HomeMy WebLinkAbout023395 ORD - 07/28/1998AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE AN UP TO TWO-YEAR USE PRIVILEGE AGREEMENT, WITH
FULTON CONSTRUCTION/COASTCON CORP., A JOINT VENTURE, TO
USE A PORTION OF THE BAYFRONT IMPROVEMENTS -IH 37 PARK
[GATEWAY PARK] "PARK PROJECT" AS A CONSTRUCTION YARD IN
CONJUNCTION WITH ITS CONSTRUCTION OF THE NEW U.S.
FEDERAL COURTHOUSE, IN CONSIDERATION OF PAYMENT OF $917
PER MONTH TO THE UNRESTRICTED PARK TRUST FUND AND
FULTON CONSTRUCTION/COASTCON CORP. INDEMNIFYING EXCESS
PARK CONSTRUCTION COSTS AS SET OUT IN THE USE PRIVILEGE
AGREEMENT; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is authorized to execute an up to two-
year Use Privilege Agreement, with Fulton Construction/Coastcon Corp., a Joint Venture, to use a
portion of the Bayfront Improvements -IH 37 Park [Gateway Park] "Park Project" as a construction
yard in conjunction with its construction of the new U.S. Federal Courthouse, in consideration of
Fulton Construction/Coastcon Corp. paying $917 per month to the Unrestricted Park Trust Fund plus
Fulton Construction/Coastcon Corporation's further consideration to indemnify the City for excess
park construction costs as set out in the Use Privilege Agreement. A copy of the Use Privilege
Agreement is attached hereto as Exhibit "A" and incorporated herein.
SECTION 2, That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs. such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that t s ordinance is 0: ssed and shall take effect upon first reading as an
emergency measure this the day of , 1998.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City ecretary Samuel L. Nea, Jr., r., Mayor
LEGAL FORM APPROVED 23
By: C--4)�40 ti
Alison Gallaway, Assistant City Att`6rney
, 1998; JAMES R. BRAY, JR., CITY ATTORNEY
AGA98\5000 518
+x'23395
Corpus�jlChristi, Texas
A Yl day of Qtk,L,t,
U _J
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
, 1998.
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
amuel L. Ne. Jr., Mayor
THE CITY OF CORPUS CHRISTI
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
at
John Longoria
o
fi
Edward A. Martin
Dr. David McNichols CW
Acv98v5000 518
023395
2
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
That the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized City Manager, Bill Hennings, in accordance with Article IX,
Section 1, Corpus Christi City Charter, in consideration of: (a) $917 per month payable
upon execution of this Use Privilege Agreement and monthly in advance thereafter,
and extending for a period up to twenty-four (24) months, and (b) Permittee's
covenants expressed in this Agreement has granted and conveyed and by these
presents does grant and convey upon the conditions hereinafter stated unto FULTON
CONSTRUCTION/COASTCON CORPORATION, A JOINT VENTURE ("Permittee"),
5656 South Staples Street, Suite 100, Corpus Christi, Nueces County, Texas, for Use
Privilege Improvements consisting of a construction laydown/storage yard for the
purpose of staging men, equipment and material used in conjunction with and in
support of the construction of the new United States Federal Courthouse at 1101
North Shoreline Drive, City of Corpus Christi, Nueces County Texas ("Use Privilege
Improvements"). The area where the Use Privilege Improvements will be used is
described as that piece of City property lying between the east right-of-way (ROW) of
Chaparral Street and Water Street and the north ROW of the westbound lane of IH 37 and
south ROW of Belden Street, within the City of Corpus Christi, Nueces County, Texas.
TO HAVE AND TO HOLD the same unto Permittee, its successors, and assigns,
together with the right under these conditions, at any time to enter upon the above
described right-of-way to repair, maintain, and operate the Use Privilege Improvements,
and it is further understood that the use privilege is granted subject to Permittee's
compliance with the following conditions:
A. This Use Privilege Agreement ("Agreement") may be revoked at any time
upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager,
or designee ("City Manager").
B. Permittee must 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
Use Privilege Agreement
Bayfront Improvements - IH -37 Park (Gateway Park)
Page 1 of 6
gxhib» A
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 installation, operation, repair or maintenance of the Use Privilege
Improvements pursuant to this Agreement, unless such injury, loss or damage is caused
by the sole negligence of the Indemnitees or any of them. Permittee must, at their 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
cost and expenses of any kind arising from any such liability, damage, loss, claims,
demands, and actions.
C. Permittee must acquire and maintain commercial general liability insurance,
commercial automobile, and Worker's Compensation Insurance pertaining to the Use
Privilege Improvements and the activities related to the Use Privilege Improvements
authorized by this Agreement, in the minimum amounts set forth in the attached and
incorporated Exhibit B. Such insurance policies must show the City as a named additional
insured. Upon City Manager's written request, Permittee shall provide copies of all
insurance policies to the City Attorney. Such policies may not be canceled, renewed, or
materially changed without 30 days advance written notice to the City's Director of
Engineering Services, or designee ("City Engineer").
Neither Permittee nor Permittee's Agent must commence work before Permittee presents
to the City's Risk Manager, or designee ("Risk Manager"), evidence of the insurance
coverages set forth in Exhibit B, to the satisfaction of the Risk Manager.
D. Permittee's use of the Use Privilege Improvements must not interfere with
City's construction, operation, repair, replacement, or maintenance of any existing or future
proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities
currently located in said rights-of-way) needs access to the rights-of-way, Permittee must
pay for removing or relocating the Use Privilege Improvements to allow access to the
utility lines for repair, replacement, or maintenance of the utility lines. The Permittee must
repair the Use Privilege Improvements to their original condition or remove the Use
Privilege Improvements at which time this Agreement terminates immediately.
E. Permittee must not close or barricade a public street, or any portion of the
public street, to install, repair, or maintain the Use Privilege Improvements until the
Permittee or his contractor has filed an approved traffic control plan with City's Traffic
Engineering Office.
F. Permittee must pay to maintain or repair the Use Privilege Improvements
at all times, regardless of the type of damage that may occur, within 30 calendar days of
notice of damage to Permittee. Failure to do so terminates this Use Privilege Agreement
immediately.
Use Privilege Agreement
Bayfront Improvements - IH -37 Park (Gateway Park)
Page 2 of 6
G. Permittee must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Permittee must not assign this Agreement without City's prior written consent.
Permittee must submit a set of construction drawings to the City Engineer
for any proposed work two weeks prior to onset of construction. The drawings must show
the depth and location of the proposed construction and distance from the existing water,
stormwater, wastewater and gas lines.
J. Permittee must verify depth and location of existing Water, Wastewater, Gas,
C.P.& L., and S.W.B.T. lines, as well as ACSI, KMC, CSW, CAPROCK, and Metro Access
Networks (MAN), communication fiber optic cables. Prior to the start of any excavation, the
Permittee or Permittee's Agent must call the Texas One Call System (1-800-245-4545), 1-
800-DIG-TESS and Lone Star Notification Center (1-800-669-8344) for locations of existing
utilities. A City Inspector may request a utility line be uncovered to verify its depth or location.
K. Permittee must not begin work without 24 hours prior notice to the C.P.& L,
S.W.B.T., Water, Gas, and Wastewater Divisions along with the ACSI, KMC, CSW,
CAPROCK, and MAN communication fiber optic companies.
L. Permittee must properly tamp backfill around existing utilities in accordance
with the City of Corpus Christi Standard Specifications, including City Water Distribution
System Standards.
M. If damage occurs to any gas, storm, water or wastewater line, as determined
by the City's representative, a City Gas, Water, or Wastewater Division crew will be
brought in and allowed immediately to make all repairs. All City's costs (labor and
materials) associated with the repairs must be paid by the Permittee within 30 days of City
Manager's invoice thereof. City's representatives will determine the extent of damage and
amount of repairs to the utility line(s).
N. Work around any existing water main must be done under the inspection of
a Water Division Inspector at a daily rate of $270.23 for each day spent inspecting
construction, maintenance, repair, replacement or relocation of the Use Privilege
Agreement Improvements pursuant hereto. A half-day (4 hours) or more of work
constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours
a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $50.67 an
hour. Permittee must pay these funds to the City of Corpus Christi, Water Department.
These amounts will be adjusted annually on August 1 to reflect any pay increase.
Use Privilege Agreement
Bayfront Improvements - IH -37 Park (Gateway Park)
Page 3 of 6
0. Permittee must take every precaution not to disturb the soil surrounding any
existing water or wastewater line, including all thrust blocks.
P. Damage to driveways, culverts, head walls and any other structure, public
or private, must be repaired by the Permittee at his expense within 30 days after being
notified of damage to same.
Q. Permittee must not store or leave any equipment or material in City
right-of-way overnight.
R. Permittee must notify Street Superintendent (512-857-1940) 24 hours prior to
starting work, and must have a representative present during backfilling and pavement
repairs.
S. The Contractor must provide proper safety and security devices to prevent
possible injuries or accidents. No open trenches or pits are to be left ovemight. All trenches
must be backfilled promptly, the backfill properly compacted, surface restored, and the work
done in a neat and workmanlike manner.
T. Permittee may not leave bore pits open longer than 14 calender days
regardless of location. Barrel type barricades, approved by City's Traffic Engineering Office,
will be placed adjacent to all open pits.
U. Because the Use Privilege Area is in full view of the public, it must be
maintained in neat and orderly fashion without visible trash, paper and other unsightly debris.
V. Permittee shall restore the Use Privilege Area to its original condition prior to
construction of the deferred Bayfront Improvements - IH -37 Park (Gateway Park) in
accordance with the plans and specifications included in the attached and incorporated
Exhibit A.
W. It is acknowledged that at the conclusion of Permittee's use of the area of the
Use Privilege improvements, City intends to cause to be constructed in said area the
improvements described in Exhibit "A." Permittee will provide the City Engineer with 60 days
notice of the date for termination of the Use Privilege Agreement. Upon receipt of that notice,
the City Engineer will commence the process to solicit bids in accordance with State law for
the Bayfront Improvements: IH -37 Park Improvements shown ori Exhibit "A." In further
consideration of the City granting this Use Privilege Agreement, Permittee agrees to indemnify
the City for any amount by which the lowest responsible bid exceeds $130,000.
NOTE: All references herein to Permittee include Permittee's contractor(s), agent(s),
and employee(s) if applicable.
Use Privilege Agreement
Bayfront Improvements - IH -37 Park (Gateway Park)
Page 4 of 6
Exhibits: A. Bayfront Improvements - IH -37 Park (Gateway Park): Terms for
construction and plans/specifications.
B. Insurance
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the day of , 1998.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
7$ day ofU , 1998
Assistant C ty Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
By:
Bill Hennings, City Manager
This instrument was acknowledged before me on , 1998,
by Bill Hennings, as City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public, State of Texas
Use Privilege Agreement
Bayfront Improvements - IH -37 Park (Gateway Park)
Page 5 of 6
The above Grant and Privilege is here by accepted this the 28th day of July, 1998,
by Philip C. Skrobarczyk, Fulton Construction/Coastcon Corporation, A Joint Venture,
Permittee said Permittee agrees to keep and perform the conditions imposed by said Grant
and Privilege and that it is bound by all of the terms of same.
Name:
Title: Vice - President
Philip C. Skroba
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
c7.2( ,1998,
by Philip C. Skrobarczyk , as Vice -President , of Fu`i:n Con truction/Coastcon
Corporation, A Joint Venture, on behalf of a Texas partnership (corporation).
Notary Public, State of T
Printed Name: Shelby O'Brien
Expiration Date: 12/6/98
Use Privilege Agreement
Bayfront Improvements - I1-1-37 Park (Gateway Park)
Page 6 of 6
EXHIBIT "A"
BAYFRONT IMPROVEMENTS: IH -37 PARK
(GATEWAY PARK)
PLANS AND SPECIFICATIONS: The plans and specifications for the portion of Bayfront
Improvements: IH -37 Park improvements being deferred are substantially and materially
those attached hereto as part of Engineering Project No. 3115.
Deferred portion of the Bayfront Improvements: IH -37 Park is defined as that piece of City
property lying between the east right-of-way of Chaparral Street and Water Street and the
north right-of-way of the westbound lane of IH -37 and the south right-of-way of Belden
Street.
EXHIBIT B
INSURANCE REOUHIEMENTS
PERMITTEE'S LIABILITY INSURANCE
A. The Permittee must not commence work under this agreement until he/she has obtained all insurance
required herein and such insurance has been approved by the City. Nor may the Permittee allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been so
obtained.
B. The Permittee 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 certificates
Bodily Injury and Property Damage
Commercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractuallnsurance
7. Broad Form Property Damage
8. Independent Contractors
9. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY --OWNED NON -OWNED
OR RENTED
$2,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
$100,000
In the event of accidents of any kind, the Permittee 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.
Fulton Construction U P A ins. req.
7-23-98 ep Risk Mgmt.
II. ADDITIONAL REOUIREMENTS
The Permittee 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 Risk
Manager requests that the Permittee sign the contract documents, the Permittee 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 Permittee 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 the Permittee must immediately provide written notice
of such facts to the City, by certified mail, retum receipt requested directed to City of Corpus Christi,
Purchasing 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 though
self-insurance, the coverage provided must be in an amount sufficient to assure that all workers'
compensation obligations incurred by the Permittee will be promptly met.
B. Certificate of Insurance:
C.
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
tight) 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.
If the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.B (1)-(8), an authorized representative of the insurance company
must include a letter specifically stating whether items 1.B. (1)-(8) are included or excluded.
III. A completed Disclosure of Interest must be submitted with your proposal.
Fulton Consttrction UPA ins. req.
7-23-98 ep Risk Mgmt.