The URL can be used to link to this page

Home My WebLink About024151 ORD - 08/22/2000AN ORDINANCE AMENDING ORDINANCE NO. 023395 BY AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXTEND UNTIL FEBRUARY 1,2001, THE 24 MONTH USE PRIVILEGE AGREEMENT (AUTHORIZED BY ORDINANCE NO. 023395)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 INDEMNIFYING EXCESS PARK CONSTRUCTION COSTS AS SET OUT IN THE AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Ordinance No. 023395 is hereby amended by authorizing the City Manager, or his designee, to execute an extension of the Use Privilege Agreement until February 1, 2001, 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 and Fulton Construction/Coastcon Corporation agreeing to indemnify the City for excess park construction costs as set out in the Use Privilege Agreement. A copy of the Use Privilege Agreement and a copy of the Extension are attached hereto as Exhibits "A" and "B", respectively, and incorporated herein. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (f) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances ATTEST: THE CITY OF CORPUS CHRISTI ~ Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor y enior Assistant City Attorneyo , Corpus Christi, Texas .v day of ,2000. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~,~ Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:\LEG-DIR\VERONICA\DDCURTIS\MYDOCS\2000\USEPRIV.AGR\DoyleC\Fultonwpd 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 No. th 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 Chapanal 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 Pern~ittee, 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 furthsr 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 ("lndemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injudes (including, without limitation on the foregoing. workers' compensation and Use Privilege Agreement Bayfront Improvements - IH-37 Park (Gateway Park) Page 1 of 6 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 injur~, 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. commercial Privilege Iml authorized b incorporated insured. Up insurance pol maintain commercial general liability insurance, Compensation Insurance pertaining to the Use ies related to the Use Privilege Improvements linimum amounts set forth in the attached and }licies must show the City as a named additional request, Permitte. e shall provide copies of all 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, rapair, 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 Prkdlege 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. I. Permittee must submit a set of construction drawings to the City Engineer for any proposed work two weeks pnor 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 Motto Access Networks (MAN), communication fiber optic cables. Pdor 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 ancl 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 pdor notice to the C.P.& L, S.W.B.T., Water, Gas, and Wastewater Divisions along with the ACSt, 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 Managers 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 I to reflect any pay increase. Use Privilege Agreement Bayfront Improvements - IH-37 Park (Gateway Park) Page 3 of 6 O. 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 worl<, and must have a representative present dunng backfilling and pavement repairs. S. The Contractor must provide proper safety and security devices to prevent possible injudes or accidents. No open trenches or pits are tp be left overnight. All trenches must be back'ffled promptly, the back'fill properly compacted, surface restored, and the worn done in a neat and workmanlike manner, T. Permittee may not leave bore pits open ionger 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 on 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 heroin to Permittee include Perm~ttee'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: Bayfront Improvements - IH-37 Park (Gateway Park): Terms for construction and plans/specifications. 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 By: Bill Hennings, City Manager APPROVED: Assistant C~/.,Attorney ~ THE STATE OF TEXAS § COUNTY OF NUECES§ 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 Philio C. Skrobarczvk, Fulton Construction/Coastcon Corporation, A Joint Venture, Permittee said Permittee agrees to keep and perform the conditions imposed by said Grant B(~~ and Privilege and that it is bound by all of the terms of same. ~ Name: Philip C. Skroba Title: Vice - President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~ructr~i o~C a,:t9::r; by Philip C. Skrobarczvk , as Vice-President , of F o Corporation, A Joint Venture on behalf of a Texas partnership (corporation). SHELBY O'BRIEN ATBQF'T~XA~ Notary Public, State of TL~s Printed Name: Shelby O'Brien Expiration Date: 12/6/98 Use Privilege Agreement Bayfront Improvements - IH-37 Park (Gateway Park) Page 6 of 6 EXHIBIT "A" BAYFRONT IMPROVEMENTS: IH-37 PARK (GATEWAY PARK) PLANS AND SPECIRCATIONS: 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 REOUrREMENTS PERMITTEE'S LIABII.ITY INSURANCE The Permittee must not commence work under this agreement until he/she has obtained all insurance required herera and such insurance has been approved by the City. Nor may the Permittee allow any subconu-aetor to commence work until all similar insurance required of the subcontractor has been so obtained. The Pumiiiee must furnish to the City' s Risk Manager 2 copies of Certiticates of Insurance, with the City named as an additioml insured for all liability policies, and a blanket waiver of subrogation on all applicable polides showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE 30-Day Notice of Cancellation required on all certificates MINIMUM INSURANCE COVERAGE Bodily Injury. and Prop4~rty Damage Commercial General Liability including: 2. 3. 4. 5. 6. 7. 8. 9. Commermal Form Premises - Ol~'rations Explosion and Collap~ Hazard Und,'rgroond Hazard Products/Completed Operauons Hazard Broad Form Property Damage Independent Conlractors Personal Injury $2,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY--OWNED NON-OWNED OR RENTED $2.000,000 COMB[NED SINGLE LEVIIT WORKERS' COMPENSATION EIVIPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH H OF THIS EXttlBIT $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 Consu'uction U P A ins. r~q. 7-23-98 ep Risk MgmL II. ADDITIONAl, REQLnfREMENTS The Permittee must obtain workers' compensation coverage through a licensed insurance company or through self-insuranco obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the co.h act for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through setf-instrance, then within 10 cai~dar days after the date the Risk Manager requests that the Pe,Hduee sign the cornnet documems, 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 proc~ which could result in revocation of the cer'dficaxe, thea the Permittee must immediately provide written notice of such facts to the City, by certified mail. return receipt request _ed directed to City of Cotlms Christi, Purchasing Departmere, 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 nil workers' compensation obligations incurred by the Permittee will be promptly met. Certificate of Insurance: The City/Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of suhroga_tlon on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation dame (bottom right) must be mended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wordinff 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 ( I )-(8), an authorized representative of the insurance cumpany must include a letter specifically stating whether items 1 .B. (1)-(8) are included or excluded. IH. A completed Disclosure of Interest must be submitted with your proposal. Fulton Consttretion UPA ins. req. 7-23-98 ep Risk M~mt EXTENSION OF USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § Pursuant to ordinance Number duly adopted on August 22, 2000, the Use Privilege Agreement (authorized by Ordinance No. 023395) with Fulton Construction/Coastcon Corp., a Joint Venture, is hereby extended until February 1, 2001, 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 and Fulton Construction/Coastcon Corporation, a Joint Venture, agreeing to indemnity 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. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of ,2000. ATTEST: CITY OF CORPUS CHRISTI City Secretary By: George K. Noe, Deputy City Manager Legal form approved August 3, 2000; James R. Bray, Jr., City Attorney By: Doyle . , ior Assistant City Attorney Acknowledgment THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2000, by George K. Noe, as Deputy City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas H:\LEG-DIRWERONICA\DDCURTIS\MYDOCS~2000\USEPRIV.AGR\DoyleC\extnsion.wpd Acceptance The above EXTENSION is here by accepted this the day of ,2000, by Philip C. Skrobarczyk, Vice-President of Coastcon Corporation, a Texas corporation, Managing Venturer of Fulton Construction/Coastcon Corporation, A Joint Venture, on behalf of said corporation and on behalf of said Joint Venture., the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Use Privilege Agreement and the Extension and is bound by all of the terms of the same. By: Name: Philip C. Skrobarczvk Title: Vice-President of Coastcon Corporation THE STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on ,2000, by Philip C. Skrobarczyk Vice-President of Coastcon Corporation, a Texas corporation, Managing Ventu'rer of Fulton Construction/Coastcon Corporation, A Joint Venture, on behalf of said corporation and on behalf of said Joint Venture. Notary Public, State of Texas Printed Name: Expiration Date: H:\LEG-DIR~VERONICA\DDCURTIS'~v1YDOCS%2000\USEPRIV.AGR\DOyleC~extnsiOn,Wpd