,560 Any permitting, application, and similar project fees will be paid directly by the City (See
Exhibit "C" - Attached.)
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley>>> Horn
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
r
Eric Z. Smith, Austin Powers, PLA
Assistant Secretary Project Manager
Attachments: Exhibit "B" and Exhibit "C"
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
Exhibit "B"
Proposed Project Schedule
Date Activity
TBD Notice to Proceed
3 Weeks Finalize Conceptual Design
8 Weeks 30 % Draft Schematic Design Workshop
4 Weeks 30% Final Schematic Design Submittal
3 Weeks City Review
8 Weeks from Final 30% 60% Design Development Design Submittal
3 Weeks City Review
8 Weeks from City Review 90% Construction Document Design Submittal
3 Weeks City Review
4 Weeks from City Review 100% (Pre-NOA) Construction Document Submittal
3 Weeks City Review
2 Weeks from City Review 100% Sealed Bid Package
3 Weeks Development Services Review
1 Week from 100% Sealed Bid Package Advertise for Bids
2 Weeks from Advertise Pre-Bid Meeting
2 Weeks from Pre-Bid Meeting Receive Bids
6 Weeks from Receipt of Bids Contractor Contract Award
2 Weeks from Contract Award Begin Construction
52 Weeks from Begin Construction* Complete Construction
Note: This schedule is tentative and is based upon actions by others (City) and Contractor of
which the Consultant has no control. This schedule is preliminary in nature and is intended only
for project planning purposes.
5301 Southwest Parkway Building 2,Suite 00 Austin,TX 78735
Kimley,) Horn
Exhibit "C"
Fee Breakdown By Discipline
Consultant Discipline Fee
Kimley-Horn Project Coordination, Project Management, Lead $485,000
Designers, Civil Engineers, Landscape Architects,
Survey, Permitting, Construction Administration
Sub-Consultant
Counsilman-Hunsaker Pool Mechanical $140,000
Davis and Davis Building Architect $110,000
Engineering Associates MEP/HVAC $25,000
Core Group Structural $20,000
TBD Windstorm Engineer $15,000
GAP Consulting Registered Accessibility Specialist $3,000
Total $798,000
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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
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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.
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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
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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.
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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
EXHIBIT D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services 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 D
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 14 of 22
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 Plan 2022 rhru 2024
City of Corpus Christi, Texas
Project# 21083
Project Name Bill Witt City Park- Pool &Facilities Design
a
Type Improvement/Additions Department Parks and Recreation
Useful Life 25 years Contact Park Director
Category Park Improvements Priority 2 Critical-Asset Condition
Status Active
Description
This project is for design only of a new swimming pool with restrooms,lockers,and supporting infrastructure at Bill Witt Park.
Justification
Currently district 5 does not have a public pool facility to serve the community.
Expenditures Prior Years 2022 2023 2024 Total
Design 900,000 900,000
Eng,Admin Reimbursements 100,000 100,000
Tom 1,000,000 1,000,000
Funding Sources Prior Years 2022 2023 2024 Total
G.O.Bond 2020 1,000,000 1,000,000
Total 1,000,000 1,000,000
Budget Impact/Other 71
There is no projected operational impact with this project at this time. Upon completion of the construction additional coast are to be budget for
lifeguard and maintenance of the pool in the Parks&Ree annual operating budget.
59
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WoRPORPg4 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting November 16, 2021
DATE: November 16, 2021
TO: Peter Zanoni, City Manager
FROM: Roland Mata, Director of Public Works
RolandoM2(a)cctexas.com
(361) 826-1677
Renaming the Public Works Department Building #21 to the
Richard E. Martinez Public Works Facility
CAPTION:
Resolution authorizing the name change of the Public Works Department Building #21 to
the Richard E. Martinez Public Works Facility in honor of the late Public Works
Department Director, Richard E. Martinez.
SUMMARY:
Resolution authorizing the renaming of a city facility on behalf of the late Public Works
Director Richard Martinez in recognition for his contributions to the City of Corpus Christi.
BACKGROUND AND FINDINGS:
Councilman Ben Molina has recommended the renaming of the Public Works Department
Building #21 , located at 2525 Hygeia, on behalf of the late Director Richard Martinez.
Richard was a true and inspirational leader who instilled confidence in his teammates and
has spent the past two years rebuilding our public works functions.
Richard came to the City in January 2020 as part of the restructuring of the Public
Works/Streets/Storm Water Department. As Public Works Director Richard spearheaded
the City's first five-year rolling infrastructure management plan and worked to have over
$200 million of funding dedicated for street maintenance and reconstruction during his
time with the City. Richard established an in-house Street Rehabilitation Program creating
two teams to self-perform street rebuilding, augmenting work of our private sector
partners. Additionally, he developed an innovative pothole repair improvement program.
Richard was instrumental in the consolidation of the storm water functions from two other
City departments for improved realignment of services and developed a robust street
sweeping program for the first time in the City's history.
Richard enhanced the quality of life for the residents of Corpus Christi by continually
improving infrastructure and providing services in a cost-effective manner.
Current Council policy approved by Resolution 21901 , 8. Naming of City Facilities,
states: "final decisions regarding the naming of City facilities shall be the decision of the
City Council. The City Council may request recommendations from City boards,
commissions, committees or advisory bodies."
ALTERNATIVES:
Not approve this request and not rename the building.
FISCAL IMPACT: Public Works is coordinating the design and installation of the
signage through Engineering Services and Asset Management. Design and installation
is expected within the next three months. Final fiscal impact will be determined at that
time.
FUNDING DETAIL:
Fund: N/A
Organization/Activity:
Mission Element:
Project # (CIP Only): N/A
Account:
Amount:
RECOMMENDATION:
Staff recommends the approval of this request.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Resolution authorizing the name change of the Public Works Department
Building #21 to the Richard E. Martinez Public Works Facility in honor of the late
Public Works Department Director, Richard E. Martinez
WHEREAS, Richard Martinez was a true and inspirational leader who
instilled confidence in his teammates and spent the past two years rebuilding our
public works functions; Richard spearheaded the City's first five-year rolling
infrastructure management plan and worked to have over $200 million of funding
dedicated for street maintenance and reconstruction during his time with the City.
WHEREAS, Richard Martinez established an in-house Street
Rehabilitation Program creating two teams to self-perform street rebuilding,
augmenting work of our private sector partners. Additionally, he developed an
innovative pothole repair improvement program. Richard was instrumental in the
consolidation of the storm water functions from two other City departments for
improved realignment of services and developed a robust street sweeping
program for the first time in the City's history;
WHEREAS, Richard Martinez enhanced the quality of life for the residents
of Corpus Christi by continually improving infrastructure and providing services in
a cost-effective manner; and
WHEREAS, in honor of Richard E. Martinez;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
Section 1. The name change of the Public Works Department Building #21 to
the Richard E. Martinez Public Works Facility is hereby authorized.
Section 2. This Resolution shall become effective on the date of final City
Council approval.
1
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
2
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v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 11/16/21
1852 Second Reading Ordinance for the City Council Meeting 12/7/21
DATE: October 12, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 3538 Airline Road
CAPTION:
Zoning Case No. 0921-03, MVR Construction Company: (District 5) Ordinance rezoning a
property at or near 3538 Airline Road from the "FR" Farm Rural District to the "RM-3" Multifamily
District.
SUMMARY:
The purpose of the rezoning request is to allow for construction of an apartment complex off of
Airline Road. The area is serviced by Veterans Memorial High School.
BACKGROUND AND FINDINGS:
The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The
subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is a
single-family residence zoned in 2015 to the "RE" Residential Estate District, and the Brighton
Park Baptist Church, which has been zoned "FR" Farm Rural District since the 1995 annexation.
To the south and east is a single-family residence and ranch land zoned "FR" Farm Rural District
in 1995. To the west is Riverstone Apartments, a small apartment complex, zoned "RM-3"
Multifamily Residential District and vacant property zoned "CN-1" Neighborhood Commercial
District. Additionally, to the west is a large single-family subdivision zoned "RS-6" Single-Family
6 District. Located 2,500 feet to the west is the closest high school, Veterans Memorial High
School which is zoned "RS-6" Single-Family 6 District and "FR" Farm Rural District.
Conformity to City Policy
The subject property is located within the boundaries of the Southside Area Development Plan
and is planned for a medium density residential use. The proposed rezoning to the "RM-3"
Multifamily District is generally consistent with the adopted Comprehensive Plan (Plan CC) and
warrants no amendment to the Future Land Use Map
Public Input Process
Number of Notices Mailed
11 within 200-foot notification area
4 outside notification area
As of October 12„ 2021:
I n Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the 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. Denial of the zoning from the "FR" Farm Rural District to the "RM-3" Multifamily District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
The Planning Commission recommended approval of the change of zoning from the "FR" Farm
Rural District to the "RM-3" Multifamily District on September 15, 2021.
Vote Count:
For: 7
Opposed: 0
Absent: 2
Abstai ned: 0
Staff recommends approval of the zoning from the "FR" Farm Rural District to the "RM-3"
Multifamily District.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0921-03, MVR Construction Company: (District 5) Ordinance rezoning a
property at or near 3538 Airline Road from the "FR" Farm Rural District to the "RM-
3" Multifamily 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 property described as being 11 .16 acre tract of land out of Lots 22 and 23, of
Section 20, of the Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume
A, Pages 41-43 of the Maps Records of Nueces County, Texas same 2.49 acre tract
described in a Special Warranty Deed from Pacific Southwest Bank, F.S.B. to Guadalupe
Leon and Wife, Maria Del Carmen Leon, as recorded in document number 749048, Deed
Records of Nueces County, Texas out of a 10.523 Acre tract of land out of Lots 22 and
23 of Section 20, of the Flour Bluff and Encinal Farm and Garden Tracts as record in
Volume A, Pages 41-43 of the Map Records of Nueces County, Texas same 10.523 Acre
tract described in a Special Warranty Deed with Vendor's Lien from Bluebonnet Savings
Bank FSB to Guadalupe Leon and Miguel Leon, dated April 2, 1992, and recorded in
Document No. 799207, of the Official Public Records of Real Property, Nueces County,
Texas said 11.16 acre tract, as shown in Exhibit "A" and Tract 1 in Exhibit "B":
from the "FR" Farm Rural District to the "RM-3" Multifamily District
The subject property is located at or near 3538 Airline Road. Exhibit A, which is the Metes
and Bounds of the subject property with an associated map attached to and incorporated
in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 2 of 6
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 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 6
Exhibit A
DOCK 2000014484 3
MJS.MISC.
VMRRANTY DEED
DATE: APRIL 1 2000
GRANTOR: MIGUEL L. MENDEZ (a/k/a MIGUEL LEON)
GRANTOR'S ADDRESS:
GRANTEE: GUADALUPE LEON
GRANTEE'S ADDRESS: 3622 AIRLINE
CORPUS CHRISTI, TX 78416-5501
CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) and other good
and valuable consideration (cash).
PROPERTY:
ALL OF HIS INTEREST IN AND TO EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES.
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:
Easements, rights-of-way, whether of record or not; all presently
recorded restrictions, reservations, covenants, conditions, oil and
gas leases, mineral severances, and other instruments, other than
liens and conveyances, that affect the property; rights of
adjoining owners in any walls and fences situated on a common
boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; -and encroachments or overlapping of improvements;
taxes for the current year, the payment of which Grantee assumes,
zoning laws, regulations and ordinances of municipal and other
governmental authority, if any, affecting the property.
Grantor, for the consideration and subject to the reservations
from and exceptions to conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to
warrant and forever defend all and singular the property to Grantee
and Grantee's heirs, executors, administrators, successors, and
assigns against every person whomsoever Lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
Page 4 of 6
Exhibit A
EXHIBIT "A"
10.523 acres (458,374.13 square feet) of land out of Lots 22 and 23
of Section 20 of the Flour Bluff and Encinal Farm & Garden Tracts
as recorded in Volume A, Pages 41-43 of the Map Records of Nueces
County, Texas, also being the same tract as described in a
Substitute Trustee's Deed dated April 5, 1988, and recorded in
Volume 2104, Page 301 of the Deed Records of Nueces County, Texas.
Being more fully described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found in the east line of Lot 23
and the west line of Lot 24 for the South corner of this tract from
which the common corner of Lots 23, 24, 25, and 26 of Section 20
bears S 280 24' 48" W - 116.58 feet.
THENCE: N 610 39' 33" W - at 364.60 feet pass a 5/8 inch iron rod
found 0.11 feet left of line, a distance of 685.23 feet in all to
a 3/4 inch iron rod found for the most Southerly West corner of
this tract from which a 5/8 inch iron rod found in the centerline
of Airline Rd. for the common corner of Lots 25 and 26 of Section
20 and Lots 7, and 8 of Section 21 bears N 880 09' 00" W - 28.37
feet and S 010 51' 00" W - 1585.28 feet.
THENCE: N 010 51' 39" E -463.50 feet to a 5/8 inch rod found for
the most Northerly West corner of this tract from which a railroad
spike found in the centerline of Airline Rd. for the common corner
of Lots 11, 12, 21, and 22 of Section 20 bears N 880 09' 00 W -
28.46 feet and N 010 51' 00" E - 902.85 feet.
THENCE: 5 610 37' 13" E - 432.75 feet to a 10 inch creosote post
found for a reentry corner of this tract.
THENCE: N 010 49' 31 E - 280.68 feet to a 5/8 inch rod found for
the most Northerly corner of this tract.
THENCE: S 610 41' 19 E - 585.30 feet to a 5/8 inch iron rod found
in the east line of Lot 23 and the west line of Lot 24, for the
East corner of this tract.
THENCE: S 280 24' 48" W - 666.03 feet to the PLACE OF BEGINNING
and containing 10.523 acres (458,374.13 square feet) of land.
Any pru&kA herr vW rroiick ft SO*Rert<af or Ver
of the described REAL PROPERTY bacwee of Race,Color,
STATE 0€TEM Religion,Sex Handicap,FarnU Status or News]CiNh,is
STi M Of TEU�S 4nvalid and unenforceable under FEDERAL LAW,3'IM
1
hereby &.4
Oda a a3 x:e3nf rra�RLM fp end
Sequence on Lha date and of N"
was duly REGORDED,in the OffKW PAA Raoords 4f
Nueces Cwng,'e es
DocR Zp00014484
R Pages 3
Olfffl'fCf iK Date; 4111MM 3,14:34 PM
WJEGESGUUNTY,TDM filed &Recorded in
official Records of
MECES COUNTY
Page 5 of 6
Exhibit B
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1.t4.
PLANNING COMMISSION FINAL REPORT
Case No. 0921-03
INFOR No. 21ZN1034
Planninq Commission Hearin Date: September 29, 2021
Owner: MVR Construction Company
Applicant: Vahid Nazari
Location Address: 3538 Airline Road
Legal Description: Described as being 11 .16 acre tract of land out of Lots 22
and 23, of Section 20, of the Flour Bluff and Encinal Farm and Garden Tracts,
o as recorded in Volume A, Pages 41-43 of the Maps Records of Nueces County,
a Texas same 2.49 acre tract described in a Special Warranty Deed from Pacific
C Southwest Bank, F.S.B. to Guadalupe Leon and Wife, Maria Del Carmen Leon,
as recorded in document number 749048, Deed Records of Nueces County,
a o Texas out of a 10.523 Acre tract of land out of Lots 22 and 23 of Section 20, of
QM the Flour Bluff and Encinal Farm and Garden Tracts as record in Volume A,
a�
J
Pages 41-43 of the Map Records of Nueces County, Texas same 10.523 Acre
od tract described in a Special Warranty Deed with Vendor's Lien from Bluebonnet
Savings Bank FSB to Guadalupe Leon and Miguel Leon, dated April 2, 1992,
and recorded in Document No. 799207, of the Official Public Records of Real
Property, Nueces County, Texas said 11 .16 acre tract, and located along the
east side of Airline Road, south of Brooke Road (County Road 26A), west of
Rodd Field Road, and north of Slough Road.
From: "FR" Farm Rural District
To: "RM-3" Multifamily District
io Area: 11 .16 acres
Purpose of Request: To allow for the construction of an apartment complex.
Existing Zoning District Existing Future
Land Use Land Use
Site "FR" Farm Rural District Vacant High Density
Residential
Estate
North "RE" Residential Estate and Residential and High Density
u, "FR" Farm Rural District Public Semi- Residential
•E ui Public
Low Density
N High Density
J South "FR" Farm Rural District Residential
iand Residential
Vacant
w East "FR" Farm Rural District Vacant High Density
Residential
"CN-1" Neighborhood Vacant, Estate Medium Density
West Commercial and "RE" Residential, and Single Family
Residential Estate Medium Density Residential
Residential
Staff Report
Page 2
Area Development Plan: The subject property is located within the boundaries
06 u, of the Southside Area Development Plan and is planned for a high-density
M o residential use. The proposed rezoning to the "RM-3" Multifamily District is
_ u generally consistent with the adopted Comprehensive Plan (Plan CC) and does
a o not warrant an amendment to the Future Land Use Map.
Q City Council District: 5
Zoning Violations: None
° Transportation and Circulation: The subject property has approximately 480
feet of street frontage along Airline Road which is designated as an "Al" Minor
° Arterial Street. According to the Urban Transportation Plan, "A1" Minor Arterial
a
N Streets can convey a capacity between 15,000 to 24,000 Average Daily Trips
(ADT). The site is not yet serviced by Corpus Christi Regional Transit Authority.
Street Urban Transportation Proposed Existing Traffic
� � Plan Type Section Section Volume
}' "A1" Minor Arterial 95' ROW 100' ROW 3,331 ADT
C Airline Road Street 64' paved 70' paved (2013)
Staff Summary:
Development Plan: The subject property is 11 .16 acres in size. The applicant is
proposing the construction of an apartment complex.
Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural
District and consists of vacant land. The subject property was zoned "FR" Farm Rural in
1995 at the time of annexation. To the north is a single-family residence zoned in 2015 to
the "RE" Residential Estate District, and the Brighton Park Baptist Church, which has
been zoned "FR" Farm Rural District since the 1995 annexation. To the south and east is
a single-family residence and ranch land zoned "FR" Farm Rural District in 1995. To the
west is Riverstone Apartments, a small apartment complex, zoned "RM-3" Multifamily
Residential District and vacant property zoned "CN-1" Neighborhood Commercial District.
Additionally, to the west is a large single-family subdivision zoned "RS-6" Single-Family
6 District. Located 2,500 feet to the west is the closest high school, Veterans Memorial
High School which is zoned "RS-6" Single-Family 6 District and "FR" Farm Rural District.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is not platted.
Utilities:
Water: 12-inch C900 line located along Airline Road.
Wastewater: 8-inch PVC line located along Airline Road and to the rear.
Gas: 4-inch Service Line located along Airline Road.
Storm Water: 36-inch RCP line located along Airline Road.
Staff Report
Page 3
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Southside Area Development Plan and is planned for a high density
residential use. The proposed rezoning to the "RM-3" Multifamily District is generally
consistent with the adopted Comprehensive Plan (Plan CC) and warrants no amendment
to the Future Land Use Map. The following policies should be considered:
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational needs, and
characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy
Statement 1)
• Encourage residential infill development on vacant lots within or adjacent to existing
neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3)
• Support the separation of high-volume traffic from residential areas or other noise-
sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement
3)
• Encourage direct arterial access for high-density apartments or interior access from a
street designed specifically to collect the apartment traffic and distribute it directly to
an arterial without passing through a lower density residential area. (Future Land Use,
Zoning, and Urban Design Policy Statement 3)
• Encourage convenient access from medium-density residential development to
arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3)
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 does not warrant an
amendment to the Future Land Use Map.
• The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract.
The property has not been developed since annexation in 1995.
• Recent rezonings have occurred to the east to the RM-3 zoning in 2015 and the north
to the "RM-2" Multifamily 2 District in 2015.
• Based on recent zoning changes and existing commercial zoning along Airline Road
(Al Arterial Street) a trend towards commercial development is occurring. Such a
trend is consistent with the goals and policies of the Comprehensive Plan and the
Future Land Use Map (FLUM).
• The "RM-3" Multifamily 3 District allows 36 dwelling units per acre by right. The
maximum density allowed by right based on the acreage is 396 dwelling units.
Planning Commission and Staff Recommendation (September 29, 2021):
Approval of the change of zoning from the "FR" Farm Rural District to the "RM-3"
Multifamily District.
Staff Report
Page 4
Number of Notices Mailed — 11 within 200-foot notification area.
4 outside notification area
As of October 12, 2021:
In Favor — 0 inside notification area
_ — 0 outside notification area
0
In Opposition — 0 inside notification area
— 0 outside notification area
0
z
Totaling 0.00% 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
R -6
RM-2
RM-3
8
RE
6
7
CN-1
11 Fig
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10
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0 t50 50P / Plvpared yp-
Fee i Department of DevePopmen f.Services
Case # 0921-03
ZONING & NOTICE AREA
RM-1 Multifamilyl IL Light Industrial
RM-2 Multifamily2 IH Heavy Indo:trial SU 1 CT 4raa
RM-3 Multifamily 3PUD Planned unit De..0-14PROP
ON Prole ssional Office RS-1R Single-Family 10
RM4T M hifamily AT RS$ Single-Family6
CN-1 Neighb—!,—a Commercial RS-4.55ingle-Family 4.5
CN-2Neighhorhood Commercial R5-TF Two-Family
CR-1 Resort Commercial RS-15 Single-Family 15
CR-2 ResortCommercial RE Residential Estate Co eBay
CG-1 Ge-,a 1.Cammercu l RS-TH Townhouse ;W1A
CG-2 GeneralG—ercel SP Special Pe—it R
GI htens'Me Commerc ial RV Recreational Vehicle Park
CBD Downtown Commercial RMH Manufactured Home
CR-3 Resort Commercial �q
FR Farm Rural
HHisto 0—r y ����....yy11....���� tr
BP Business Park u. �� Br L
Mth 200'b.&, f.— City of
4 0-
220kd x,n vvo m LOCATION MAP -.__, o CC"-
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asa
Zoning Case #0921 -03
MVR Construction Company
Rezoning for a Property at 3538 Airline Road
From "FR" To "RM-3"
T
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City Council
November 16th, 2021
Aerial Overview
a a 1 6R E
M }
SUBJECT
PROPERTY - -
1
crvt i-
�4
Zoning Pattern and Adjacent Development
Buffer Yards:
♦� ;� RM-3 to RE: Type B: 10' & 10 pts.
RM-3 to FR: 2nd property responsible for buffer
yard
Q�
INS
(UDC Point Examples: 6 ft. screening fence,
landscaping, etc.)
3 Setbacks:
Street: 20 feet
Nola Side & Rear: 10 feet
O�J�q Rear:2:1 Setback(height)
SUBJECIr
PnOOPEF.7 7 �� oma Parking:
99�g 0� 1 Bedroom-1.5 spaces/unit
2+ Bedroom-2 spaces/unit
�OOg
d �pq3 1 space/5 units—Visitors
Landscaping, Screening, and Lighting
!�► ��'�. :Oar ��`� Standards
2017 2004
0 0
Uses Allowed: Single-Family Homes,
Duplexes,Apartments, and Day Care Uses.
Land Use
Existing Land Use Future Land Use
`4
suE.lECT�
y
ii//
W/
o _o ws /^?4•=ee��^ :�.��M�mni�Mrys
O Vacant High Density _ Commercial O Low Density Commercial Mixed Use
Residential Residential
0 Low Density Hi h Density
Residential Public/Semi- Drainage Government 0 g Permanent
Public Residential
Open Space
4
Public Notification
11 Notices mailed inside 200' buffer
4 Notices mailed outside 200' buffer
RM-J
Notification Area s R£
Opposed: 0 (0.00%) " ' R
Separate Opposed Owners: 0
SUBJECT
PROPERTY
dF6S
io
O
In Favor: 0 (0.00%) e a
s
Notified property owner's land in square " ' «_P
feet/Total square footage of all property in otl
the notification area
Percentage of public opposition
Planning Commission and Staff
Recommendation
Approval of the
"RM-3" Multifamily District
Utilities
a� � �•, eroo e=wc
Water:
12-inch C900
is
Wastewater:
24-inch PVC
SUBJE 8 Gas:
paop�a� 4-inch Service Line
,8
Storm Water:
36-inch Line
a PVC.
8
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Case # 0927-03
Aerial with Subject Property �
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PROER '
Subject
Property
Ib INFIb*
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Map Scale: 1:2,600 �f' � of
—
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o� A
P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 11/16/21
1852 Second Reading Ordinance for the City Council Meeting 12/7/21
DATE: October 1, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 3942 Cimarron Boulevard
CAPTION:
Zoning Case No. 0921-01, Richard Jurach, Jerry Jurach, Patricia Hunt, and Paula Carter: (District
5) Ordinance rezoning property at or near 3942 Cimarron Boulevard from the "FR" Farm Rural
District to the "RM-2" Multifamily District. (3/4 vote required to approve)
SUMMARY:
The purpose of the rezoning request is to allow for the construction of an apartment complex.
BACKGROUND AND FINDINGS:
The subject property totals 10 acres in size and is currently zoned "FR" Farm Rural District and
consists of vacant land zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is
an apartment complex zoned in 2018 to the "RM-2" Multifamily District. Additionally, to the north
are vacant tracts rezoned in 2015 to the "CN-1" Neighborhood Commercial District and to the
"RM-2" Multifamily District. Located farther to the north across Lipes Boulevard is Veterans
Memorial High School. To the south is the Cimarron Lake Estates Subdivision with a Homeowners
Association (HOA). The subdivision was rezoned in 2004 to the "RS-6" Single-Family 6 District.
To the east is Master Channel 31 which is a drainage right-of-way width of approximately 140 feet
and a depth of 7.21 feet. Across the channel are vacant tracts zoned in 2018 to the "RM-1"
Multifamily 1 District for potential apartment complexes. To the west is Cimarron Boulevard.
Across Cimarron Boulevard are single-family residences (Yorktown Crossing Unit 2 Subdivision)
zoned "RS-6" Single-Family 6 District. The applicant is proposing the construction of a 240-unit
apartment complex. The units are projected to include 12 efficiency apartments, 116 one-
bedroom apartments, 103 two-bedroom apartments, and 9 three-bedroom apartments. The
development also will feature 20 direct-attached garages and 42 breezeway attached garages in
addition to surface parking for tenants and guests. Additionally, the development will include an
amenity center, pool, grille center and dog park.
Conformity to City Policy
The subject property is located within the boundaries of the Southside Area Development Plan
and is planned for a medium density residential use. The proposed rezoning to the "RM-2"
Multifamily District is generally consistent with the adopted Comprehensive Plan (Plan CC) and
warrants an amendment to the Future Land Use Map. The proposed rezoning is generally
consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the
Future Land Use Map compatible with the adjoining properties. The proposed rezoning does not
have a negative impact upon adjacent properties. Recent rezonings have occurred to the north
in 2015 to the "CN-1" Neighborhood Commercial District and to the "RM-2" Multifamily 2 District
in 2018. Most recently to the east rezonings occurred in 2018 to the "RM-1" Multifamily 1 District.
Based on recent zoning changes and existing commercial zoning along Cimarron Boulevard (Al
Arterial Street) a trend towards commercial development is occurring. Such a trend is consistent
with the goals and policies of the Comprehensive Plan. The "RM-2" Multifamily 2 District allows
30 dwelling units per acre by right. The proposed 240 apartment is compatible with the density
requirements of the "RM-2" District.
Public Input Process
Number of Notices Mailed
38 within 200-foot notification area
4 outside notification area
As of September 15, 2021:
I n Favor In Opposition
0 inside notification area 6 inside notification area
0 outside notification area 0 outside notification area
Totaling 6.45% 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. Denial of the zoning from the "FR" Farm Rural District to the "RM-2" Multifamily District.
2. Approval of the rezoning from the "FR" Farm Rural District to the "RM-2" Multifamily
District. (3/4 vote required)
FISCAL IMPACT: There is no fiscal impact associated with this item.
RECOMMENDATION:
The Planning Commission recommended denial of the zoning to the "FR" Farm Rural District to
the"RM-2" Multifamily District but is recommending Approval of"RS-6/SP"Single-Family 6 District
with a Special Permit with subject to conditions on September 15, 2021.
Proposed Special Permit conditions:
1. Uses: The only uses authorized by this Special Permit other than uses permitted in the
base zoning district is a multifamily apartment complex with a density not to exceed 30
dwelling units per acre and consistent with the attached site plan.
2. Setbacks: No structure shall be greater than two stories in elevation within 80-feet of the
southern property line. Any two-story buildings must have a pitched roof with the ridge
extending at least 6 feet above the eave of the roof."
3. Buffer Yard: When adjacent to the "RS-6" Single-Family 6 District, the buffer yard
requirement shall be 10-feet, with the required points and screening fence satisfied by
including a row of canopy trees with a minimum caliper size of 2.5 inches every 30 linear
feet and a 7-foot-tall screening fence or a 6-foot-tall masonry wall.
4. Lighting: All lighting must adhere to the standards set in the Unified Development Code
(UDC).
5. Dumpster: No dumpster shall be placed within 80-feet of the southern property line.
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 approval of the "RS-6/SP" Single-Family 6 District with a Special Permit.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0921-01, Richard Jurach, Jerry Jurach, Patricia Hunt, and Paula Carter:
(District 5) Ordinance rezoning property at or near 3942 Cimarron Boulevard from
the "FR" Farm Rural District to the "RM-2" Multifamily 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 property described as being 10 acres out of Lots 1 & 2, Section 21 , Flour Bluff
and Encinal Farm and Garden Tracts, a subdivision of Nueces County, Texas, as
recorded in the County Map Records in Volume A, Page 43, as shown in Exhibit "K.-
from the "FR" Farm Rural District to the "RM-2" Multifamily District
The subject property is located at or near 3942 Cimarron Boulevard. Exhibit A, which is
the Metes and Bounds of the subject property with an associated map attached to and
incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 2 of 6
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 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 6
Exhibit A
URBAN
ENGINEERING Job No.43 239.01.02
October 6,2021
Exhibit A
10.12 Acre Tract
STATE OF TE -AS
C:OL]]Tl OF) ACES
Fieldnotes,for a 10.12 Acre Tract of Laud out of Lots 1 and 2_ Section 21_ Flour 131tff& Encinal
Faun & Garden Tract, a map of which is recorded in Vohtnbe A, Pages 41-43, Map Records of Nueces
['aunty.Texas,being the same 10.00 Acre Tract(Undi-Oded 1..+4)as described in a Special Warranty Deed
em Jtuach to Paula K Jatngan recorded mDxtuuent No. 200000924?, Official Public
from Maaij
Records of Mwees C'oimtv. Texassaid 10.00 Acre Tract as described m a Special Wanmty Deed from
arijean Jiit-ach to Patricia J. Hun't, recorded in Document No. 200400924-6, of the said Official Public
Records,said 10.00 Acre Tract as described in a Special Warranty Deed from Marijean Jutach,to Richard
K Jurach,recorded m Document Na_ 2000002504, of the said Official Public Records and the said 10.00
Acre Tract as described in a Special Warranty Deed from Mweau Jurach-to JmT B. Juaach HL recorded
in Document No. 2000009245,of the said Official Public Records; said 14.12 Acre Tract berg more fatly
described by metes and bounds as follows:
Beginning. at a 5!S Inch Iran Rod ix ith fed plastic cap stautped"USAN ENGR C'CT "Found,on
the Northwest boundary; line of a 10.031 Acre Tract as described in a Warranty Deed from George T.
Smith and Faye Keith Smith to Staples De-velopment,LLC_recorded in Document No. 2005032049,of the
said Official Public Records,being the South corner of Lot 1,Block 1_ Cimarron Acres,a map of which is
recorded in Volume 69,Page 120_of the said Map Records_for the East corner of this Tract, from Whence
a 518 Inch Iron Rod with red plastic cap stan4W -LURBAN ENGR C'CTX-FowA for the East corner of
the said Lot 1-Black 1.bears North 2S°37'23"East,330.00 Feet.
Thence_ South 28°37'23" West, with the Northwest boundary line of the said 10.031 acre Tract.
334.89 Feet, to the conrrnon coiner of the said 10.031 Acre Tract, Lot 14B, Section 21. Flour Bluff&
Encinal Farre & Garden Tracts_ a map of which is recorded in Volimle 37, Page 164, of the said\rfap
Records,Lot 15A,Section 21.Flour B1tff&Encinal Farm&Garden Tracts,a map of which is recorded in
Vohuue 50,Page 28,of the said Map Records and far the South corner of this Tract:.
Thence_ North 61°17'05" West_ with the c'7ntfnrm boundary line of the said Lot 15A and the said
Cimarron Lake Estates. at 171.14 Feet pass a 513 Iron Rod with plastic cap stamped -WAIS.N=
ENGLYEERIN(Y Fo13nd, at 1051.22 Feet pass a 5�'3 Lron Rod with plastic cap stamped -`NAISX=
ENGINEERIN(Y Found,at 1246.32 Feet 0.36 Feet Left,a 5,'S Inch Iran Found(Leaning)for reference. in
all 1320.00 Feet, for the commm comer of Lots 8 and 9, Section 10_ of the said Flom Bluff& F acival
Farm&Garden Tract and.Lots 1 and 16,of the said Section 21-for the West comer of this Tract-,
Thence_ North 23°3723" Fest_ with the commorn bouudan-line of the said Lots 8 and 9_ Section
10 and the said Lots 1 and 16, Section 21,332.77 Feet, to the North corner of this Tract;
':U3rbanfs03'YDaca�,5urueymr.132241�.CIOY-=CF,2p E.T£S.4ND BOUNTSTN43229C102_10.12A€_202110,M.Dac Page I of l
OFFICE:(361)854•-3101 2725 SWAY=DK*CORPUS CHRIS-11.TSS 78404 F. (361)854-6001
R'4:W 1n DaEWJ7E.00M
TBPE Firm�145*TBPLS Firm�10032400
Page 4 of 6
Thence. South 61°22'37°' East, with the Southwest bcmndatry lime of the said Lot 1, Block 1, at
64.23 Feet pass a M Inch Iron Rod iirith red,plastic cap stamped`URBAN ENGR CCTX'Found, on the
said Right-of-Way, for the West coiutr of the said Lot 1, Bloch 1, in all 1320.00 Feet, to the Point of
Beginning,containing 10.12 Acres(44-0,655 Sq_Ft.)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1953,
Texas South Zone 4205-and are based on the North American Datum of 1953(2011)Epoch 2010.00.
10.12 Acre Tract is located within the City limits of Corpus Cbristi4 Texas and a subdi-%isian based
on thin description may be in violation of the current City of Carpus Christi subdivision ordiryance-
10.12 Acre Tract includes portions of a dedicated Right-of-Way for the public roadway commonly.
called Cimarron Boule%wd.
Unless this fieldnote description,including preamble, seal and signatrue, appear- in its eatirety-, in
its original farm nwveyoi assiunes no responsit4lity for its accuracy.
Aho reference a compgnytngsketch of Tract desen bed herein.
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Lieeme No. 6839
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Page 5 of 6
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Page 6 of 6
Case No. 0921-01, Richard Jurach, Jerry Jurach, Patricia Hunt, and Paula Carter:
(District 5) Ordinance rezoning property at or near 3942 Cimarron Boulevard from
the "FR" Farm Rural 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 property described as being 10 acres out of Lots 1 & 2, Section 21 , Flour Bluff
and Encinal Farm and Garden Tracts, a subdivision of Nueces County, Texas, as
recorded in the County Map Records in Volume A, Page 43, as shown in Exhibit "K.-
from the "FR" Farm Rural District to the "RS-6/SP" Single-Family 6 District with a Special
Permit
The subject property is located at or near 3942 Cimarron Boulevard. Exhibit A, which is
the Metes and Bounds of the subject property with an associated map attached to and
incorporated in this ordinance.
SECTION 2. The 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 a multifamily apartment complex with a density not to
exceed 30 dwelling units per acre and consistent with the attached site plan.
2. Setbacks: No structure shall be greater than two stories in elevation within 80-feet
of the southern property line. Any two-story buildings must have a pitched roof with
the ridge extending at least 6 feet above the eave of the roof."
3. Buffer Yard: When adjacent to the "RS-6" Single-Family 6 District, the buffer yard
requirement shall be 10-feet, with the required points and screening fence satisfied
by including a row of canopy trees with a minimum caliper size of 2.5 inches every
30 linear feet and a 7-foot-tall screening fence or a 6-foot-tall masonry wall.
4. Lighting: All lighting must adhere to the standards set in the Unified Development
Code (UDC).
5. Dumpster: No dumpster shall be placed within 80-feet of the southern property
line.
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 7
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 7
Exhibit A
URBAN
ENGINEERING Job No.43_''9.C'1.02
October 6_'421
Exhibit A
10.12 Acre Tract
STATE OF TELAS
C:OL-_NM'OF N-L EC:ES
Fieldnotes,for a 10.12 Acre Tract of Land out of Lots 1 and I. Section 21-' Flom Bluff& Encinal
Farm & Garden Tract, a map of which is recorded in Vohmne A, Pages 41-43, Map Records of Nueces
C'o1mry,Texas.being the same 10.00 Acre Tract(Undivided 1:4)as described in a Special Warranty Deed
from &1anjean Ruach to Paula K. Jars+ + recorded m Dociunemt No. 20100009247_ official'Public
Records ofNiwees C'olmty, Texas, said 10.00 acre Tract as described in a Special Warranty Deed from
Marijean htrach to Patricia J. Hunt, recorded in Document No- _M00009_146, of the said Official Public
Records, said 10.00 Acre Tract as described in a Special Walranty Deed from Manj can Jurach,to Richard
K Jurack recorded rn Document No_ 20010002504, of the said Official Public Records and the said 10.00
Acne Tract as described in a Special Wari•anty Deed from Mariaean Juracl�to Jerry B.Jutach IIL recorded
in Document No. 2000009245,of the said Official Public Records; said 10.12 Acre Tract being more(ally
described by metes and bounds as follows:
Beginning,at a 51,'S Inch Iron Rod with red plastic cap stamped"URBAN ENCiR C'CTX"Found,on
the Northwest boundary; line of a 10.031 Acre Tract as described in a Warranty Deed from George T.
Smith and Faye Keith Smith to Staples De�.Aopment_L.LC_recorded in Dacimient No. 20015032049,of the
said Official Public Records,being the South comer of Lot L Block 1_ Cimarron Ames,a map of which is
recorded in Vohime 69_Page 120,of the said Map Records_for the East coiner of this Tract_ from Whence
a 51 Inch Iron Rod with red plastic cap stamped "URBAN EIwGR CCTY_ _Foimd, for the East corner of
the said Lot 1_Block 1_bears North 28°3^'23"East_330.010 Feet_
Thence, South 28°37'23" West-. with the Northwest boundary;line of the said 10.031 acre Tract.
334.89 Feet, to the conmmn coiner of the said 101.031 Acre Tract_ Lor 14B, Section 21_ Flour Bluff&
Encinal Farm & Garden Tracts_ a map of which is recorded in Volimie 37, Page 164, of the said Map
Records,Lot 15A,Section 21_Flour Bli ff&Encina1 Farm&Garden Tracts,a map of which is recorded in
Volume 50, Page 28,of the said Map Records and for the South corner of this Tract:.
Thence_ North 61°1'705" Voest_ with the common boundary line of the said Lot 15A and the said
C'imamm Lake Estates, at 771.14 Feet pass a 5,-S Tion Rod with plastic cap stamped `NAISN=
FNGLiVEERlNG" Foimd, at 105122 Feet pass a 5?'S Iron Rod with plastic cap stamped -NAIS"v=
:ENGINEERING"Found;at 1246.32 Feet, 0.36 Feet Left,a 5..'S Inch Iran Found(Leaning)for reference;in
all 1320.00 Feet, for the cam comer of Lots 8 and 9, Section 10_ of the said Flour Bluff& Encinal
Farm&Crardem Tract and Lots 1 aad 16,of the said Section 21_for the W"est corner ofthis Tract;
Thence_ North 28°37'23" Fest, with the comae m boundary lime of the said Lots 8 and 9, Section
10 and the said Lots 1 and 16, Section 21,332.77 Feet;to the Noah comer of this Tract;
'i Urbanfs03'Daca,Surveving43224'.0 101DOMCENETES AND SOUNDS FN43229C102_10.12Ac_202 1100b.Doc PapE 1 of 1
OFFICE:(361)854-3101 2725 SWAIM ER DR.*CORPUS CHRIM.TEXAS 78404 FAX(361)8545001
IA u IUi DMMELCom
=Firm s 145*TBPLS Firm#10032400
Page 4 of 7
Thence, South 61°22'37" East, with the &outhnest boundary line of the said Lot 1, Block 1, at
64.23 Feet pass a 5l8 Each Iron Rod with red plastic cap stamped"URBAN ENGR CCTJC-Found, on the
said Right-of-Way, for the West comer of the said Lot 1, Block 1, in all 1320-00 Feet, to the Point of
Beginning,containing 10.12 A n-s(440,658 Sq_Ft.)of Land,more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordmane System of 1983,
Texas South Zone 4205,and are bused on the North American Datum of 1983(201 1)Epoch 2010.00.
10.12 Acre Tract is located within the City limits of Corpus C.'htisti Texas and a subdi-t cion based
on this desenption may be m violation ofthe current City of Corpus Christi subdi-vision ordinance-
10-12 Acre Tact includes portions of a dedicated Right-of-Way for the public roadway cemnumly
called CimaaonB nile%ard.
Unless this fieldnote desrripticFq iuchuling preamble, seal and signature, appears in its entirety, in
As ongin l fes E sur%,e5ror assumes no responsibility for its accuracy.
Also reference accompanying sketch of Tract descnbed herein.
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OFFICE:(361)854-3101 M5 SaGANTNF-R DR-*CORPUS=M.TEXAS 78404 FAX(361)&54— l
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Page 5 of 7
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Page 7 of 7
PLANNING COMMISSION FINAL REPORT
Case No. 0921-01
INFOR No. 21ZN1032
Planninq Commission Hearin Date: September 15, 2021
Owner: Richard Jurach, Jerry Jurach, Patricia Hunt and Paula Carter
Applicant: Richard Jurach, Jerry Jurach, Patricia Hunt and Paula Carter
�a o Location Address: 3942 Cimarron Boulevard
u Legal Description: 10 acres out of Lots 1 & 2, Section 21, Flour Bluff and
a u Encinal Farm and Garden Tracts, a subdivision of Nueces County, Texas, as
0_06 o recorded in the County Map Records in Volume A, Page 43, located along the
east side of Cimarron Boulevard, south of Lipes Boulevard, and north of
Yorktown Boulevard
From: "FR" Farm Rural District
To: "RM-2" Multifamily District
io Area: 10 acres
Purpose of Request: To allow for the construction of an apartment complex.
Existing Zoning District Existing Future
Land Use Land Use
Site "FR" Farm Rural District Vacant Medium Density
Residential
.E ? North "RM-2" Multifamily District High Density High Density
Residential Residential
0
NLow Density Medium Density
JSouth "RS-6" Single-Family 6 District Residential Residential
TMedium Density
w East "RM-1" Multifamily District Vacant Residential
West "RS-6" Single-Family 6 District Low Density High Density
Residential Residential
Area Development Plan: The subject property is located within the boundaries
06 u, of the Southside Area Development Plan and is planned for a medium density
M o residential use. The proposed rezoning to the "RM-2" Multifamily District is
_ a generally consistent with the adopted Comprehensive Plan (Plan CC) and
a o warrants an amendment to the Future Land Use Map.
Q City Council District: 5
Zoning Violations: None
Transportation and Circulation: The subject property has approximately 330
feet of street frontage along Cimarron Boulevard which is designated as an "Al"
Minor Arterial Street. According to the Urban Transportation Plan, "Al" Minor
0 Arterial Streets can convey a capacity between 15,000 to 24,000 Average Daily
a
N Trips (ADT). The site is serviced by Route 26 of the Corpus Christi Regional
L
Transit Authority. The closes bus stop is 1 ,300 feet to the north in front of
Veterans Memorial High School.
Staff Report
Page 2
Street Urban Transportation Proposed Existing Traffic
� Plan Type Section Section Volume
" O Cimarron "A1" Minor Arterial 95' ROW 105' ROW 12,535
Boulevard Street 64' paved 64' paved ADT (2016)
Staff Summary:
Development Plan: The subject property is 10 acres in size. The applicant is proposing
the construction of a 240-unit apartment complex. The units are projected to include 12
efficiency apartments, 116 one-bedroom apartments, 103 two-bedroom apartments, and
9 three-bedroom apartments. The development also will feature 20 direct-attached
garages and 42 breezeway attached garages in addition to surface parking for tenants
and guests. Additionally, the development will include an amenity center, pool, grille
center and dog park.
Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural
District and consists of vacant land. The subject property was zoned "FR" Farm Rural in
1995 at the time of annexation. To the north is an apartment complex zoned in 2018 to
the "RM-2" Multifamily District. Additionally, to the north are vacant tracts rezoned in 2015
to the "CN-1" Neighborhood Commercial District and to the "RM-2" Multifamily District.
Located farther to the north across Lipes Boulevard is Veterans Memorial High School.
To the south is the Cimarron Lake Estates Subdivision with a Home Owners Association
(HOA). The subdivision was rezoned in 2004 to the "RS-6" Single-Family 6 District. To
the east is Master Channel 31 which is a drainage right-of-way width of approximately
140 feet and a depth of 7.21 feet. Across the channel are vacant tracts zoned in 2018 to
the "RM-1" Multifamily 1 District for potential apartment complexes. To the west is
Cimarron Boulevard. Across Cimarron Boulevard are single-family residences (Yorktown
Crossing Unit 2 Subdivision) zoned "RS-6" Single-Family 6 District.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is not platted.
Utilities:
Water: 8-inch PVC line located along Cimarron Boulevard.
Wastewater: 24-inch PVC line located along Cimarron Boulevard.
Gas: 2-inch Service Line located along Cimarron Boulevard.
Storm Water: 36-inch line located along Cimarron Boulevard.
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Southside Area Development Plan and is planned for a medium
density residential use. The proposed rezoning to the "RM-2" Multifamily 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:
• 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
Staff Report
Page 3
characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy
Statement 1)
• Encourage residential infill development on vacant lots within or adjacent to existing
neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3)
• Support the separation of high-volume traffic from residential areas or other noise-
sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement
3)
• Encourage direct arterial access for high-density apartments or interior access from a
street designed specifically to collect the apartment traffic and distribute it directly to
an arterial without passing through a lower density residential area. (Future Land Use,
Zoning, and Urban Design Policy Statement 3)
• Encourage convenient access from medium-density residential development to
arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3)
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.
• The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract.
The property has not been developed since annexation in 1995.
• Recent rezonings have occurred to the north in 2015 to the "CN-1" Neighborhood
Commercial District and to the "RM-2" Multifamily 2 District in 2018. Most recently to
the east rezonings occurred in 2018 to the "RM-1" Multifamily 1 District.
• Based on recent zoning changes and existing commercial zoning along Cimarron
Boulevard (Al Arterial Street) a trend towards commercial development is occurring.
Such a trend is consistent with the goals and policies of the Comprehensive Plan. Infill
of remaining adjacent "FR" Farm Rural Tracts will be addressed by future rezonings
and may generate further amendment of the Future Land Use Map.
• The "RM-2" Multifamily 2 District allows 30 dwelling units per acre by right. The
proposed 240 apartment is compatible with the density requirements of the "RM-2"
District. The maximum density allowed by right based on the acreage is 300 dwelling
units.
• Due to the adjacency of a master channel, no buffer yard would be required to the
east.
• Based on the submitted site plan, 446 parking spaces are required based on the
number of apartment units. 469 parking spaces will be provided.
Planning Commission and Staff Recommendation (September 15, 2021):
Denial of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily
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 a multifamily apartment complex with a density not to
exceed 30 dwelling units per acre and consistent with the attached site plan.
Staff Report
Page 4
2. Setbacks: No structure shall be greater than two stories in elevation within 80-feet
of the southern property line. Any two-story buildings must have a pitched roof with
the ridge extending at least 6 feet above the eave of the roof."
3. Buffer Yard: When adjacent to the "RS-6" Single-Family 6 District, the buffer yard
requirement shall be 10-feet, with the required points and screening fence satisfied
by including a row of canopy trees with a minimum caliper size of 2.5 inches every
30 linear feet and a 7-foot-tall screening fence or a 6-foot-tall masonry wall.
4. Lighting: All lighting must adhere to the standards set in the Unified Development
Code (UDC).
5. Dumpster: No dumpster shall be placed within 80-feet of the southern property
line.
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 — 38 within 200-foot notification area.
4 outside notification area
As of September 10, 2021:
In Favor — 0 inside notification area
_ — 0 outside notification area
0
In Opposition — 6 inside notification area
— 0 outside notification area
0
Z
Totaling 6.45% 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
N.1 CN-1 FR
RM-2
3834 FR
20
9
-6 13
8 19
18 0 R N1-,2
0 3
11
31
33
17 14 30 SUBJECT
31 6 PROPERTY
a 26 M-1
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Case # 0921-01
ZONING & NOTICE AREA
RM-1 Multifamllyl IL Light Industrial
RM-2 Multifam Ily 2 IH Heavy Indrnatrial SUBJECT RRA
RM-3 Mu.Hifam lly3 PUO Planned Unit lk-Overlay __
ON Profe ssional Ohne APER
RS-19 Single-Family 1g
RM-AT Multifamily 0.T R5-6 Singk�FamllyS
CN-1 Neighborhood Commercial R5-4.5 Single-Fain lly 4.5
CN-2 Neigh boyhood Commercial RS-TF Two-Family
CR-1 Resort Com memial RS-15 Single Femily 15
CR-2 Res art Cam me mial RE Reside niial Es}ate
CG1 Ge neralC om m ercial RS-TH Townhouse �� eo ~r`♦o,�
CG-2 GeneralCammerccl. SR Special Pem'R
Cl
Ffte-sh Commemial Ry Rec—t —1 Yehick Park
CBR R- rt C nCommeiclal
RMH Manufactured Home
CRS Resort .omme rcial
FR Farm Rural � +-y
H Hktoric Ove rlay { R''i,� �10
BP Business Park
T w+r
Ah 200'buNer laver �__T__ —__'.. �•7 of
1° e � X� LOCATION c h
Staff Report
Page
Staff Report
Page 7
-
--_._ regi Pd `n ,; a
arsons with dis:,�dities planning to Ott,- �' - meeting, who may require special services. are
e Developmer Services Department at ..+ 48 hours in advance at(361)626-3240.Personas
ie haue re_Wier n ggrvicios esrg!A11se les¢uirliCa aue cert,y§�I- �
! ntes de Ilgii to tlamarttta at deoartar. 1P servers de Jesarrollo al n'ms 1 4Z4Q.
if you wish to address the Commis :our English is limited,please call the development
Services Department at(361)826 ',ce to request an inter-weter be Pres.: during the
meetin 5! ted darn, ., ::irt du' 1
Tia' at
9 �� ' _ ar
Spartamenty de seryi _de desai im l � Vii„L
tin,irrt@roreter txesente urante la 1t
CITY PLANNING COMMISSION
PUBLIC NEARING NOTICE
Rezoning Case No. 0921-01
Richard Jurach Jerry Jurach Patricia Hunt and Paula Cartier have,petitioned the City of Corpus Christi
to consider a change of zoning from the "_FR" Farm Rural piLstrict to the "RM-2" Multifamily District
resulting in a change to the Future Land Use MThe property to be rezoned is described as.
Located at or near 3942 Cimarron Boulevard and described as being 10 acres out of Lots 1 S 2,
Section 21,Flour Stuff and Encinal Farm and Garden Tracts,a subdivision of Nusi County,Texas,
as mcorded in the County Map Records in Volume A. Page 43, located along the east side of
Cimarron Boulevard,south of Llpes Boulevard,and north of Yorktown Boulevard
The Planning Commission may recommend to City Council approval or dental,or approval of an intermeaiate
zoning classrfication andfor Special Permit Approval of a change of zoning, H inconsistent with the Cry's
Comprehensive Plan.will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning- The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council The public hearing will be held on Wednesday,WLOMber
5, 2021,during one of the Planning Commission's regular meetings,which begins at 5:30 a.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 TEAS FOIW MUST RF FI t Ed OUT,SIGNED BY fiHE CURRENT PRUPLp�T u'u`.TIE?,5,a�}MAULED
M ITS ENTIRETY TO THE DEVELOPM!". VICES DEPARTMENT.P U BOX 927 . CORPUS CHRISTI,TEXAS 78469-
9277 ANY INFORMATION PROVIDED Elf s-COMES PUBLIC RECORD
NOTE: In accordisms with the Plannins ��iii.:tils9ion By-Laws,no d,sru�sian shall be bald by a anembar or members of
this pornmaraion wkth an apptkant or appoliant conceming an application or appeal,either at home or offiica,or in person,
by tetephona sad or by Istter.
Printed Name: A-Z,i A
Address r Ivl n��[ r _City/State L► —C-4" - P4►Y
( ) IN FAVOR IVIN OPPOSITION Phone:
REASON:
Cage Na D921-01
SEE MAP ON REVERSE SIDE / Dimn
tNrOR Caw No 21ZNI 32 Email WnaQar Andrew LSgM
Property Owns+IF]�1-g Email Martud7L r__ __�I®rias cam®Kis care
Staff Report
Page 8
F
ns with disabilities planning to attend this meebrig,who may require special services,are requested to contact
evelopment Services Department at least 48 hours in advance at(361)828-3240 P@rag4,as can xncaoacidadeg,
@nenlaintencron dp_a5rsbr a seta junta �gu�requi�n senrit�os erg tides.sa les „plica oue den avir:a 48s sMIg dt ka junta Ilamando al daoartamento de serviclos de desarroilo,al nilmarcr f3l3IL 28 fr-324D
If you wish to address ttre Commission during the meeting and your English is limited, please call the Development
Services Department at 1.381)826-3240 at least 48 hours in advance to request an interpreter be present during the
meeting Sl usteddesea clirigir a,y,,1�-,-, mrr�ssion durante la iunta__�Ljsu 1raj�s @5 41mitado or dp 110mar al
departamento de servipios de desarrollo al nUrnero(381).�26.3240 el.Reno$48 horas antes e i? unL to Ra_r,aj, icitar
un Int�rprete ser Giese '�- ��ante 9a junta,
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0921-01
Richard Jurach, Jerry Jurach,Patricia Bunt and Paula Carter have petitioned the City of Corpus Christi
Iu zonslde- a change nt znnr+q `r;7m the "FR" Farm Rural District to the "RfWI-2" Multifamily District
resulting in a change to the Future Land Use Map.The property to be rezoned rs descnbed as
Located at or near 3942 Cimarron Boulevard and described as being 10 acres out of Lots 1 & 2,
Section 21, Flour Bluff and Encinal Farm and Garden Tracts,a subdivision of Nueces County,Texas.
as recorded in the County Map Records in Volume A, Page 43, located along the oast side of
Cimarron Boulevard, south of Lipes Boulevard,and north of Yorktown Boulevard
The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate
zoning classification and/or Special Permit. Approval of a change of zoning if inconsistent with the City's
Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning. The Planning Commission wril conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council The public heanng witl be held on Wednesday,September
16,2021"
6,2021,dunng one of the Planning Commission's regular meetings,which begins at 5:30 .m-,in the City
Countal Chambers 1201 Leopard Street You are invited to attend this public hearing to express your views
on this rezoning request. For more information, please call (361)826-3240.
TO BE6 RECORI].Till$-r6RLt WUS 6FILLEEI of lT, SIGNED By THE CURRENT PROPERTY OVVNNER(S)AND MA1EO
IN ITS ENTIRETY TO THE DEVELOPtNENT SERVICES DFPARTMFNT P p flex 9277,CORPUS CHRISTI,TExAS 78469•
9277 ANY INFORMATION PROV'CIED SELU'Iv BECOMES PUBLIC REC:URU.
NOTE; in accerdante with the Planning Commission By-Laws, no discussion$hall be held by a member or members of
this Cammierion with on applicant or appellant concerning an application or appeal,either at home or office,or in person,
by telephone call or by letter.
Printed Name: G t V1
Address 40 b T ev,uA dA 0 c d'k e_ CitylStaw
4 ? IN FAVOR (),,}O'N OPPOSITION Phone -
REASON.
L___ � Iv^
useVVV
SEE MAP OrY REVERSE SIDE Carie No 0921.01
WOR Case No 2tZN1032 ProleIX Manager Ar•arew 1rm as
PW" nor 10 15 Email.ArPLr �,L,4 •__^ex�_s_,__r.
Staff Report
Page 9
Persons with dtss jilities planning to attend this meeting, who may require special Services,are requested to Ccrt �4::!
the Oevelopmer Services Department at least 48 hours in advance at(361)826-3240 Personas con
gue ttenen la interl de asistir a s un y sue r uieren seryicios esaeciales. su l' ue vi 4
floras antes de la ill ltamando at deenta de servrceo$de desarrollp ad numerca[31,€11826-3244
N you wish to address the Commission during the meeting and your English Is lirroted, please call the Development
Services Department at(381)825.3240 at least 48 hours in advance to request an interpreter be present during the
meeting 5i u�Ao dgWa dinairse a Wa commission dWrante la junta y Au inaft es Irmitada, favor de hamar at
�deoartarrten 5 r Inti 3240 al risen oras antes de la Unto ra Iicitar
un int6rorete ser pMtnLq dUraft l Ill
_ .. _......__ .--._.
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0921-01
Richard Jurach,Jerry Jurach, Patricia Hunt and Paula Carter have petitioned the City of Corpus Christi
to consider a change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily District
resulting in a change to the Future Land Use Map. The property to be rezoned is described as.
Located at or near 3942 Cimarron Boulevard and described as being 10 acres out of Lots 1 S 2,
Section 21,Flour Bluff and Encinal Farm and Garden Tracts,a subdivision of Nueces County,Texas,
as recorded in the County Map Records in Volume A, Page 43, located along the east side of
Cimarron Boulevard,south of Lipes Boulevard, and north of Yorktown Boulevard
The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate
zoning classthution 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 Comprehensive Plan to reflect the approved
zoning. The PlanningCommission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council The public hearing will be held on Wednesday,September
15,2021,during one of the Planning Commission s regular meetings, which begins at 5:30_o.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 (381)828-3240.
TO SE-ON RFCORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED
IN ITS ENI IRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277,CORPUS CHRISTI,TEXAS 7869-
9277 ANY INFO RfwfATION P'HOViDLD BELOW BECOMES PUBLIC RECORD
NOTE: In accordance with the Planning Commission Ill 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 parson,
by telephone call or by letter.
Pnnted Name.�rn ..,_. rrewn tT�A + ��wuan
Address: lflrllln�(R 6".,A citylstate. L�►Ifwt G►l
( ) IN FAVOR IN OPPOSITION Phone: ,a:,293-1y b'7
VV
REASON' ;rrti •F M�I �"{•awcy
Tor t�fvc Ott otlGGl��
J ,
An't-11
SEE MAP ON RE VF RSE s E Case No 09h21.01
INFDR Cage No 21ZN1032 P rii�e-ct MAnarger Andruw D"n.as
PrOPerty Owner ID 21 r•n:,il
Staff Report
Page 10
Persons with disabilities planning to attend this meeting, who may q require special services,
P 9 9• Y� are requested ID contact
the Devekrpment Services Department at least 48 hours in advance at(361)826-3240 Personas can incappcidades.
tienen la intenclbn Ste @jijjjr&Roa ignt@u Myieren servicios a i t las su lica clue den avi§o 4
bQras antes de la junta Itamando at depart@meIto de servims de desarrollo,gi nom'MeM� 61 826-324(1
If you wish to address the Commission during the meeting and your English is limited, please call the Development
Services Department at(361)826.3240 at least 48 hours in advance to request an interpreter be present during the
meeting. Si usted desea dingirse a is COmmiSsion ciu(-ante..la Junta v_su inglA gs limitado, favor de hamar al
dMRarroento da servicios de desarrolly al r :f 1 aI meno •.' h n s de la junta Dara sollcstar
un rnt6Mrete s4r presente._du—Tante''a-unta
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 09211-01
[chard Juracf7 Jerry Jurach. Patric la Fount and Paula Carter nave petitioned the City of Corpus Christi
to consider a change of zumri) Irci-- the "FIR" Farm Rural District to 'he "RSA-2" Multifamily Distract,
resultina in a change to the Future Land Use Map. T he property to be rP70nc±d is des:rlbec as
Located at or near 3942 Cimarron Boulevard and described as being 10 acres out of Lots 1 & 2,
Section 21,f=lour Bluff and Encinal Farm and Garden Tracts,a subdivision of Nueces County,Texas,
as recorded in the County Map Records in Volume A, Page 43, located along the east side of
Cimarron Boulevard, south of Lipes Boulevard, and north of Yorktown Boulevard
The PSannmg Ccrnmission may recommend to City Council approval or denial,or approval of an Intermediate
zoning classification and/or Special Permit Approval of a change of zoning if inconsistent with the City's
Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning The Planning Commission will conduct a public heanng for this rezoning request to discuss and
formulate a recommendation to the City Council. The public hearing will tae held on Wednesday,Se tember
15,2021, during one of the Planning.Commissions regular meetings..which begins at 6:301p.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 13L FILLED OUT,Sk*tb BY THE CURRENT PROPERTY OWNER{S)AND MkI-CO
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277 CORPUS CHRISTI,TEXAS 78469-
9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD
NOTE. In accordance with the Planning Commission By-laws,no discussion shall behold 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 Fe t Y i r^-[nn ,M e,r .P-Z- Z- --
Address��-3t r City°J."itate: tT �+ iW r
( ) IN FAVOR }IN OPPOSITION Phone: ��[ - ����� 92-6
REASON F r y f
YeGrParfe i� vwlt,� � 1"� Y`'' Y j�•'� Pr`�y
�
� r,,��c y FA,�,`f� �I�P 1, f•�
co ripl e-A. N�i3� cotnc�rft.
ignaturip
SP6 MAF'ON REVERSE Sinn Daae No 0921.01
iNFrJR Case No 21ZN1032 project Manager Andrew Dimas
Property owner in 24 Email Aiidrew(39Qgtexas corn
Staff Report
Page 11
Persons with dtsabilitieS planning to attend this rt't bng q,,tc 11)ay tequjre specia,serv`tiUs_ are requested to cor)t,i,
the Development Services Department at least 48 hours in advance at(361)826-3240, PeWpas ccl inr R7
PP.
Sta junta y gah4r$s antes de la junta Ifs .p, r
irrollo all it ro 36U -_324,
It you wish to address the Commission during the ineeting and your English is limited please calf the Uevelcil
Services Department at(361)826-3240 at ll 48 hours in advance to request an interpreter be present during tt
meeting Si usted-4tsea diriairse a la commineynn f'11r2nf§Lk_j"n y su iMI65
499artp Ar �
,Mgnt -L3611826-3240 a' nono$48 horse antes de la junta para
uri intg�%Mjg-�11 rite durance Ig Junta
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0921-01
Richard Jurach,JoMi Jurach, Patricia Hunt and Paula Carter have petitioned the City of Corpus Christi
to consider a change of zoning tram t-e -'FR" Farm Rural Oistrict to 'he "RM-2" Multifamily Disrict
resullinLin a change to the Future Land Use MaD T,)e proner-ry,,- tee rezored is desort-el a-:�
Located at or near 3942 Cimarron Boulevard and described as being 10 acres out of Lots I & 2.
Section 21, Flout Bluff and Encinal Farim and Garden Tracts,a subdivision of Nueces County,Texas,
as recorded in the County Map Records in Volume A, Page 43, located along the cast side of
Cimarron Boulevard, south of Lipes Boulevard,and north of Yorktown Boulevard
The Planning C c)n-Mi sslon may recorrner d to City Council approval or denial,or approval of an intermediate
zoning classification and/or Special Permit Approval of a change of zoning, it inconsistent with the City's
Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved
zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council,The public hearing will be held on Wednesday.Sogtember
15,2031.during one of the Planning Commission's regular meetings,which begins at ILI0 a.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 lVl FILLd t7 pt1T.SldWE—Day TME CURRENT PROPERIY76VWSIER[S;AND MAILED
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMEN7, P 0 BOX 9277, 'ORPUS CHRISTI, TEXAS 78469-
927-7 ANY INFORMATION PROVIDID BELOW BFCOMES PUBLIC RF ORD.
NOTE: In accordance with the Planning Commission BV-Laws, no discussion shall be he?d by a member or members of
this commission witii an applicatit or appellant concerning an amilication or appeal either at home or office,or in person,
by tetephoric call or by letter_
Printed Name: ki (21P Ill
Address Dy _Crty/State.
IN FAVOR \�AJN OPPOSITION Phorie
REASON.
PSD
u
0
V
swureur,
SEE MAP ON REVEHr SrL3F
INFORCaseNo 21ZNI032 Case No 092 T-0 1
Property Owner 10 30 Project Manager Anclfe%v Dimas
CmipiP Andre!. sct. as.q2L,
Staff Report
Page 12
Persons with disabilities planning to attend this meeting,who may require special services, ars requested to contact
the Development Services Department at least 46 hours in advance at(361),826-3240 EMnas M Incaoaci
g4@ tienen la intencion de asistir a esta junta v ,r gyiefen s rvw s cia a les iso 48
huras antes de la junta liamando_al de de rr no al n6ogr-9j361)Q26 241
If you wish to address the Commission during the meeting and your English is limited, please call the Development
Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the
meeting Si ustt'd_desea_i.. irse a la commission durante la Punta_v_5u Inales eS.,GmijWo„ favor de Ilamar aI
departamentp de.r yi itis, desar_mliq a.l minora(361)I 26-$ 40 al meno148 horas an de la iunta oars sol+citar
un interorete ser.Pr s r?te dgante 1._a unta.
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0921-07
Richard Jurach,Jerry Jurach, Patricia Bunt and Paula Carter have petitioned the City of Corpus Christi
to consider a change of zoning from the "FR" Farm aural District to the "RM-2" Multifamily District
resulting in a change to the Future Land Use Mata. The property to be rezoned is described as
Located at or near 3942 Cimarron Boulevard and described as being 10 acres out of Lots 1 & 2,
Section 21,Flour Bluff and Encinal Farm and Garden Tracts,a subdivision of Nueces County,Texas,
as rwrnrrds-d in the County Map Records in Volume A, Page 43, located along the east side of
Cimarron Boulevard,south of Lipes Boulevard,and north of Yorktown Boulevard
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 public hearing will be held on Wednesday,_Se tember
16,2021, during one of the Planning Commission's regular meetings,which begins at 5:3�0 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 MOST BE FIk 1,17D CI T, SIGNEL I3Y Ti1E CURRENT PROPERTY OVMER(S)AND MAILED
IN ITS ENTIRETY TO THL DEVFtOPMENT SERVICES DEPARTMFNT P O. BOX 9277, CORPUS CHRISTI,TEXAS 79469-
9277 ANY INFORMATION PROVIDED BELO'vld BFC DMFS PUBLIC RECORD
NOTE: In accordance with the Planning Commission By-Laws, no discussion*hall be held by a member or members of
this Commission watt an applicant or appellant concerning an application or appeal,either at homy or office,cw in person,
by telephone call or by letter.
Printed Name.
Address ' r [eri3 w'egaU ,&,"E CityAState: „� g ;t• ,r
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SEE M4P ON REVERSE SIDE Case No 0921-01
INFOR Case No 21ZN1032 Proiecl Manager Andrew Lomas
Property Owner 10 31 Emad AnctreaC2Gckexc7a.corn
Zoning Case #0921 -01
Richard Jurach, Jerry Jurach, Patricia Hunt and Paula Carter
Rezoning for a Property at 3942 Cimarron Boulevard
From "FR" To "RM-2"
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November 16, 2021
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RM-1 to RS-6: Type B: 10' & 10 pts.
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ROW o Street: 20 feet
Side & Rear: 10 feet
2em O� �J�gg Rear:2:1 Setback(height)
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pQOo� ��0 1 Bedroom—1.5 spaces/unit
® Q�Q RM-1 2+ Bedroom—2 spaces/unit
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Landscaping, Screening, and Lighting
Standards
n Uses Allowed: Single-Family Homes,
®® ® 4 o o Duplexes,Apartments, and Day Care
Uses.
Land Use
Existing Land Use Future Land Use
RM 2
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4 Notices mailed outside 200' buffer RM-2
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Separate Opposed Owners: 6 33
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Planning Commission
and Staff Recommendation
Denial of the"RM-2" District in lieu of"RS-6/SP" District with Special Permit
1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base
zoning district is a multifamily apartment complex with a density not to exceed 30 dwelling units
per acre and consistent with the attached site plan.
2. Setbacks: No structure shall be greater than two stories in elevation within 80-feet of the
southern property line. Any two-story buildings must have a pitched roof with the ridge extending
at least 6 feet above the eave of the roof."
3. Buffer Yard: When adjacent to the "RS-6" Single-Family 6 District, the buffer yard requirement
shall be 10-feet, with the required points and screening fence satisfied by including a row of
canopy trees with a minimum caliper size of 2.5 inches every 30 linear feet and a 7-foot-tall
screening fence or a 6-foot-tall masonry wall.
4. Lighting: All lighting must adhere to the standards set in the Unified Development Code (UDC).
5. Dumpster: No dumpster shall be placed within 80-feet of the southern property line.
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.
Site Plan
11
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Utilities
Water:
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8-inch PVC
Wastewater:
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SUBJECT
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2-inch Service Line
Storm Water:
'C 24-inch Line
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Case # 0927-07
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AGENDA MEMORANDUM
NggPO0.P '0 First Reading for the City Council Meeting of November 16, 2021
xss2 Second Reading for the City Council Meeting of Dec 7, 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 COUNTRY ACRES, LOT 4A & 4B
CAPTION:
Ordinance exempting Country Acres, Lots 4A & 4B, east of FM 1889 and north of CR 48, from
the payment of a not to exceed amount of$3,676.14 for the wastewater lot or acreage fee under
Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection
agreement. (Planning Commission and staff recommend denial of fee waiver)
SUMMARY:
York Engineering on behalf of Enrique and Palmira Mendez, 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 waiver and denied the fee waiver on September 15, 2021.
A waiver from wastewater construction constitutes the approval of an on-site facility (OSSF).
BACKGROUND AND FINDINGS:
York Engineering on behalf of Enrique and Palmira Mendez, 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 Country Acres, Lots 4A & 4B. The
property totals 2.34 acres, consists of (2) lots, is outside the city limits, and is in the Robstown
Independent School District.
The plat was approved by Planning Commission on September 15, 2021 and the property is
1
outside the city limits located east of FM 1889 and north of CR 48. The owner proposes to
develop a single-family home on each 1.12-acre lot with private septic systems
The property owner 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 $3,676.14, 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 Country Acres, Lots 4A & 4B 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 within the next 15 years. Staff finds that with recent annexations and
current and anticipated development in this area, the subject property could be served by
wastewater services to this subdivision within the next 15 years.
Although, the planned subdivision is in a wastewater master plan designated service area, the
nearest wastewater connection point is approximately 15,000 linear feet equivalent to 2.84 miles
away from the applicant's property located on CR 48.
ALTERNATIVES:
Approve and waive the wastewater fee requirement and require the owner to be subject to a
Sanitary Sewer Connection Agreement. The agreement must be recorded prior to the recording
of the plat.
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 15, 2021, the Planning Commission approved the waiver of wastewater line
construction and recommended that City Council deny the exemption of the wastewater
acreage fee and pay $3,676.14. 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.
Staff recommends denial of this fee waiver request as staff anticipates availability of service to
this property within the next 15 years.
2
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Location Map
3
Ordinance exempting Country Acres, Lots 4A & 413, east of FM 1889
and north of CR 48, from the payment of a not to exceed amount of
$3,676.14 for the wastewater lot or acreage fee under Section
8.5.2.G.1 of the Unified Development Code; requiring a sanitary
sewer connection agreement. (Planning Commission and staff
recommend denial of fee waiver)
WHEREAS, Lots 4A & 413, County Acres, located east of FM 1889 and north of
CR 48 is not currently served by the City wastewater system;
WHEREAS, the owner/developer has submitted a written request 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 Enrique and Palmira Mendez ("owners"), Lots
4A & 413, Country Acres 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/Country Acres/Ordinance-Country Acres, Lots 4A&4B-Updated.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/Country Acres/Ordinance-Country Acres, Lots 4A&4B-Updated.docx
SANITARY SEWER CONNECTION AGREEMENT
THE 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 Enrique and Palmira Mendez, 3935 CR 79, Robstown, Texas
78380 hereinafter called "Developer/Owner".
WHEREAS, Developer/Owner in compliance with the City's Unified Development
Code, has submitted the plat for Country Acres, Lots 4A & 4B, located east of FM 1889
and north of CR 48 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 agrees for itself, its successors, transferees, and assigns, as follows:
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;
Covenants running with the land
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 J day of D , 2021.
DEVELOPER/OWNERS:
Enrique Mendez Palmira Mendez
STATE OF TEXAS §
COUNTY OF NUECES § 1 —
Thi instrument was acknowledged before me on this , day of
2021, by Enrique Mendez.
REBECCA RAMIREZ ,
„af ate NOtary Publlt, Stato of Taxas
'y CdMm Exp r68 ria 22.2022 Notary Public, Sta e of Texas
Niitarj lb Ili 499929
STATE OF TEXAS §
COUNTY OF NUECES §
This ' strument was acknowledged before me on this , day of
2021, by Palmira Mendez.
REBECCA RAMIREZ
Notary Public:, State of Texas
-.. ..-
- ', -Comm. Expires 03-22=2022
Notary IG 131899939 Notary Public, State of Texas
Sanitary Sewer Connection Agreement
Lots 4A & 4B, Country Acres, Page 2 of 4
CITY OF CORPUS CHRISTI:
Al 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
Lots 4A & 4B, Country Acres, Page 3 of 4
EXHIBIT 1
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Sanitary Sewer Connection Agreement
Lots 4A & 4B, Country Acres, Page 4 of 4
Wastewater Acreage Fee Exemption
Country Acres, Lot 4A & 4B (Final Plat)
City Council Presentation
November 16, 2021
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Vicinity Map
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Location Map
Corpus Christi
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Planning Commission and
Staff Recommendation
Denial of Wastewater Lot/Acreage Fees
Master Plan
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Master Plan Cost Estimate
ear quc moaaer Probable Constry tion Cast Y 0...<.c,5 c_�D2i
t'or
Country Acres S btli ision,Lots 4A&4B,Bloch O
(234 Acres,
Item scrlpnon Quann �5^/o Umt Unit Pace Total Amount
-n .1Zvnrtvsewrw lMPOovsMSNTs_. _.. GOO LF 8 215.00 S 107,501.00
1 15"A T,,.ct 2b(22'-2 a'UeeP) __ ___..
2 OSHA Trench Protec[ion 500 LF $ Z600 $ -2501.10
11-1
$500 LF $ 20.00 30,000,00
4 oe-Watering 600 LF 8 40.00 $ 64,OCe-
5 5'1liamter Manhole(22-24 O ep) - E
e 2 GA S 32,Oo0.oD 4,000.00
6 Lettg Imeme Let ser.,. 1 EA
3 201.200.00
Sanitary Sewer Improvements Sub Total. E 215.200 UU
—se.—r—oepOV--s_
SWPP res 1 to $ 12,010.00 8 12,000.00
1 8 15.000.00 Y
scellaneous Improvements Sub-Total: 8 2>,Oo0.00
ran 5ubmtal: E0.00
ineen
g _e 5_u—yln6 S ImS,&Tesr n @ 1246: $29,064A0
F.e
Tornl eshmetea 3mprovemenrs: 8 2y1,Zea.00
Notes:
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developed from sources of differing accuracy,accurate only at certain scales,based on modeling or interpretation,incomplete while being created or revisetl etc The City
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of Corpus Christi reserves the right to correct;update;motlify;or replace;G15 products without notification The City of Carpus Christi cannot assure the accuracy,
completeness,reliability,or suitability of this information for any particular purpose_Using GIS data for purposes other than those for which they were created may yield
,aK inaccurate or misleadingresults The recipient may neither assert an proprietary rights to this information nor re resent it to anyone as other than Cit
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Govern mentiproduced informatiou.The City of Corpus Christi shall not be liable for any activity involving this information with respect to lost profits,lost savings or other
Use
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N
AGENDA MEMORANDUM
NggPO0.P '0 First Reading for the City Council Meeting of November 16, 2021
xss2 Second Reading for the City Council Meeting of December 7, 2021
DATE: October 21, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond@cctexas.com
(361) 826-3276
Ordinance —
Exempting Drillen Subdivision, located west of CR 73 and north along FM 624,
from payment of wastewater acreage fee under section 8.5.2.G.1 of the Unified
Development Code; requiring a Sanitary Sewer Connection Agreement.
CAPTION:
Ordinance exempting Drillen Subdivision, west of CR 73 and north along FM 624, from the
payment of the wastewater acreage fee under Section 8.5.2.G.1 of the Unified Development
Code; requiring a sanitary sewer connection agreement.
PURPOSE:
Exempt the owner/developer of Drillen Subdivision from paying $15,065.89 in wastewater
acreage fees subject to execution of a Sanitary Sewer Connection Agreement.
BACKGROUND AND FINDINGS:
York Engineering on behalf of Butch and Margaret Drillen, property owner, submitted a request
for an exemption from the wastewater acreage fee in accordance with Section 8.5.2.G. The
potential wastewater acreage fee is $15,065.89, based on the rate of $1,571 per acre. The
subject property consists of 9.59 acres.
Drillen Subdivision, is a final plat of 9.59 acres, consisting of one (2) lots, approximately .22
miles outside the City limits. The owner proposes to subdivide the property for a smaller second
lot encompassing 2.12 acres for a future residential development. The larger lot currently has a
residential homestead with existing public water from River Acres Water Supply Corporation
and a permit for a private sanitary sewer system. The final plat was approved by Planning
Commission on September 29, 2021. The subject property is located west of CR 73 and north
along FM 624 and is 18,911 linear feet equivalent to 3.58 miles away from the connection point.
1
On September 29, 2021, the Planning Commission granted 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 subject property will provide on-site sewage facilities in
conformance with the regulatory agency (City-County Health Department).
Per UDC 8.5.2.G, areas exempt from the payment of lot or acreage fees shall be determined by
the City Council to not likely be served by City Wastewater services within the next 15 years.
Staff does not anticipate availability of service to this property within the 15-year term.
ALTERNATIVE:
Require the owner to pay the applicable wastewater acreage fee in the amount of $15,065.89
prior to the recording of the plat. If wastewater services are not available within 15 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.
The agreement will require payment of the pro-rata fee in effect when public wastewater service
becomes available. The agreement will also require payment of the wastewater lot or acreage
fee in effect if public wastewater becomes available within 15 years of the plat being filed for
record.
Staff recommends approval of this fee waiver as staff does not anticipate availability of service
to this property within the next 15 years.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation
Location Map
2
Ordinance exempting Drillen Subdivision, located west of CR 73 and
north along FM 624, 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, Drillen Subdivision located west of CR 73 and north along FM 624 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 Butch and Margaret Drillen ("owner"), Drillen
Subdivision 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/Drillen/Ordinance-Drillen.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/Drillen/Ordinance-Drillen.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 Butch and Margaret Drillen, 16234 FM 624, Robstown,
Texas 78380 hereinafter called "Developer/Owner".
WHEREAS, Developer/Owner in compliance with the City's Unified Development
Code, has submitted the plat for Drillen Subdivision (Plat), located west of CR 73 and
north along FM 624 and, hereinafter called "Development," (Exhibit 1);
WHEREAS, City finds that the Subdivision it 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;
WHEREAS, wastewater lot and acreage fees are a requirement of the plat; and
WHEREAS, wastewater lot and acreage fees are being exempted conditioned
upon this agreement.
NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer
agree as follows:
Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows:
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 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;
2. to exempt Drillen Subdivision from wastewater lot or acreage fees
Sanitary Sewer Connection Agreement
Drillen Subdivision Page 1 of 4
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 ^n�P day of , 2021.
DEVELOPER/OWNERS:
Butch Drillen Margare rillen
STATE OF TEXAS §
COUNTY OF NUECES § C
This instrument was acknowledged before me on this , day of
{-p1 - ,17 , 2021, by Butch Drillen.
`\\NI1llsfj
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WNoa2ryvPUkblic, State of Texas
7'd.�ZONT P nj t N�
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STATE
COUNTY OF NUECES §
This instriument was acknowledged before me on this Cl� , day of
2021, by Margaret Drillen.
Q'�NE R
�� otYP�e�;c Fs� otary Public, State of Texas
2'
Sanitary Sewer Connection Agreement
Drillen Subdivision Page 2 of 4
CITY OF CORPUS CHRISTI:
Al 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
Drillen Subdivision Page 3 of 4
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Drillen Subdivision Page 4 of 4
Wastewater Acreage Fee Exemption
Drillen Subdivision ( Final Plat)
City Council Presentation
November 16, 2021
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The City of Corpus Christi uses the most current and complete data available.However,GIS data and product accuracy may vary.GIS data and products may be
developed from sources of differing accuracy,accurate only at certain scales,based on modeling or interpretation,incomplete while being created or revisetl etc The City
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completeness,reliability,or suitability of this information for any particular purpose_Using GIS data for purposes other than those for which they were created may yield
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0
AGENDA MEMORANDUM
First Reading for the City Council Meeting of November 16, 2021
CoRPORPIg4
1852 Second Reading for the City Council Meeting of December 7, 2021
DATE: October 25, 2021
TO: Peter Zanoni, City Manager
FROM: David S. Lehfeldt, Director of Solid Waste Operations
David L3(a)cctexas.com
(361) 826-1966
Ordinance — Ratifying partial postponement of fee increase
CAPTION:
Ordinance ratifying a partial postponement until January 1 , 2022, of the effective date of
Ordinance No. 032551 by amending the implementation date for a disposal fee increase made
applicable to waste haulers with City disposal contracts.
SUMMARY:
This ordinance postpones a fee increases for solid waste hauling companies with disposal
contracts from October 1 , 2021 , to January 1 , 2022.
BACKGROUND AND FINDINGS:
The City Council adopted Ordinance 32551 on September 7, 2021 , increasing disposal fees at
the Cefe Valenzuela Landfill by 10%, and fees at the Transfer Station by 15%, with an effective
date of October 1 , 2021 , applied to all landfill and transfer station customers. Solid waste haulers
that have disposal contracts with the City were provided notification of the fee increase following
approval of the ordinance. Representatives for the contract haulers have requested an extended
notification period to incorporate the increased disposal fees within their business plans.
The proposed ratification postpones disposal fee increases for solid waste hauling companies
with disposal contracts from October 1 , 2021 , to January 1 , 2022. The amendment applies only
to haulers that have active disposal contracts with the City.
ALTERNATIVES:
Alternative is to not approve and maintain the October 1 , 2021 effective date.
FISCAL IMPACT:
The projected negative impact on the General Fund Solid Waste Revenue is approximately
$70,000.
Funding Detail:
Fund: n/a
Organization/Activity: n/a
Mission Element: n/a
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommends amending the Ordinance as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance for ratifying partial postponement of fee increase
Ordinance ratifying a partial postponement of the effective date of
Ordinance No. 032551 by amending the implementation date for a
disposal fee increase made applicable to waste haulers with City
disposal contracts until January 1, 2022.
WHEREAS, the fees, rates, and charges ("Fees") established for the collection
and disposal of solid waste were approved September 7, 2021, pursuant to Ordinance
No. 032551 , with implementation to occur October 1, 2021;
WHEREAS, solid waste haulers holding either an 80% or 100% guaranteed
volume City disposal contract require additional lead time to complete notifications to their
customers of the increase to the Fees at the J. C. Elliott Transfer Station and Cefe
Valenzuela Municipal Landfill; and
WHEREAS, the City has agreed to temporarily postpone implementation of the
increase to the Fees only as made applicable to such volume contract haulers until
January 1 , 2022, and the City Council ratifies this action.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. A partial postponement of the effective date of Ordinance No. 032551 is
ratified as made applicable to solid waste haulers holding either an 80% or 100%
guaranteed waste volume contract in effect on October 1 , 2021 , and Section 3 of
Ordinance No. 032551, passed on September 7, 2021 , is amended by including
additional language, shown underlined, to read as follows:
"Section 3. This ordinance takes effect October 1 , 2021 ; provided however,
that the tipping fees stated in Section 1 of this ordinance, specifically under
Sections 21-41(e)(2) and (3), as made applicable to permitted solid waste
haulers holding either an 80% or 100% guaranteed waste volume contract
with the City, take effect on January 1 , 2022."
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 on this the day of ' 2021.
ATTEST:
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 2 of 2
SERVICES
Impact on Revenue of Delaying
Disposal Fee Increases
e.I,', November 16, 2021
INwe-el"r Solid Waste Rate Increases '
SERVICES
The City Council adopted Ordinance 32551 on September
73 2021 , increasing disposal fees at the Cefe Valenzuela
Landfill by 10%, and fees at the Transfer Station by 15%3
with an effective date of October 1 , 2021 .
Impact on Revenue of Delaying 5���� W q�h
Disposal Fee Increases -"
SERVICES
The Bag Lady 511408
Absolute Services 5201714
Aransas County 531200
CC Disposal 5211084
Dawson Recycling 5200
Mark Dunning Industries 561608
Killian Calderon (Frontier) S15,305
Total $709319
* 3-month delay of the 10% increase of the Landfill fees.
so
�o
o� A
P
v AGENDA MEMORANDUM
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; an industrial district affidavit upon installing,
repairing, or replacing a reduced pressure backflow preventer or an air gap; annual backflow
preventer testing; 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 service 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; an industrial district affidavit
upon installing, repairing, or replacing a reduced pressure backflow preventer or an air gap;
annual backflow preventer testing; 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
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
Page 1
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
District 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 District Affidavit must be immediately submitted by a
Texas Licensed Professional Engineer to the Utilities Department. The Industrial District
Affidavit must confirm there is no cross-connection between the City meter(s) and backflow
preventer(s) and will be on a form designated by the City. The Industrial District Affidavit also
identifies the location of each backflow preventer(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. Failure
to comply with the requirements of this Section will result in termination of the water service.
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 (AriCiP-ri) and deleting the language
that is stricken (deleted) 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.
(c) In accordance with 30 Texas Administrative Code Sec. 290.44(h)(1)(B)(iii), it is the
responsibility of the City, as the water purveyor, to ensure that backflow requirements are met.
In dealing with a non-compliant customer, The city will, at its discretion, require the
customer, at the customer's expense, to use a third party contractor to inspect, install, repair
and/or replace the backflow prevention device required by this Section, adopted codes, state
Page 2
or federal laws or regulations to protect the city's water supply from potential contamination.
Tho nit" May aISG Ge—At arf .th ars eRtity tG PeFfGFM ars" Gf the afGromorR4iG.RP--I -n4iVities
(d) If the owner or operator of an industrial facility or industrial processing unit fails to comply with
this Section, the City, at its discretion, can refuse to connect the industrial facility or industrial
processing unit or disconnect the property, facility, or unit from the City's water supply system.
Failure to comply with the requirements of this Section, including subsection (c), will result in
termination of the water service.
(e) If an imminent threat to the City's water system exists, the City will terminate the customer's
water service immediately.
(f) A violation of this Section is an offense punishable by a fine not to exceed $2,000. Each day
any violation of this Section continues constitutes a separate offense.
GN9Gt tG ci irh pFeSIHMP-d-
4)LgJThe 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.
(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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o� A
v
µoRPORPg4 AGENDA MEMORANDUM
1852 City Council Meeting of November 16, 2021
DATE: November 8, 2021
TO: Peter Zanoni, City Manager
FROM: Rolando Mata, Director of Public Works
RolandoM2(o-)-cctexas.com
(361) 826-1677
Briefing from Flatiron/Dragados on the Harbor Bridge Replacement Project
STAFF PRESENTER(S):
Name Title/Position Department
1. Rolando Mata Director Public Works
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. Lynn Allison Public Information Coordinator Flatiron/Dragados
2. Christin Duskin Bolster Maintenance of Traffic Flatiron/Dragados
3. Nick Manfredini Project Engineer Flatiron/Dragados
BACKGROUND:
Flatiron Dragados, LLC in partnership with the Texas Department of Transportation, will brief City
Council on the Harbor Bridge Replacement Project.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint— Harbor Bridge Replacement Project