HomeMy WebLinkAboutAgenda Packet City Council - 11/10/2020City Council
City of Corpus Christi
Meeting Agenda - Final-revised
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, November 10, 2020
Addendums may be added on Friday.
A.Mayor Joe McComb to call the meeting to order.
B.Invocation to be given by Mayor Joe McComb.
C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag.
D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted
on the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
F.PRESENTATIONS FOR SPECIAL CONSIDERATION: (ITEMS 1 - 2)
1.20-1345 Corpus Christi International Airport update on Operations, Air Service
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November 10, 2020City Council Meeting Agenda - Final-revised
Development and Operational adjustments due to COVID-19
Sponsors:Aviation Department
2.20-1319 Presentation on City Municipal Golf Course Operations and One-reading
Ordinance approving Amendment No. 2 to the Lease Agreement with
Foresight Corpus Christi Golf, L.L.C (“Foresight”) regarding the Capital
Fund for golf course capital projects and City use of golf courses.
(Requires 2/3 vote)
Sponsors:Parks and Recreation Department
G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS
H.MINUTES: (ITEM 3)
3.20-1335 Regular Meeting of October 27, 2020
I.BOARD & COMMITTEE APPOINTMENTS: (NONE)
J.EXPLANATION OF COUNCIL ACTION:
K.CONSENT AGENDA: (ITEMS 4 - 13)
Consent - Second Reading Ordinances
4.20-1227 Ordinance authorizing a Wastewater Lift Station Construction and
Reimbursement Agreement with Peterson Properties, Ltd to construct
wastewater lift station for a planned commercial development located on
Westpoint Road and Highway 358 with a completion date within 24
months; transferring $520,000 from the Water Arterial Transmission and
Grid Main Trust Fund, and $40,000 from the Water Distribution Main Trust
Fund to the Wastewater Trunk System Trust Fund; and appropriate
$712,412.82 from the Wastewater Trunk System Trust Fund to reimburse
the Developer per the agreement. (District 3) (Requires 2/3 vote)
Sponsors:Development Services
5.20-1077 Ordinance authorizing the City of Corpus Christi to exercise an Option to
Purchase the Frost Bank building and adjacent lots located at 2402
Leopard Street from Frost National Bank based on a 20 year lease
purchase agreement entered into on May 30, 2000 in an amount of $0.00
and authorizing the execution of the Option to Exercise Fee payment in an
amount of $1,000.00 with FY 2021 funding available from the Development
Services Fund and Fire Administration General Fund. (Requires 2/3 vote)
Sponsors:Engineering Services, Development Services and Fire Department
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November 10, 2020City Council Meeting Agenda - Final-revised
Consent - Contracts and Procurement
6.20-1054 Resolution authorizing the purchase of 45 replacement ticket writers, hand
straps and warranty from Tyler Technologies-Brazos, College Station, TX,
used for the issuing of electronic tickets for traffic and parking violations in
an amount of $72,315.00 for use by the Parking Control Enforcement
Officers and Police Department Traffic Officers, with FY 2021 funding in
the amount of $24,534.00 from the 2018 Edward Byrne Memorial Justice
Assistance Grant, and $47,781.00 from the General Fund.
Sponsors:Police Department and Contracts and Procurement
7.20-1303 Motion authorizing a six-month service agreement with PlayCore
Wisconsin, Inc. dba GameTime for a total amount not to exceed
$716,111.85 for the purchase and installation of 11 playground units and
shade structures, with funding available from the Bond 2018 Fund.
(Requires 2/3 vote)
Sponsors:Parks and Recreation Department and Contracts and Procurement
8.20-1108 Resolution authorizing a five-year supply agreement with Hach Company
for the Utilities Department for a total amount not to exceed $3,100,000.00
for the purchase of instruments, consumables and chemistries, effective
upon issuance of notice to proceed, with FY 2021 funding in an estimated
amount of $310,000.00 for the Water Division of the Utilities Department
available in the Water Fund and an estimated amount of $310,000.00 for
the Wastewater Division of the Utilities Department available in the
Wastewater Fund. (Requires 2/3 vote)
Sponsors:Utilities Department and Contracts and Procurement
9.20-1218 Motion authorizing a three-year supply agreement with Aaron Concrete
Contractors, LP of Aransas Pass, Texas, in an amount not to exceed
$1,177,365.30, for materials used to backfill around water and wastewater
line repairs, effective upon issuance of notice to proceed, with first-year
funding in an estimated amount of $327,000.00 in the FY 2021 Water
Fund. (Requires 2/3 vote)
Sponsors:Utilities Department and Contracts and Procurement
10.20-1297 Motion authorizing a Joint Funding Agreement with the United States
Geological Survey (USGS), U.S. Department of the Interior, to maintain
automated river gauging stations which gathers and records water quality
and stream flows associated with the Nueces River and its tributaries,
where by the USGS contributes $28,950 and the City contributes
$166,350. (Requires 2/3 vote)
Sponsors:Water Utilities Department
11.20-1334 Resolution authorizing an amendment to the Interlocal Agreement between
the City of Corpus Christi and Nueces County to update roles and
responsibilities and define a cost allocation method for the MetroCom
Consolidated Dispatch Emergency Center. (Requires 2/3 vote)
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November 10, 2020City Council Meeting Agenda - Final-revised
Sponsors:Information Technology Services and Police Department
Consent - Capital Projects
12.20-0107 Motion awarding a professional services contract to Govind Development,
LLC, of Corpus Christi, Texas for the design, bid, and construction phase
services for the reconstruction of Castenon Street from Trojan Drive to
Delgado Street, located in City Council District 3, in an amount of
$273,351.00, with funding available from the Bond 2018 Street Proposition
B and FY 2021 Storm Water, Wastewater, Water and Gas Funds.
(Requires 2/3 vote)
Sponsors:Engineering Services and Public Works/Street Department
General Consent Items
13.20-1376 Resolution authorizing an Interlocal Cooperation Agreement with Del Mar
College District for a 50-year lease in an annual amount of $10.00 for five
acres of property located at or near Rodd Field Road and Yorktown
Boulevard to serve as the location for the City’s new Police Training
Academy. (Requires 2/3 vote)
Sponsors:Police Department
L.RECESS FOR LUNCH
M.PUBLIC HEARINGS: (ITEM 14)
14.20-1217 Zoning Case No. 0920-01, Nemec Family Properties, Ltd (District 1).
Ordinance rezoning property at or near 3601 Interstate 69 from the “FR”
Farm Rural District to the “CG-2” General Commercial District. (Planning
Commission and Staff recommend Approval) (Requires 2/3 vote)
Sponsors:Development Services
N.REGULAR AGENDA: (NONE)
O.FIRST READING ORDINANCES: (ITEMS 15 - 20)
15.20-1299 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; and appropriating $10,000.00 in the Police
Grants Fund. (Requires 2/3 vote)
Sponsors:Police Department
16.20-1313 Ordinance accepting grant funds from the Coastal Bend Wellness
Foundation in an amount of $22,734.08 to fund overtime and related costs
for the Red Cord Initiative Diversion Program (Prostitution Crimes
Reduction Program); and appropriating $22,734.08 in the Police Grants
Fund. (Requires 2/3 vote)
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November 10, 2020City Council Meeting Agenda - Final-revised
Sponsors:Police Department
17.20-1314 Ordinance authorizing acceptance of a grant in an amount of $48,211.68
from State of Texas, Criminal Justice Division for Violence Against
Women Program with a cash match of $13,702.16 and in-kind match of
$6,960.00; appropriating $48,211.68 in the Police Grants Fund;
authorizing one FTE for a Victim Case Manager; and authorizing a transfer
of $13,702.16 from the General Fund to the Police Grants Fund. (Requires
2/3 vote)
Sponsors:Police Department
18.20-1333 Ordinance authorizing an Interlocal Cooperation Agreement between the
City of Corpus Christi, Nueces County, and the Regional Transportation
Authority (RTA) to pay for the P25 Public Safety Radio System
Infrastructure Upgrade; appropriating $608,000 of anticipated revenue
from Nueces County and $192,000 of anticipated revenue from the RTA in
the Police Building CIP Fund; and amending the FY 2021 budget adopted
by Ordinance No. 032203 by increasing revenues and expenditures by
$800,000 each. (Requires 2/3 vote)
Sponsors:Information Technology Services and Police Department
19.20-1370 Ordinance authorizing a one year lease with Sinister, LLC with monthly rent
of $100 including an option to extend for four additional one year terms with
monthly rent of $300 for use of the city owned property located at 1401
Leopard Street for a parking lot. (Requires 2/3 vote)
Sponsors:Asset Management Department
20.20-1348 Ordinance accepting and appropriating $3,285,000 from the Coronavirus
Relief Fund (“CRF”), established by the CARES Act and provided through
the State of Texas, for prevention, preparation for, and response to the
COVID-19 pandemic; and approving a transfer of allocation of $415,000 to
Nueces County from the City’s $17,960,470 CRF specifically for expenses
for the operation of the Amistad COVID Clinic and the purchase of air
filtration equipment for Nueces County buildings. (Requires 2/3 vote)
Sponsors:Finance & Business Analysis
P.BRIEFINGS: (NONE)
Q.EXECUTIVE SESSION: (ITEM 21)
21.20-1342 Executive Session pursuant to Section 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
option, lease, license, interlocal agreement, and other legal documents
related to the potential placement of a police academy on real property
owned by Del Mar College District at or near Rodd Field Road and
Yorktown Blvd, and pursuant to Texas Government Code § 551.072 to
Page 5 City of Corpus Christi Printed on 11/9/2020
November 10, 2020City Council Meeting Agenda - Final-revised
discuss and deliberate the potential lease and/or value of real property to
be leased, licensed, or otherwise acquired at or near the aforementioned
locations.
R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS
S.ADJOURNMENT
Page 6 City of Corpus Christi Printed on 11/9/2020
DATE: October 30, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Assistant Director of Aviation
Kevins4@cctexas.com
361-289-0171 ext. 1292
STAFF PRESENTER(S):
Name Title/Position Department
1. Kevin Smith Assistant Director Aviation
2. Tyler Miller Assistant Director Aviation
ISSUE:
A presentation by Airport executive leadership providing a COVID, Air Service Development,
and Personnel update.
BACKGROUND:
In April of 2020, the city hired two new Assistant Directors of Aviation, just as COVID began to
affect our community. The Airport department would like to provide regular updates on airport
operations twice a year on the on-going operations and air service development initiatives that
are taking place. This presentation will outline how the Corona virus has de-railed the travel
industry and what operational adjustments have been made so far, to help us recover faster
than other cities/airports. The presentation will also include information about our air service
development initiatives, a personnel and construction update, and our digital marketing
campaign. No action is required by City Council.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint – Airport Update
Corpus Christi International Airport update on Operations, Air Service Development and
Operational adjustments due to COVID-19
AGENDA MEMORANDUM
City Council Meeting of November 10, 2020
Airport Update
November 10, 2020
Airport Update Overview
•COVID – 19 Impacts and Pro-Active Measures
•Digital Marketing Campaign
•Air Service Development
•Construction Update
2
COVID Impact to Nationwide Enplanements
High of 79 Million in August 2019
To a low of 3.2 Million in April 2020
How Big of an Impact
DFW had 3.4 Million in August 2019
COVID Impact to Enplanements CCIA
Our Recovery is Out Pacing the Nation
Recovery – Flights Are Returning
COVID – 19 Proactive Measures (Media)
7
It is safer to fly than it is to go to the
grocery store.
•Zero cases that could be tied back to air
travel, since March
One foot of space in an airplane with a
mask on is comparable to six feet of
separation
•Air is cleaned on the plane every 2-4
minutes
•All carriers are cleaning their planes on
every turn.
Proactive Measures (Clorox Total 360)
•9,000 Sq. Feet Per ½ Hour
•Used overnight (30 days)
•Back offices on weekends
Proactive Measures
•Installation of 30+ Hand Sanitizer Stations
•Installation of Pure Air 3000
Digital Marketing Campaign
•Campaign serves CCIA ads to local travelers searching for
flights on-line, visiting high traffic websites, and
Facebook
•Clicking on the ad takes traveler to CCIA landing page that
highlights the safety, cleanliness, and convenience of
Flying CCIA
•The Conversion rate during the first 4 months was 46%
•Campaign has served over 700,000 impressions
Air Service Development
International Aviation Forecast Summit
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Speakers included
• CEO Sun Country
• SVP Delta
• CEO Spirit
• COO Southwest
•Representatives from Embraer, Boeing,
Airbus, Volaris, IATA
Air Service Development
International Aviation Forecast Summit
12
Main Topics Included:
•Recovery after COVID
•Air service development during the
pandemic
•Market outlook for short, medium,
and long term.
•Air Cargo is booming
Air Service Development - Boyd IAFS
13
•The experts don’t agree on aviation’s
future and timeline for recovery.
•Sun Country is back to pre-COVID levels in
Q4. Deltaforecasts2023- 2025.
•United expects recovery in 2024
•Boyd Group predicts 2026
•Airlines are opening new cities.
•Southwest, Spirit, Sun Country, and
Volaris all announced new cities. Delta
and United are not.
Air Service Development
Take Off North America Routes Conference
14
•Partnered with Brett Oetting and Visit
Corpus Christi
•Met 1:1 with eleven airlines
•Follow up meetings with at least four
airlines in the near future
Construction Update
Terminal / GA Apron Reconstruction
Scope:
•Finishing reconstruction of all
pavement on Terminal and East GA
aprons from asphalt to concrete
•Resealing concrete joints on West
GA apron
•Reconstructing perimeter roads
between aprons
Construction Update
Terminal Assessment
Construction Update
Terminal Assessment
Terminal Assessment completed
~ $23 million in improvements over ~6 years.
Projects include terminal roof/window replacement, inbound/outbound baggage system,
energy management system, access control, HVAC, curbside security, restrooms, gate
lounges, and backup power systems.
TSA Baggage Relocation
•Meeting with stakeholders to finalize concept and
design.
•Meeting with TSA to solidify investment
partnership
Passenger Boarding Bridge Replacement
•Includes pavement markings
•Stakeholder meeting with airlines to finalize
concept and design
Construction Update
Oshkosh was only responsive bidder.
Truck final price: $860,650. Project is AIP funded out of Grant #60.
Features include:
•Class 4 ARFF vehicle
•Capacity of 1500 gal
•Dry chemical dispensary
system with 500 lb.
capacity
•High Reach Extendable
Turret (HRET)* locally funded
•Under truck nozzles
•Rescue saw
•CCTV feed with DVR
Construction Update
ARFF Truck
Closing Comments
•Strong aviation team at CCIA
•Great terminal and getting better
•Engaging with airlines for future growth
•Traffic is returning to leisure destinations
•March could be close to normal September
traffic for CCIA
•CCIA recovering faster than US average
19
DATE: October 12, 2020
TO: Peter Zanoni, City Manager
FROM: Tracey Cantu, Interim Director for Parks and Recreation
TraceyC@cctexas.com
(361) 826-3042
CAPTION:
Presentation on City Municipal Golf Course Operations and One-reading Ordinance
approving Amendment No. 2 to the Lease Agreement with Foresight Corpus Christi Golf,
L.L.C (“Foresight”) regarding the Capital Fund for golf course capital projects and City
use of golf courses.
SUMMARY:
Ordinance authorizing extension of the Lease Agreement between the City of Corpus
Christi and Foresight Golf to manage and maintain the City’s two Municipal golf courses
and the Capital Fund for golf course capital projects.
BACKGROUND AND FINDINGS:
On February 1, 2011 the City of Corpus Christi Parks & Recreation Department entered
into a Lease Agreement with Foresight Golf to manage the City’s two golf courses, Oso
Beach Golf Course and The Gabe Lozano Sr. Golf Course. This has been a successful
partnership for the City of Corpus Christi as Foresight has increased the playability and
overall quality of the golfing experience at both courses. Additionally, Foresight assumes
liability for operational costs and shares 50% of net revenue with the City helping to re-
establish the Golf Fund as an enterprise. During the term of the lease the Golf Surcharge
fee has collected $1,035,000 as of August of this year. Foresight has utilized these funds
for capital improvement projects to the golf courses and facilities.
ALTERNATIVES:
The City could hire staff to operate and manage the two Golf Courses for the City.
However, Foresight Golf has been a good partner for the City through their efficient
Ordinance Approving Amendment to the Lease Agreement for Operation and
Management of City’s Two Municipal Golf Courses by Foresight Golf.
AGENDA MEMORANDUM
One-reading Ordinance for the City Council Meeting November 10, 2020
management and excellence in operat ions and maintenance of the City’s Municipal Golf
Courses. This extension is practical and exercises the confidence we have in Foresight’s
ability to continue to provide an excellent service to our community. It is in the City’s best
interest to continue this proven partnership.
FISCAL IMPACT:
The City will no longer collect and maintain the capital improvement surcharge to fund the
Capital Fund for golf course capital projects. The Operator shall create a segregated
capital improvement sinking fund for the Golf Courses to hold the Capital Fund and make
such Capital Fund available to only fund capital improvement projects at the Golf
Courses.
FUNDING DETAIL:
Fund: 4691 Golf Capital
Organization/Activity: 80000 Reserve Appropriation
Mission Element: 888 Revenue
Project # (CIP Only): N/A
Account: 32101 Gabe Lozano Green Fee Surcharge
322121 Oso Green Fee Surcharge
RECOMMENDATION:
Staff recommends approval of this ordinance approving Amendment No. 2 to the Lease
Agreement with Foresight Corpus Christi Golf, L.L.C (“Foresight”) regarding the Oso Golf
Course and the Lozano Golf Course to allow Foresight to use the capital improvement
surcharge to fund the Capital Fund for golf course capital projects directly upon collection
as opposed to the current arrangement whereby they remit the dollars to the City only for
the City to give the dollars back to Foresight. Additionally, the amended lease would
provide for occasional use of golf courses by the City.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Amendment
Presentation
One-reading Ordinance approving Amendment No. 2 to the Lease Agreement with Foresight
Corpus Christi Golf, L.L.C (“Foresight”) regarding the Oso Golf Course and the Lozano
Golf Course to allow Foresight to collect, maintain and use a capital improvement surcharge
to fund the Capital Fund for golf course capital projects; require monthly reporting
regarding the Capital Fund; require Foresight to annually identify capital projects for the
golf courses to be funded with the Capital Fund subject to City Manager approval; and
provide for occasional City use of golf courses
Whereas, on October 26, 2010, the City of Corpus Christi (herein referred to as “the City”) and
Foresight Corpus Christi Golf, L.L.C., a Texas Limited Liability Company and wholly owned
subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (herein referred to as
“Operator”) entered into a Lease Agreement; (herein referred to as the “Lease”) regarding the Oso
Golf Course and the Lozano Golf Course properties;
Whereas, the Lease was amended by Amendment No. 1 on April 30, 2013;
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 execute the Amendment No. 2 to the
Lease Agreement with Foresight Corpus Christi Golf, L.L.C. (“Foresight”) regarding the Oso Golf
Course and the Lozano Golf Couse to allow Foresight to collect, maintain and use a capital
improvement surcharge to fund the Capital Fund for golf course capital projects; require monthly
reporting regarding the Capital Fund; require Foresight to annually identify capital projects for the
golf courses to be funded with the Capital Fund subject to City Manager approval; and also provide
for occasional City use of golf courses, as provided in said Amendment No. 2 in substantial form
as attached. A copy of the final executed Amendment No. 2 will be filed with the City Secretary.
Section 2. That upon written request of the Mayor or five Council members, copy attached, the
City Council (1) finds and declares an emergency due to the need for immediate action necessary
for the efficient and effective administration of City affairs and (2) suspends the Charter rule that
requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure on this the ______
day of _______, 2020.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
day of , 2020
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced or at the present meeting of the City Council.
Respectfully, Respectfully,
Joe McComb
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
1
AMENDMENT NO. 2 TO THE LEASE AGREEMENT WITH FORESIGHT CORPUS
CHRISTI GOLF, L.L.C.
Whereas, on October 26, 2010, the City of Corpus Christi (herein referred to as “the City”) and
Foresight Corpus Christi Golf, L.L.C., a Texas Limited Liability Company and wholly owned
subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (herein referred to as
“Operator”) entered into a Lease Agreement; (herein referred to as the “Lease”) regarding the Oso
Golf Course and the Lozano Golf Course properties;
Whereas, the Lease was amended by Amendment No. 1 on April 30, 2013;
Whereas, Section 6.5 of the Lease allows the City representative to audit Operator’s books of
account with respect to its management and operations of the Golf Courses;
Whereas, the City may add such audit to the City Auditor Annual Work Plan;
Whereas, the Lease authorized a per round capital improvement surcharge to be used for the
creation of a Capital Fund for the golf courses;
Whereas, the parties agree to amend the Lease regarding collection and use of the capital
improvement surcharges and allow for occasional City use of the golf courses;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 6.3.5 of the Lease regarding collection and use of the capital improvement surcharge is
amended to read as follows:
6.3.5 In addition to the green fees, Operator shall collect on behalf of the
City and remit to the City on a monthly basis the one dollar and fifty cents ($1.50)
a per round capital improvement surcharge imposed on the Golf Courses creating
the capital improvement sinking fund for the Golf Courses (the "Capital Fund") as
further described in Exhibit C of Section 8 of thisthe lLease. The green fees listed
on Exhibit C under subheading A (Weekday Green Fees) and B (Weekend/Holiday
Green Fees) include the dollar amount of the per round capital improvement
surcharge in the amount of the stated fee. Operator may adjust the per round capital
improvement surcharge subject to approval of the City Manager.
2. Section 6.6 of the Lease regarding Financial Reports and Budget is amended to read as follows:
6.6 Financial Reports and Budget. Operator shall collect appropriate data
and prepare the following financial reports of operations of the Golf Courses to be
submitted to City Contract Administrator (the "Financial Reports"): (i) monthly
Sales Reports; (ii) monthly Tee Sheets with itemized play record; (iii) monthly
Deposit Summary, Reconciliation and Cash Drawer Reports; (iv) monthly
2
Concession Reports; (v) monthly Play Reports; (vi) monthly calculations of the
Operations Reserve Fund; (vii) monthly collections and expenditures of the Capital
Fund; (viii) annual audited Balance Sheet, Statement of Profit and Loss and Changes
in Financial Condition for the operations of the Golf Courses prepared in accordance
with GAAP; and (viiix) all calculations of rent paid. Operator shall also provide to
City such other financial reports as are reasonably available as requested by the
Contract Administrator. Prior to the Possession Date, Operator shall develop a
proposed operating budget for the operations of the Golf Course to be included as
part of Exhibit B. Set forth on as part of Exhibit B shall be Operator's initial
proposed operating budget for the Golf Courses.
3. New section 6.22 is added to the Lease regarding City use of Golf Courses.
6.22 City use of Golf Courses. City shall be provided occasional complimentary
use at the Golf Courses including golf carts for official City business to be
coordinated in advance with Operator with the approval of the City Manager.
4. Section 8.2 of the Lease regarding Capital Improvements is amended to read as follows:
8.2 Capital Improvements. Prior to the Possession Date, the parties shall
develop an Exhibit to be substituted herein as Exhibit D. Set forth on Exhibit D
shall be Operator's initial proposed capital improvement projects for the Golf
Courses, including a description and budget for each such project. The City
Operator has and will continue to segregate and hold the Capital Fund in a separate
account and make such Capital Fund available to only fund capital improvement
projects at the Golf Courses including those described on Exhibit D and future
identified projects upon such terms and conditions as the Operator and City
Manager shall mutually agree. To the extent Operator identifies other capital
improvement projects during the term of this lease that could benefit the operations
of the Golf Courses, Operator may notify the Contract Administrator of any such
project and provide a description and budget for such project. No later than the next
Annual Review, Operator and the City Manager shall review such proposed capital
project, the related expenditures required to complete the project and the capital
expenditure responsibility, if any, of each party. To the extent mutually agreed by
the parties and in accordance with such agreement, the City will fund capital
improvement projects out of the Capital Fund, and Operator may proceed with such
capital improvement projects. At least annually, and other time(s) of the year as
deemed appropriate by the Operator, the Operator will present to the City Manager
or his designee the recommended capital improvements to be implemented with the
capital improvement surcharge.
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5. All other terms and conditions of the Lease as amended remain in effect. This agreement takes
effect on date of last signature.
AGREED TO BY:
Foresight Corpus Christi Golf, L.L.C.
By: _________________________
Daniel A. Pedrotti, Jr.
President
Date: _______________________
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ________________by Daniel A. Pedrotti, Jr. as
the President of Foresight Corpus Christi Golf, L.L.C. on behalf of said company.
___________________ Notary Public
CITY OF CORPUS CHRISTI
By:
Peter Zanoni, City Manager
Date: _______________________________
STATE OF TEXAS
4
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: _________________________
Lisa Aguilar, Assistant City Attorney
November 10, 2020
Golf Course Annual Update and Initial
Lease Term Recap
to City of Corpus Christi
1
•Lease Agreement began February 2011
•Lease Agreement (2011-2021)
•Nearing the Completion of Initial Term
(10 years) January 31, 2021
Lease Agreement Timeline
2
Structure Of The Lease
Net Income SharingPartnership
If there’s profit,Foresight Golf splitsevenly with the City.
If there’s a loss,Foresight Golf isresponsible
No Risk to the City
3
Two Golf Properties
4401 Old Brownsville Road
18 Hole Regulation Golf
Course
9 Hole Executive Course
Practice Range
5601 S. Alameda Street
18 Hole Regulation Golf Course
No Practice Range
4
5
Capital Surcharge Fund
•Welcome provision of the lease that sets asidemoney for capital projectsand equipment
$1.50 per regular green fee of $35 Weekday/ $42 Weekend (includes golf car)
$1 per senior green fee of $28 riding
$.75 per junior green fee of $8 walking/$20 riding
•During the term of the lease, we have collected anddeployed to the improvement of the golf courses and
facilities$1,035,000 as of August this year.
6
Lozano Golf Center
Course Improvements Leading To Improved Playability
Added 100+ irrigation heads to improve turfgrass coverage.
Complete renovation of 25 sand bunkers
Constructed 9 new tees creating a new 5th set of “forward” tees
playing 4,518 yards.
Re-leveled and resurfaced the upper practice range deck and
installed artificial turf tee line.
Made multiple repairs to the Lozano clubhouse building,
maintenance facility buildings and parking lot.
Purchased various maintenance equipment (mowers, utility
vehicles, etc.)
Golf Course Improvements
Utilizing the Capital Surcharge Fund
7
Completed Lozano Bunker Renovation Pictures
8
Aesthetic, Architectural Improvements
Over the past almost 10 years, Foresight
Corpus Christi Golf has completed many
capital improvements in-house using the
capital surcharge fund.
Capital Improvements Done “In House”
These capital improvements are
accomplished more effectively and
with vastly less expense versus
hiring an outside contractor to
oversee and complete the projects.9
Redo of 13 Green and Bunkers at Oso Beach
10
Oso Beach Improvements
Golf Course Improvements
Complete Renovation to 31 Sand Bunkers
Constructed 11 new “forward” tees to create a 4th set of tees playing at
4,220 yards. New course yardage is: Forest Green – 6,223, Blue –5,728,
Stone –5,193, Copper – 4,220
Remodeled and increased putting green size on holes 7, 13 and 18.
Resurfaced the entire parking lot and entrance road and added new
curbing
Various maintenance equipment (mowers, utility vehicles, etc.)
Irrigation system improvements (pumps, controllers, etc.)
Golf Course Improvements
Utilizing the Capital Surcharge Fund
11
Lozano Golf Center
Repair erosion of lake edge
with Gabion baskets and
reclaim lost area on hole #2.
Remodel on-course restrooms.
Oso Beach
Install new sign package
including tee signs and
directional signs.
Repair and replace fixtures in
clubhouse restrooms.
Install new cart path on hole
#14.
Future Capital Improvement Plans
12
Financial Highlights
13
14
Revenue Generating Create-Events
Creating new rounds and revenues
that didn’t previously exist through
fun, themed golf events!
Additional Annual
Revenue of
$60,000!
15
New League Business!
Identifying underutilized days and times of the week and making them a boon!
2018 League Results = $77,819 in Total Revenue
2019 League Results = $101,157 in Total Revenue
2021 Projected League Results = ~$165,000 in Total Revenue
These have created not only great additional revenues, but super fun evening events for our
customers that did not previously exist! 16
Stewards of Junior Golf in Corpus Christi!
•Host of Nine Boys and Girls High School Golf Teams for Play and Practice
•Home for all CCISD Middle School Golf Programming
•Host of Local, District, and Regional UIL Golf Competitions
High Schools
Carroll H.S.
King H.S.
Miller H.S.
Moody H.S.
Ray H.S.
Veterans Memorial H.S.
Incarnate Word Academy H.S.
West Oso H.S.
London H.S.
Middle Schools
Adkins M.S.
Baker M.S.
Browne M.S.
Cunningham M.S. at South Park
Driscoll M.S.
Grant M.S.
Haas M.S.
Hamlin M.S.
Kaffie M.S.
Martin M.S.
17
Outreach and Programming for Junior Golfers
•Ongoing active Junior Golf Academy that meets weekly andconsists of 20 to 30 junior golfersof various ages throughout the
year.
•Multiple Junior Camp Opportunities, including fiveweek-long junior camps
throughout the summer.
•All juniors, 18 and younger,play FREE with a paid adult green fee.
18
RobustInstructional Programs!
“Unintimidating”Beginner Golf Instruction
Revolutionary “Learn to Play Golf” and “Learn to Play Golf 2.0” classes
are designed specifically for beginner golfers!
Delivered multiple times throughout the year in five-week, one-hour
sessions and in an all-beginner group format.
Upon graduation, beginners are ready to play golf as we’ve taught
them all aspects of the golf swing, etiquette, even how to make a tee
time!
Play Better Golf Instructional Program
On-going affordable coaching program geared for the amateur golfer
who is looking to improve their game and have more fun playing golf!
Small annual fee ($50/year), and very affordable half hour or hour
lesson rates with our full-time Director of Better Golf, Mathew Charles
(pictured).
19
Oso Beach – 92% Good or Excellent
Lozano – 92% Good or Excellent
Overall – 92% Good or Excellent
Customer Satisfaction
2011-2019 Survey Results
20
What Our Customers are Saying!
21
Future Vision for Corpus Christi Golf?
•Renovate and light the Executive Nine Hole Course at Lozano Golf Center. This has the potential of
being one of the most state of the art play and practice facilities in all of Texas and would be an excellent
accoutrement for instructional and programming opportunities in Corpus Christi!
•Work with the City in the development and construction of new clubhouse
buildings for both Lozano Golf Center and Oso Beach Golf Course.
•Foster a Partnership with the Corpus Christi Convention and Visitors Bureau
to help Corpus Christi become a true golfing destination!
22
2020 – The Year of The Anomaly
2 things have occurred that have been good for the game and business of golf:
The effect of the Coronavirus on outdoor activities.
Excellent weather for golf.
Rounds are up 24% and revenues are up 26% over last year.
Since April of 2020, both golf courses have experienced nearly 2,000 new customers who had not played us prior to this date.
Surveying these customers, the survey shows that:
The majority of new players are between the age of 24 and 45 years old.
Approximately 23% did not play golf before April of this year!
23
What Questions can we Answer?
24
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, October 27, 2020
Addendums may be added on Friday.
Mayor Joe McComb to call the meeting to order.A.
Mayor McComb called the meeting to order at 11:34 a.m.
Invocation to be given by Mayor Joe McComb.B.
Mayor McComb gave the invocation.
Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C.
Mayor McComb led the Pledge of Allegiance to the flag of the United States
and the Texas Flag.
City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D.
City Secretary Rebecca L. Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and
City Secretary Rebecca L. Huerta.
Note: Council Member Michael Hunter participated by video conference.
Mayor Joe McComb,Council Member Roland Barrera,Council Member
Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael
Hunter,Council Member Ben Molina,Council Member Everett Roy, and
Council Member Greg Smith
Present:8 -
Page 1City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary’s instructions, which shall be posted on
the City Secretary’s door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
E.
Mayor McComb referred to comments from the public.
The following citizens submitted written public comments which are attached
to the Minutes:
Lisa Gerdes, 3636 Monterrey St.; and Terilee Pitman, 1717 Waldron Rd.
GIFT PRESENTATION FOR OUTGOING CITY COUNCIL MEMBER RUDY D.
GARZA, JR.
F.
Mayor McComb and City Secretary Rebecca Huerta presented Council Member
Rudy Garza, Jr. with a farewell gift.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G.
Mayor McComb referred to City Manager's Comments. City Manager Peter
Zanoni reported on the following topics: 1) Update on the FY 2020
developments. 2) Clarification of the CAPE group flyer. 3) 2020 walk to end
Alzheimer's fundraising event.
GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa.
Director of Public Health District Annette Rodriguez presented an update on
COVID-19: current COVID-19 statistics; Nueces County 7 day COVID-19 average;
and CDC's definition for re-infection 90 days after infection.
Page 2City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
MINUTES:H.
1.Regular Meeting of October 20, 2020
A motion was made by Council Member Molina, seconded by Council Member
Guajardo that the Minutes be approved. The motion carried by a unanimous
vote.
BOARD & COMMITTEE APPOINTMENTS: (NONE)I.
EXPLANATION OF COUNCIL ACTION:J.
CONSENT AGENDA: (ITEMS 2 - 11)K.
Consent - Second Reading Ordinances
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 6 and 7 be pulled for individual consideration.
There were no comments from the Council.
A motion was made by Council Member Barrera, seconded by Council Member
Roy to approve the Consent Agenda with the exception of Items 6 and 7. The
motion carried by the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
8 -
Abstained:0
2.Ordinance authorizing the acceptance of a grant from the Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance, in an
amount of $157,601.00 for the FY 2020 Edward Byrne Memorial Justice
Assistance Grant program for the Corpus Christi Police Department; and
appropriating $157,601.00 in the Police Grants Fund with $78,800.00 to
be distributed to Nueces County based on an interlocal agreement and
the remaining $78,801.00 to be used by the City. (Requires 2/3 vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032250
3.Ordinance accepting and appropriating Airport Grant # 60 from the
United States Department of Transportation-Federal Aviation
Administration in the amount of $8,846,317.00 for the Corpus Christi
International Airport, Terminal Apron Phase IV and East General Aviation
Page 3City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
Apron Phase V projects and awarding a construction contract in the
amount of $11,201,609.96 to Head, Inc. of Columbus, Ohio, with funding
available in the Airport Capital Improvement Fund. (Requires 2/3 vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032251
4.Ordinance amending the Urban Transportation Plan Map of Mobility CC,
a transportation element of the Comprehensive Plan, by deleting a
portion of Civitan Drive between Ayers St and Crosstown Expressway
(State Highway 286); and providing for publication.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032252
Consent - Contracts and Procurement
5.Resolution authorizing a three-year service agreement with Fabian Adan
Olivarez, Jr. dba Sparkling City Power Washing in an amount of
$104,770.00 for vehicle wash services for Asset Management Fleet
Department, with FY 2021 funding available through the Fleet
Maintenance Services Fund in the amount of $32,013.06. (Requires 2/3
vote)
This Resolution was passed on the consent agenda.
Enactment No: 032253
General Consent Items
6.Resolution approving the FY 2021 and FY 2022 Infrastructure
Management Plan as proposed by the Public Works Department that
includes a list of neighborhood, arterial, and collector streets for street
maintenance work to be completed as the City’s Street Maintenance
Program.
Mayor McComb referred to Item 6.
Director of Public Works Richard Martinez presented information on the
following topics: infrastructure management plan overview; programs
overview; optimized maintenance; average pavement conditions; $78,023,875
budgeted for street maintenance and reconstruction in FY 20-21 funding from
eight different sources; 2021 planning; 2021 funding allocations; 2022 planning;
2022 funding allocations; conclusion; and interactive map.
Council Members, City Manager Peter Zanoni and Director Martinez discussed
the following topics: a Council Member's concern that less maintenance was
being planned in his district; the matrix will change based on conditions; the
goal is to provide more maintenance to districts that have worse pavement;
Council Members thanked Mr. Martinez and staff for their work and due
Page 4City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
diligence; and the importance of an in-house maintenance program.
Council Member Molina made a motion to approve the resolution, seconded by
Council Member Guajardo. This Resolution was passed and approved with the
following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hunter, Council Member Molina, Council Member Roy and
Council Member Smith
7 -
Nay:Council Member Hernandez1 -
Abstained:0
Enactment No: 032254
7.Resolution amending City Council Policy 28 that outlines the guidelines
for awarding arterial and collector street construction contracts using
concrete pavement or asphalt pavement.
Mayor McComb referred to Item 7.
Director of Public Works Richard Martinez presented information on the
following topics: analysis; non-expansive soils; expansive (clay) soils; City of
Corpus Christi soil types; additional key items; and final recommendations.
Council Members, Director Martinez and Director of Engineering Jeff Edmonds
discussed the following topics: the UDC requires rigid concrete pipe for
residential streets; arterial roads need to withstand more weight; a Council
Member's request for collector streets to be used specifically for heavy traffic
roads; and concrete is an unforgiving material.
Council Member Guajardo made a motion to approve the resolution, seconded
by Council Member Barrera. This Resolution was passed and approved with
the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
8 -
Abstained:0
Enactment No: 032255
8.Resolution authorizing extensions for a period not to exceed 12 months,
of a Water Arterial Transmission and Grid Main Construction and
Reimbursement Agreement not to exceed $109,354.20 for installation of
a water arterial transmission and grid main line, and extension of a
Developer Participation Agreement not to exceed $207,386.85 for
partial construction of Oso Parkway with MPM Development, LP for a
planned residential development, Royal Creek Estates Unit 7, located
south of Yorktown Boulevard and east of Cimarron Boulevard at 8399
Rock Crest Drive. (District 5) (Requires 2/3 vote)
This Resolution was passed on the consent agenda.
Page 5City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
Enactment No: 032256
9.Resolution approving Amendment No. 2 to extend the term of this
agreement to September 30, 2021 between the Corpus Christi Business
and Job Development Corporation and the City of Corpus Christi for the
Type A Affordable Housing Program - Homebuyer Assistance Program.
(Requires 2/3 vote)
This Resolution was passed on the consent agenda.
Enactment No: 032257
10.Resolution authorizing the submittal of a grant application totaling up to
$901,952 to the Office of the Governor for funding from the Texas Military
Preparedness Commission’s Defense Economic Adjustment Assistance
Grant Program with a matching contribution from the city of $250,000 for
project management and grant administration services. (Requires 2/3
vote)
This Resolution was passed on the consent agenda.
Enactment No: 032258
11.Resolution authorizing a total of up to $3,838.50 from the City’s
Coronavirus Relief Fund allocation through the CARES Act to Corpus
Christi Montessori School to provide funds for up to 25% of the cost to
purchase the computer equipment necessary to facilitate compliance with
COVID-19 related public health measures and tele-learning. (Requires
2/3 vote)
This Resolution was passed on the consent agenda.
Enactment No: 032259
TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE ITEMS: (ITEMS 12 - 14)L.
12.One-reading Ordinance Approving the Tax Increment Reinvestment Zone
Number 5 Project & Financing Plan approved by the Board of Directors
of Reinvestment Zone Number Five, City of Corpus Christi, Texas.
Mayor McComb referred to Item 12.
Senior Management Analyst Randy Almaguer presented information on the
following topics: project and financing plan; project overview; project master
plan; TIRZ parameters; project cost and timeline; TIRZ buildout; and staff's
recommendation.
Council Members, City Manager Peter Zanoni, Assistant City Manager Steve
Viera and Director of Finance Heather Hurlbert discussed the following topics:
a Council Member's concern that staff had not moved forward with another
developer's request for a TIRZ; staff clarification that they had not received a
request for TIRZ from another developer (Mostaghasi); a Council Member's
Page 6City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
concern that the 10 acre park is too large; and staff feedback is that a larger
park is preferred over smaller "pocket" parks.
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Smith. This Ordinance was passed and approved with the
following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hunter, Council Member Molina, Council Member Roy and
Council Member Smith
7 -
Abstained:Council Member Hernandez1 -
Enactment No: 032260
13.Resolution authorizing execution of an Interlocal Cooperation Agreement
with Del Mar College, for participation in the Tax Increment Reinvestment
Zone Number Five at 75% of Del Mar’s increment for 20 years, up to
$4,000,000.
Mayor McComb referred to Item 13.
Director of Finance Heather Hurlbert stated that the purpose of this item is for
the Board to extend the time period of the Interlocal Agreement with Del Mar
College from 14 years to 20 years.
There were no comments from the Council.
Council Member Barrera made a motion to approve the resolution, seconded
by Council Member Smith. This Resolution was passed and approved with the
following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Molina, Council Member Roy and
Council Member Smith
7 -
Absent:Council Member Guajardo1 -
Abstained:0
Enactment No: 032261
14.Motion to approve a Development Reimbursement Agreement with South
Padre Investment, Inc. for reimbursement of infrastructure costs related to
the development of the Bohemian Colony, located in Tax Increment
Reinvestment Zone Number 5, up to $17,000,000 or a maximum of 20
years, whichever is less.
Mayor McComb referred to Item 14.
Director of Finance Heather Hurlbert presented information on the following
topics: development reimbursement agreement; developer reimbursement
obligations; and developer obligations.
There were no comments from the Council.
Page 7City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
Council Member Barrera made a motion to approve the motion, seconded by
Council Member Smith. This Motion was passed and approved with the
following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hunter, Council Member Molina, Council Member Roy and
Council Member Smith
7 -
Abstained:Council Member Hernandez1 -
Enactment No: M2020-217
RECESS FOR LUNCHM.
The recess for lunch was held during Executive Session Item 20.
CORPUS CHRISTI CONSTRUCTION TRADE ADVISORY AND APPEAL BOARD
APPEAL (ITEM 19)
T.
19.City Council consideration of an appeal of Vargo Plumbing & Utilities
Plumbing Contractor’s six-month suspension of City plumbing
contractor’s registration upheld by the Corpus Christi Construction Trade
Advisory and Appeal Board on September 17, 2020.
Mayor McComb deviated from the agenda and referred to Item 19.
Mayor McComb stated that the purpose of today's appeal is for City Council's
consideration of an appeal of Vargo Plumbing & Utilities Plumbing Contractor's
six-month suspension of City plumbing contractor's registration upheld by the
Corpus Christi Construction Trade Advisory and Appeal Board on September
17, 2020. He said the Council can determine if they want to deny the appeal,
modify the Board's decision or set aside the suspension.
a. Assistant City Attorney Buck Brice presented the statement of facts. He said
the City Council may deny the appeal, modify the Board's decision or set aside
the Board's decision; and staff and the Construction Trade Advisory and Appeal
Board support the six-month suspension.
b. Appellant's Oral Presentation of Written Notice of Appeal. Mr. Federico
Vargas, the appellant, stated that: the work that was done was not under
Vargo Plumbing & Utilities, it was under personal property; he bought the
property to build a warehouse; the City told him it was a commercial
residential, not a commercial industrial; money was already invested on the
property, so he made a mistake by not pulling a permit; and the suspension
will affect about 40 to 50 of his employees.
Council Members, Mr. Vargas and Building Official with Development Services
Gene Delauro discussed the following topics: Mr. Vargas has been a
contractor for 11 years; the suspension does not take effect until the appeal
process is completed; the cost of the permits would be based on the evaluation
of the buildings and the square footage, which has not been established; and
the estimated cost of the permit is $2,000 to $3,000.
c. City Staff Response. Building Official Delauro presented information on the
Page 8City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
following topics: the reason for the suspension is that people have moved into
and occupied these buildings without proper permits, which is a safety hazard;
work without a permit is a problem for the community; and these buildings are
not on the tax rolls.
d. Council Action. Council Members and Building Official Delauro discussed
the following topics: permits represent a set of plans that City staff can review;
City staff and engineers do periodic inspections; sealed drawings indicate that
a qualified engineer designed the building to make sure it is safe for the
public; the challenge is not knowing whether or not this building meets
building regulations; there are health and safety issues of the building; the
suspension would not affect any permit that has already been issued; and the
effective date of the suspension would begin today and would end on April 6,
2021.
There were no comments from the public.
Mayor McComb made a motion to uphold the six-month suspension of City
plumbing contractor’s registration upheld by the Corpus Christi Construction
Trade Advisory and Appeal Board on September 17, 2020, seconded by Council
Member Barrera. The motion was passed and approved by the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Molina, Council Member Roy
and Council Member Smith
7 -
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: M2020-218
PUBLIC HEARINGS: (ITEM 15)N.
15.Ordinance authorizing a Wastewater Lift Station Construction and
Reimbursement Agreement with Peterson Properties, Ltd to construct
wastewater lift station for a planned commercial development located on
Westpoint Road and Highway 358 with a completion date within 24
months; transferring $520,000 from the Water Arterial Transmission and
Grid Main Trust Fund, and $40,000 from the Water Distribution Main
Trust Fund to the Wastewater Trunk System Trust Fund; and appropriate
$712,412.82 from the Wastewater Trunk System Trust Fund to reimburse
the Developer per the agreement. (District 3) (Requires 2/3 vote)
Mayor McComb referred to Item 15.
Director of Development Services Al Raymond stated that the purpose of this
item is to execute a wastewater lift station construction reimbursement
agreement with Peterson Properties, Ltd. and transfer $520,000 from the Water
Arterial Transmission and Grid Main Trust Fund, and $40,000 from the Water
Distribution Main Trust Fund to the Wastewater Trunk System Trust Fund; and
appropriate $712,412.82 from the Wastewater Trunk System Trust Fund to
reimburse the Developer per the agreement.
Page 9City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
Director Raymond presented information on the following topics: aerial
overview; project map; service area map; trust fund balance; staff's
recommendation; wastewater master plan; and preliminary plat.
Council Members, City Manager Peter Zanoni, Director Raymond and
Contracts/Funds Administrator of Development Services Michael Johnston
discussed the following topics: the trust fund balance for September and
October is under $300,000; Development Services has not received a more
recent update from the finance department; this property is platted as a
commercial subdivision; this development will be a VA hospital; and the trust
fund balance is tentative as of now.
Mayor McComb opened the public hearing. There were no written comments
from the public.
Mayor McComb closed the public hearing.
Council Member Hunter made a motion to approve the ordinance, seconded by
Council Member Barrera. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
8 -
Abstained:0
REGULAR AGENDA: (NONE)O.
FIRST READING ORDINANCES: (ITEMS 16 - 17)P.
16.Ordinance authorizing the City of Corpus Christi to exercise an Option to
Purchase the Frost Bank building and adjacent lots located at 2402
Leopard Street from Frost National Bank based on a 20 year lease
purchase agreement entered into on May 30, 2000 in an amount of $0.00
and authorizing the execution of the Option to Exercise Fee payment in
an amount of $1,000.00 with FY 2021 funding available from the
Development Services Fund and Fire Administration General Fund.
(Requires 2/3 vote)
Mayor McComb referred to Item 16.
Director of Engineering Jeff Edmonds stated that the purpose of this item is to
authorize the City to exercise an option to purchase the Frost Bank building in
an amount of zero dollars; authorize staff to execute relevant documents; and
$1,000 option fee per the agreement to authorize paying that fee.
A Council Member, City Manager Peter Zanoni and Director Edmonds
discussed the following topics: the City will become the landlord and the bank
will become the tenant; and this transaction will be complete on or before July
2, 2021.
Council Member Smith made a motion to approve the ordinance, seconded by
Page 10City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
Council Member Molina. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
8 -
Abstained:0
17.Ordinance amending the City's Consolidated Annual Action Plan (CAAP)
of entitlement funding from HUD for FY 2019-2020; accepting and
appropriating $2,275,155.00 from the United States Department of
Housing and Urban Development (HUD) for the Community Development
Block Grant (CDBG-CV) and $1,864,176.00 for the Emergency Solutions
Grant (ESG-CV) funding in FY2019-2020; authorizing the execution of all
documents necessary to accept, appropriate, and disburse the funds; to
execute all agreements, amendments and all other documents necessary
to implement the additional CDBG-CV and ESG-CV funding from HUD
with organizations for approved projects. (Requires 2/3 vote)
This Ordinance was withdrawn.
RECESS FOR CORPORATION MEETING: (ITEM 18)Q.
18.Special Board Meeting of the Corpus Christi Housing Finance
Corporation regarding an Investment Services Agreement.
This Corporation Meeting was held.
RECONVENE COUNCIL MEETINGR
BRIEFINGS: (NONE)S.
EXECUTIVE SESSION: (ITEM 20)U.
Mayor McComb referred to Executive Session Item 20. The Council went into
Executive Session at 2:02 p.m. The Council returned from Executive Session at
2:51 p.m.
20.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 and litigation in the case of
Ambriz, Stephen v. City of Corpus Christi, Brandon Cordell, and
Andres Lopez and other lawsuits and potential lawsuits, including
potential authorization of settlement of the aforementioned case and/or
authorization of fees for attorneys, experts, and other fees related to
defense of said case.
This E-Session Item was discussed in executive session.
Page 11City of Corpus Christi Printed on 11/5/2020
October 27, 2020City Council Meeting Minutes
Council Member Roy made a motion to authorize the City Manager or
designee to execute all documents necessary to settle the lawsuit of Stephan
Ambriz v. City of Corpus Christi; Officers Brandon Cordell and Andres Lopez in
an amount not to exceed $130,000, seconded by Council Member Barrera. This
Motion was passed and approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
8 -
Abstained:0
Enactment No: M2020-219
IDENTIFY COUNCIL FUTURE AGENDA ITEMSV.
Mayor McComb referred to Identify Future Agenda Items. No future items were
discussed or identified.
ADJOURNMENTW.
This meeting was adjourned at 4:00 p.m.
Page 12City of Corpus Christi Printed on 11/5/2020
DATE: September 21, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director, Development Services
AlRaymond@cctexas.com
(361) 826 - 3276
CAPTION:
Ordinance authorizing a Wastewater Lift Station Construction and Reimbursement Agreement
with Peterson Properties, Ltd to construct wastewater lift station for a planned commercial
development located on Westpoint Road and Highway 358 with a completion date within 24
months; transferring $520,000 from the Water Arterial Transmission and Grid Main Trust Fund,
and $40,000 from the Water Distribution Main Trust Fund to the Wastewater Trunk System Trust
Fund; and appropriate $712,412.82 from the Wastewater Trunk System Trust Fund to reimburse
the Developer per the agreement. (District 3)
SUMMARY:
Peterson Properties, Ltd is required to construct a wastewater lift station, force main, and
wastewater collection line in order to provide wastewater service for a planned commercial
subdivision named Westpoint Crossing Unit 2, Block 2, Lot 1 . The installation of the new
wastewater utilities will extend service to the planned commercial subdivision. The developer has
requested a reimbursement agreement in accordance with UDC Section 8.5.2 Wastewater Trust
Fund.
BACKGROUND AND FINDINGS:
Peterson Properties, Ltd plans to install a lift station, 75 linear feet of 8-inch force main line, and
110 linear feet of 10-inch collection line in order to provide wastewater service to a planned
commercial subdivision that will be constructed within City limits along Westpoint Road and
Highway 358. The planned subdivision property encompasses approximately 6.91 acres with a
proposed Community based outpatient clinic to be constructed on the property. The proposed lift
station will extend wastewater service to approximately 483 acres of property in the surrounding
area, is in accordance with the wastewater master plan, and is in the Greenwood Wastewater
Service Area 5. The property in this service area is predominately Zoned IL and CG-2 and nearly
all the land is undeveloped.
Agreement and appropriating funds for the Peterson Properties, Ltd for a Wastewater Lift
Station Construction and Reimbursement Agreement
AGENDA MEMORANDUM
Public Hearing First Reading Ordinance for October 27, 2020
Second Reading Ordinance for November 10, 2020
Wastewater Lift Stations and Force Main Lines that are required and comply with the wastewater
master plan are eligible for reimbursement under UDC Sections 8.5.2.E.3 and 8.5.2.E.4
respectively. The Sanitary Sewer Trunk System Trust Fund is used to reimburse developers for
the construction of these types of improvements.
City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds
and to provide recommendations on policies that govern the priority, order, reimbursement rate
and fees charged by the trust funds. City Council directed staff return within 75 days and present
their recommendations.
Staff conducted detailed research into the trust funds and briefed Council on their background,
history and their current operational status as well as briefed Council on the update to the 2019
Alternative Utility Financing Study which ultimately recommended transitioning from trust funds to
impact fees. Staff worked with Contracts and Procurement to issue an RFQ to provide Master
Plans for the City’s water, wastewater, stormwater and roadway infrastructure and to provide an
Impact Fee Study. Once evaluations and interviews are completed, the RFQ should be placed on
the City Council Agenda for consideration in late September or early October 2020.
ALTERNATIVES:
Based upon the current UDC language in section 8.5.2 Wastewater Trust Fund the developer
requested reimbursement for the installation of a wastewater lift station, force main line, and
master planned collection line that that will serve the planned subdivision. If the request were to
be denied and the developer had to assume the costs associated with the installation of master
planned the wastewater lines and lift station, the project may become cost prohibitive. Another
alternative is to identify the project as a capital improvement project to be constructed by the city,
establish public improvement taxing district (PID), or impact fees to fund the installation of new
utilities infrastructure in this area. This alternative may delay this project in the short term but
would establish a viable long-term funding option for the installation wastewater utilities
infrastructure to this property.
FISCAL IMPACT:
The total amount requested for the reimbursement agreement is $712,412.82. The four Trust
Funds have a combined estimated available balance of $1,059,899.27 as of August 31, 2020.
This balance does not consider agreements that are pending and are scheduled for City Council
consideration ahead of this agreement request. The approval of this agreement will leave the
Trust Funds with an available balance of approximately $25,000 based upon the 8/31/20 Trust
Fund balance report provided by the Finance Department.
The expenditures for this project are a one-time cost and are not associated with any other
projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees,
Pro-rata Fees and Surcharge Fees that are charged during the platting process. Over time the
fees collected and deposited will replenish the Trust Funds and enable other developer-initiated
water infrastructure projects to be reimbursed.
Sections 8.5.1.C.4 and 8.5.2.I of the UDC authorizes the redistribution of monies between the
four trust funds, after a public hearing, in order to reimburse the developer for projects that exceed
the current balance in any single trust fund.
Funding Detail:
Fund: 4220 Sanitary Sewer Trunk Main Trust Fund
Organization/Activity: 21800 Sanitary Sewer Trunk Main Trust
Mission Element: 777
Project # (CIP Only): N/A
Account: 540450 Reimbursement to Developers
Fund: 4030 Water Arterial Transmission and Grid Main Trust Fund
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: 209010
Fund: 4030 Water Distribution Main Trust Fund
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: 209020
RECOMMENDATION:
The request is in accordance with UDC Section 8.5.2 Wastewater Trust Fund and the wastewater
masterplan. The installation of this wastewater lift station, force main, and collection line will
provide wastewater service to the planned development location and will help foster the
development of the vacant property in the area surrounding the applicant’s property. Staff
recommends approval of the applicant’s request.
LIST OF SUPPORTING DOCUMENTS:
Ordinance (with exhibit)
Presentation
Location Map
Ordinance authorizing a Wastewater Lift Station Construction and
Reimbursement Agreement with Peterson Properties, Ltd to construct
wastewater lift station for a planned commercial development located on
Westpoint Road and Highway 358 with a completion date within 24 months;
transferring $520,000 from the Water Arterial Transmission and Grid Main
Trust Fund, and $40,000 from the Water Distribution Main Trust Fund to
the Wastewater Trunk System Trust Fund; and appropriate $712,412.82
from the Wastewater Trunk System Trust Fund to reimburse the Developer
per the agreement.
WHEREAS, the Developer, has submitted a plat named Westpoint Crossing
Unit 2, Block 2, Lot 1, to wit: approximately 6.91 acres out of Lot 16, Section 5, Range
VIII of the Gugenheim & Cohen’s Farm Lots;
WHEREAS, under the UDC, the Developer is responsible for construction of the
lift station, wastewater force main, and master planned collection line (“Lift Station,
Force Main and Collection Line”);
WHEREAS, under the UDC, the Developer is eligible for reimbursement of the
Developer's costs for the construction of the Lift Station, Force Main and Collection
Line;
WHEREAS, it is to the best interest of the City that the Lift Station, Force Main
and Collection Line be constructed to its ultimate capacity under the City’s applicable
Master Plan;
WHEREAS, Section 8.5.2.E.4 of the UDC authorizes the acceptance of
applications to be eligible for reimbursement in the future when funds become fully
available in the Wastewater Trunk System Trust Fund and are appropriated by the City
Council; and
WHEREAS, after a public hearing pursuant to UDC §8.5.2.I & §8.5.1.C.4, City
Council finds the transfer of $520,000 from the 4030-21805 Water Arterial Transmission
and Grid Main Trust Fund and $40,000 from the 4030-21806 Water Distribution Main Trust
Fund to the No.4220-21800 Wastewater Trunk System Trust Fund is necessary to better
carry out the purposes of this Unified Development Code.
WHEREAS, the Developer has submitted an application for reimbursement of
the costs from the Wastewater Trunk System Trust Fund for installing the Lift Station,
Force Main and Collection Line; and
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 a Lift Station
Const ruction and Reimbursement Agreement (Agreement) attached hereto, with
Peterson Properties, Ltd for the construction and installation of a lift station, 8-inch
wastewater force main line, and 12-inch master planned collection line, for the
development of the property known as Westpoint Crossing Unit 2, Block 2, Lot 1,
Corpus Christi, Texas.
SECTION 2. Funding in the amount of $520,000 is transferred from the No. 4030-
21805 Water Arterial Transmission and Grid Main Trust to the No.4220-21800
Wastewater Trunk System Trust Fund.
SECTION 3. Funding in the amount of $40,000 is transferred from the No. 4030-
21806 Water Distribution Main Trust to the No.4220-21800 Wastewater Trunk
System Trust Fund.
SECTION 4. Funding in the amount of $712,412.82 is appropriated from the
No.4 220-21800 Wastewater Trunk System Trust Fund, to reimburse the Developer
for the construction o f a lift station, 8-inch wastewater f orce m ain line, 12-inch
master planned collectio n line, and construction improve ments in accordance with
the Agreement.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter _____________
Roland Barrera ________________ Ben Molina _____________
Rudy Garza ________________ Everett Roy _____________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
___________________ _____ ________________
Rebecca Huerta Joe McComb
City Secretary Mayor
Exhibit 1
Exhibit 3
i
TABLE OF CONTENTS
EXECUTIVE SUMMARY
SECTION I INTRODUCTION
SECTION II PROPOSED IMPROVEMENTS
A. GRAVITY SANITARY SEWER
B. LIFT STATION
C. FORCE MAIN
SECTION III GRAVITY PIPE AND FORCE MAIN ALIGNMENT
A. LOCATIONS AND ALIGMENT FOR PROPOSED SEWER LINES
B. CROSSINGS
SECTION IV LIFT STATION DESIGN CRITERIA
A. SERVICE AREA AND SITE SELECTION
B. DESIGN FLOW
C. LIFT STATION DESIGN
D. STORAGE CAPACITY
SECTION V BASIS OF DESIGN
A. PROPOSED WEST POINT LIFT STATION INTERIM FLOWS
B. PROPOSED WEST POINT LIFT STATION FUTURE FLOWS
C. EXISTING FM 665 LIFT STATION
SECTION VI WORK PLAN
SECTION VII CONSTRUCTION REQUIREMENTS
EXHIBITS: A Master Plan Map
ES-1
EXECUTIVE SUMMARY
The following is the Executive Summary for the plan submission for the West Point
Crossing Sanitary Sewer Improvements. This project involves the installation of one
sanitary sewer duplex lift station, gravity sanitary sewer, and 10” force main.
There is a proposed development located at the west corner of West Point Road and
North Padre Island Drive intersection. Currently there is no gravity sanitary sewer in this
area. There is a 6” diameter sanitary sewer force main adjacent to the proposed
development. The 6” force main was installed in 2016 and runs between the existing
FM 665 Lift Station on Old Brownsville Road and a gravity sanitary sewer manhole
located near the intersection Bush Street and Hendricks Street. As part of the proposed
improvements, the proposed West Point Lift Station will intercept the existing 6” force
main. A short gap will be cut into the existing 6” force main at the proposed lift station
site. At the upstream end of the force main gap, a new 5’ diameter site manhole will be
installed to direct the existing 6” force main flow to the proposed West Point Lift Station.
The proposed West Point Lift Station discharge piping will connect to the downstream
end of the 6” force main gap.
The existing 6” force main runs between the existing FM 665 Lift Station on Old
Brownsville Road (FM 665) and a discharge point at a manhole at the intersection of
Hendricks Street and Bush Street, please see attached Master Plan exhibit. The
proposed West Point Lift Station will be installed at a location on West Point Road
approximately 750 feet to the west of the South Padre Island Drive and West Point Road
Intersection. The proposed West Point Lift Station will pump in series with the existing
FM 665 Lift Station. The proposed West Point Lift Station will have an interim phase and
a future phase. The design flow for the interim phase is approximately one half of the
future flow. The design flow for the interim phase is 674 gpm and the design flow for the
future phase is 1,348 gpm. The interim flow of 674 gpm will maximize the use of the
existing 6” force main. Any flow greater than 674 gpm will produce too high of velocities.
The proposed lift station will have a 10” diameter discharge header piping and will pump
into the existing 6” diameter force main. Before the West Point Lift Station is upgraded
with the future pumps, the future 8” diameter force main will need to be constructed. The
future 8” force main will be installed in a 10 foot wide utility easement along West Point
ES-2
Road, North Padre Island Drive, and Bush Street and will parallel the alignment of the
existing 6” force main that is currently in service. Design of the force main will follow
criteria established by TCEQ in TAC 30 Chapter 217. Material for the force main line will
be PVC (Green, C-900, DR 25, pressure class 165 psi). Pipe embedment and trench
backfill will conform to applicable City of Corpus Christi standards.
The lift station structure and discharge piping will be built for the future flow. The
proposed West Point Lift Station will be a duplex and have a 10’ diameter x 25’ deep
fiberglass wet well. Future development in this area will dictate when the lift station will
need to be upgraded to be able to handle the future flow. Please see Exhibit A for the
proposed services areas. Design of the proposed lift station will follow criteria
established by TCEQ in TAC 30 Chapter 217 and will conform to the City of Corpus
Christi standards for lift station construction. A basis of design including size, capacity
and pumps is included in Section IV of this Design Memorandum.
The proposed project would include approximately 50 linear feet of 8” diameter gravity
sanitary sewer to be built at master plan depths (Un-adopted City of Corpus Christi
Wastewater Collection Master Plan, Greenwood WWTP Service Area, Area 5). The
proposed gravity sanitary sewer will start with an upstream point near the proposed
development near the West Point Road and South Padre Island Drive intersection and
will extend from that point west where it will tie into the proposed West Point Lift Station.
I-1
Section I - INTRODUCTION
A. PURPOSE
The purpose of this project is to construct sanitary sewer infrastructure
improvements for a proposed development. The proposed sanitary sewer
infrastructure includes gravity sanitary sewer line, a lift station, and a future 8” force
main.
There is a proposed development for a tract of land at the west corner of the South
Padre Island Drive and West Point Road intersection. Currently there are no
gravity sanitary sewer lines in this area. There are existing gravity lines on the
north side of South Padre Island Drive, but there are no existing gravity sanitary
sewer infrastructure on the south side of South Padre Island Drive in this area.
There is an existing 6” diameter sanitary sewer force main on the north side of
West Point Road.
There currently is an unadopted wastewater collection plan for this area. As part of
the collection plan there is a proposed lift station and force main. As part of the
proposed improvements, a segment of the permanent gravity sanitary sewer will be
constructed. The downstream end of the proposed segment will discharge into the
proposed sanitary sewer lift station.
The proposed improvements as part of this project will provide sanitary sewer
service to not only the proposed development at the South Padre Island Drive and
West Point Road intersection but will also serve future developments along West
Point Road and South Padre Island within the service area of the new lift station
(see attached Exhibit A for service area boundary map).
II-1
Section II - PROPOSED IMPROVEMENTS
A. GRAVITY SANITARY SEWER
1. 10” and 8” diameter PVC
All proposed PVC gravity lines will be installed at master plan depths.
2. Manholes
Manholes for this project will be spaced at a maximum of 500’ apart per
TCEQ Chapter 217 requirements. The upstream manholes less than 14’
deep will be 4’ diameter. The downstream manholes 14’ and deeper will be 5’
in diameter. Manhole wall thickness and construction will conform to City of
Corpus Standard Details and Specifications.
B. LIFT STATION
1. Pumps and Accessories
The proposed lift station is a duplex lift station, two pumps will be installed,
with one pump handling the design flow and the other pump acting as a
backup pump. The lift station will initially have 60 horsepower interim pumps.
When flows increase and the interim pumps near capacity, there are two
options. The interim pump and the future pump use the same motor and
volute but have different impellers. The volute is the lower portion of the
pump that covers the impeller. The impeller is the internal rotating part of the
pump that forces the waste water into the discharge piping. The first option
is, if the overall condition of the pump is good, only the impeller would need to
be replaced. The second option is, if the overall condition of the pump is poor
and is need of replacement, the entire pump would be replaced and new
pumps with the higher capacity impeller would need to be installed.
2. Wet Well
The proposed wet well will be 10’ in diameter and approximately 25’ deep and
will be made of fiberglass.
II-2
3. Lift Station Discharge Piping and Valves (above ground)
For ease of maintenance, the proposed lift station valves will be installed
above ground. All above ground discharge piping will be constructed with
ductile iron pipe, fittings, and valves.
4. Wet Well Ventilation
The proposed lift station will have passive ventilation per TCEQ Chapter 217
Regulations. The passive ventilation will consist of a 6” PVC pipe with a
stainless steel bird screen.
5. Flow Meter
The proposed lift station will include a flow meter to measure flow through the
discharge piping. The flow meter will be installed in a fiberglass manhole
adjacent to the lift station wet well downstream of the above ground discharge
piping.
6. Odor Control
Due the semi-rural location of the proposed lift station, no odor control
systems will be installed at the lift station site.
7. Miscellaneous Site Improvements
The proposed lift station will have a 6’ tall wood picket fence with three
strands of barbed wire. There will be a 3’ wide personnel gate and a 12’ wide
main gate to allow for vehicular entry. The lift station will include a 12’ wide
concrete driveway that will be installed between the West Point Road edge of
pavement and the top slab of the lift station wet well.
C. FORCE MAIN
1. Force Main Piping
The future 8” diameter sanitary sewer force main will be constructed of PVC
(green, C-900, DR 25, pressure class 165 psi). The proposed force main will
be installed with a minimum of 2’-6” of ground cover.
2. Line Valves
Live valves for isolation of the force main will be installed at maximum 2,000’
intervals.
III-1
Section III - GRAVITY PIPE AND FORCE MAIN
ALIGNMENT
A topographic survey will be performed to identify existing conditions, utilities and other
possible obstructions.
A. LOCATIONS AND ALIGNMENT FOR PROPOSED SEWER LINES
The proposed gravity sewer line and the future 8” force main will be installed in
utility easements outside of the existing street right of ways. The proposed gravity
sanitary sewer will be installed within a 20’ proposed utility easement outside of the
West Point Road right of way. The future 8” force main will be installed within an
existing 10’ wide utility easement outside of the right of ways of West Point Road,
North Padre Island Drive, and Bush Street. A segment of the future 8” force main
will cross the West Point Road right of way (near South Padre Island Drive) in order
to switch sides of the street. Also, approximately 115’ feet of the future 8” force
main will be installed in the Bush Street/Hendricks Street right of way in order to tie
to an existing manhole on the existing gravity sewer system near the Bush Street
and Hendricks Street intersection.
B. CROSSINGS
The future 8” force main will cross existing City gas lines.
1. Utilities
a. Electrical:
There are overhead electrical lines at various locations along the
proposed force main route. To the best of our knowledge, all electrical
lines are above ground and will not interfere with the installation of the
proposed force main.
b. Telephone and Fiberoptics:
It does not appear that there will be any crossing of telephone or
fiberoptic lines.
c. Water:
A preliminary investigation indicates that there will not be any crossing
of existing water lines.
III-2
d. Sewer (Wastewater):
A preliminary investigation indicates that there will not be any crossing
of existing sewer lines.
e. Gas Utility:
A preliminary investigation indicates that there will one crossing of an
existing City gas line.
f. Petroleum and Other Petrochemical Lines:
A preliminary investigation indicates that there will not be any crossing
of existing petroleum or petrochemical lines.
IV-1
Section IV – LIFT STATION DESIGN CRITERIA
A. SERVICE AREA AND SITE SELECTION
The proposed West Point Lift Station is designed to serve approximately 483.3
acres of land with various uses and build out rates that include low density
residential, light industrial, and commercial development. See Exhibit A for a map
of the area that the proposed West Point Lift Station will serve.
As shown in Exhibit A, the existing FM 665 Lift Station will pump to the proposed
West Point Lift Station.
The proposed West Point Lift Station will be located approximately 750 feet to the
west of the West Point Road and South Padre Island Drive intersection on the north
side of West Point Road. The lift station will be located in an easement outside of
the street right of way.
B. DESIGN FLOW
The design flow for the proposed temporary lift station was calculated by
determining the land use for the various parcels of land within the lift station service
area per the Waste Water Collection System Master Plan, applying the master plan
flow rate per land use type and then totaling the flows. A peaking factor of 4 was
used and 400 gallons/day/acre was used for infiltration.
C. LIFT STATION DESIGN
The lift station will be designed using the criteria set forth in Chapter 217 of TAC
30. The primary design consideration for lift stations is given to wet well volumes.
The wet well will be constructed of fiberglass and will be 10’ diameter by
approximately 25’ deep.
The wet well volume required was calculated using the following formula:
V = (T * Q) / (4 * 7.48)
where T is the pump cycle time in minutes and Q is the peak flow in gallons per
minute. This formula is used to calculate wet well volumes when the pump
capacity is equal to the peak flow. Using a pump cycle time of 10 minutes (or 6
IV-2
pump starts per hour) and a peak flow of 1,348 gpm, the wet well volume required
is 450.53 cubic feet (or 5.74 vertical feet inside of the 10 foot diameter wet well).
The lift station will be designed using Flygt (Xylem) submersible centrifugal pumps.
The pump motors would be 3-phase, 460V, 60 Hz.
The future force main will be 8” diameter green PVC, DR-25, pressure class 165
psi, and will be approximately 2,900 feet in length.
D. STORAGE CAPACITY
According to TAC 30 Chapter 217, storage capacity must be provided for 20
minutes of peak flow in the event of a power outage to prevent the release of
untreated wastewater. This storage can be provided in the wet well volume and
influent gravity line collection system.
V-1
Section V - BASIS OF DESIGN
The proposed West Point Lift Station is designed for an interim phase and a future
phase. The interim phase lift station will handle flows contributed from the existing FM
665 Lift Station, the proposed development at the corner of West Point Road and
South Padre Island Drive, and other developments. After completing a computer
model of the wastewater pressure system, the interim pumps, with one pump running,
will be able to provide a flow of 674 gpm. The interim pumps would be 60 horsepower
submersible pumps.
The interim pumps would serve the area until future flows increase and require the
pumping capacity of the lift station to be increased. When the pumping capacity needs
to be increased, first, the proposed 8” sanitary sewer force main would have to be
constructed. Second, the interim pumps would have to be upgraded. As previously
stated, the interim pump and future pump use the same motor and volute but have
different impellers. The impeller is the internal rotating part of the pump that forces the
waste water into the discharge piping. At the time of increasing the pump capacity
from interim to future, there are two options. The first option is, if the overall condition
of the pump is good, only the impeller would need to be replaced. The second option
is, if the overall condition of the pump is poor and is need of replacement, the entire
pump would be replaced and new pumps with the higher capacity impeller would need
to be installed.
After completing a computer model of the wastewater pressure system, the future
pumps, with one pump running, will be able to provide a total flow of 1,348 gpm. The
future pumps would be 60 horsepower submersible pumps.
A. PROPOSED WEST POINT LIFT STATION - INTERIM FLOWS
Total Interim Flow = 674 gpm
Pumping Condition = 129 feet total dynamic head
Pump = 60 horsepower
B. PROPOSED WEST POINT LIFT STATION – FUTURE FLOWS
Total Peak Future Flow = 1,348 gpm
Pumping Condition = 66 feet total dynamic head
Pump = 60 horsepower
C. EXISTING FM 665 LIFT STATION
The existing FM 665 Lift Station was built in 2016 and was designed with an
interim phase and a future phase. The lift station is currently configured and
V-2
operating in the interim phase and the existing pumps have a capacity of 230
gpm and are 5 horsepower.
The total peak future flow for the FM 665 lift station is 620 gpm at 118 feet total
dynamic head. The future pumps would be 34 horsepower submersible pumps.
VI-1
Section VI - WORK PLAN
A. SURVEYS AND PLAN PREPARATION
1. Datum
All work on this project (surveys, plans) will be on the Texas State Plane
Coordinate System, NAD 83, South Zone (City Standard Datum).
2. Ground Surveys
Ground elevations and validation of general land features shall be made to
determine trench depths, utility locations and other obstructions. Specific
areas of concern such as major channels and street crossings will require
more than the normal surveys to identify topographic variations and other
sub-surface structures.
3. Drawings
Drawings will be completed in accordance with the City of Corpus Christi's
Standards, properly coordinated with the project specifications and other
details and arranged in such a fashion as to allow the Contractor to accurately
estimate the cost of the project and construct it.
All drawings will be produced electronically using a computer aided drafting
design (CADD) package.
Horizontal and Vertical Scale: The scale recommended and utilized on this
project shall be 1"= 40' horizontal, 1" = 4' vertical.
All pipeline plan and profile sheets will be so arranged as to read from left to
right with the project beginning at the proposed lift station.
Where possible, plan views will be oriented with the north to either the top or
left of the sheet.
VII-1
Section VII - CONSTRUCTION REQUIREMENTS
A. DISPOSAL OF EXCESS SITE EXCAVATION MATERIAL
All excess excavation material shall be disposed of by the Contractor. Provisions
shall be provided in the Contract Documents to direct the Contractor in proper
disposal of contaminated soil.
B. RESTORATION
Fields and ditches shall be seeded or sodded to prevent erosion.
All driveways and pavements shall be repaired.
C. STORM WATER POLLUTION PREVENTION PLAN
A storm water pollution prevention plan shall be incorporated into the Contractor's
work plan to minimize pollution entering the storm sewers along the project
(including open drainage ditches). Specific emphasis shall be made near street
intersections and large drainage facilities where access to and from the work area
shall be critical.
D. EROSION CONTROL
There are no specific areas where the force main installation shall cause erosion of
property. Therefore, no specific erosion control measures are recommended,
beyond the City Standard Stormwater Pollution Prevention Plan.
E. TRAFFIC CONTROL PLAN
A Traffic Control Plan will be provided in accordance with standard City
specifications and latest edition of the Texas Uniform Manual on Traffic Control
Devices.
STATEOFTEXASPROFESSIONALENGI
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Exhibit 5
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0 250 500 750125Feet
LOCATION MAP
Date Created: 3/13/2020Prepared By: ReyRDepartment of Development Services
SUBJECTPROPERTY
Westpoint Crossing Unit 2Block 2, Lot 1
Map Scale: 1:5,000
Reimbursement Agreement
with Peterson Properties, Ltd
Reimbursement Agreement
City Council
October 27, 2020
Vicinity Map
N
Project Map
N
Service Area Map
N
Area to be served by
the new lift station
New lift station location
5
Trust Fund Balance
Available Combined Trust Funds Balance as of 8/31/20 as reported
by Finance is: $ 1,051,899.27
Individual Trust Fund balance break down:
Water Arterial
Transmission & Grid
Main Trust
Water Distribution
Main Trust
Sanitary Sewer
Trunk System Trust
Sanitary Sewer
Collection Line Trust
$684,139.70 $44,243.97 $264,394.17 $59,121.43
6
Recommendation
Approval
The reimbursement request submitted by the applicant is in
accordance with UDC Section 8.5.2 Wastewater Trust Fund, and
the applicant has paid the required processing fee for the
reimbursement agreement.
7
Wastewater Master Plan
Proposed
Lift Station
8
Preliminary Plat
DATE: October 14, 2020
TO: Peter Zanoni, City Manager
THRU: Michael Rodriguez, Chief of Staff
michaelrod@cctexas.com
(361) 826-3732
FROM: Jeffrey Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Jim Davis, Director of Asset Management
jimd@cctexas.com
(361) 826-1919
CAPTION:
Ordinance authorizing the City of Corpus Christi to exercise an Option to Purchase the Frost Bank
building and adjacent lots located at 2402 Leopard Street from Frost National Bank based on a 20 year
lease purchase agreement entered into in 2000 in an amount of $0.00 and authorizing the execution of
the Option to Exercise Fee payment in an amount of $1,000.00 with FY 2021 funding available from
the Development Services Fund and Fire Administration General Fund.
SUMMARY:
This ordinance authorizes the City of Corpus Christi to exercise the Option to Purchase Agreement for
the purchase of the Frost Bank building and land located at or near 2402 Leopard Street from Frost
National Bank and to authorize execution of documents to complete the closing for the purchase in
an amount of $0.00 and the Option to Exercise Fee payment in an amount of $1,000.00. The purchase
would allow the City to continue daily operations for the following departments: Development Services,
Fire, and the Emergency Operations Center.
BACKGROUND AND FINDINGS:
In May 2000, the City of Corpus Christi and Frost National Bank entered into two agreements to lease
and an option to purchase the Bank property and land located at or near 2402 Leopard Street. The
Frost Bank building is a four-story building that is located on a 2.67-acre parcel with approximately
53,000 square feet of office space. Additionally, there is an adjacent 1.3098 acres of vacant parcels
located near the building with a total lot acreage of 3.98 acres. Currently, the Frost Bank building is
Authorization to Exercise Option to Purchase Frost Bank Building and Adjacent
Lot
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of October 27, 2020
Second Reading Ordinance for the City Council Meeting of November 10, 2020
occupied by the City’s Development Services Department, Fire Department, and the Emergency
Operations Center for daily operational use. The City pays a square footage rental rate of $3.67 and
utilizes 41,289 square feet for office space, totaling an amount of $12,627.55 monthly and $151,530.63
annually. The City is responsible for all repairs and maintenance to the building, and for the pro rata
portion of taxes and insurance paid by Frost Bank. Attachment 1 provides an aerial view of the Bank
building that identifies the areas of the building used by the City. The second attachment depicts the
lots to be acquired (see shaded areas). The building is currently appraised by Nueces County Appraisal
District at $1,163,415.00 and the land to be acquired is appraised at $116,346.00 with the total property
appraisement value of $1,279,761.00.
In addition to City operations, Frost Bank conducts daily operations from a portion of the building located
on the first floor. If the City exercises the Option to Purchase Agreement, Frost Bank will have the
option to lease up to 11,301 square feet from the City at the square footage rental rate of $3.67 for a
five-year term, with up to two additional five-year term extensions at market rental rate value to be
negotiated at the time of the renewals. Frost Bank representatives have indicated they plan to continue
operations at the building within the same footprint currently used for operations.
The Agreement requires the City provide a copy of the ordinance authorizing the City’s acquisition of
the property pursuant to the Option to Purchase Agreement and evidencing the authority of the persons
signing any documents to be executed at the closing. The City must exercise its option to purchase
the building and land by providing notice to Frost Bank within the exercise period of June 1, 2021
through July 31, 2021 plus providing payment of the $1,000.00 option fee. Additionally, if the City sends
notice on the earliest date of June 1, 2021 to exercise the Option to Purchase Agreement, then the
transaction will close on July 2, 2021 at which time the City will take ownership.
ALTERNATIVES:
The alternative would be for the City not to proceed with the Option to Purchase Agreement for
the Frost Bank Building and land located at or near 2402 Leopard Street. By doing so, the City
will have to negotiate a new lease agreement with The Frost National Bank or relocate the City
Departments that are at the Frost Bank Building to another location.
FISCAL IMPACT:
The fiscal impact for FY2021 is an amount of $1,000.00 for the Option to Exercise Fee of the purchase
of the Frost Bank building and the lots located at or near 2402 Leopard St. with funding available from
the Development Services Fund and Fire Administration General Fund.
Funding Detail:
Fund: Development Services (Fund 4670)
Mission Elem: (281)
Organization: Inspection Operations (12201)
Project No.: N/A
Account: Professional Services (530000)
Activity: N/A
Amount $500
Fund: General Fund (Fund 1020)
Mission Elem: (093)
Organization: Fire Administration (12000)
Project No.: N/A
Account: Professional Services (530000)
Activity: N/A
Amount $500
RECOMMENDATION:
Staff recommends that the City exercise its Option to Purchase the Frost Bank Building and land located
at or near 2402 Leopard Street for a purchase amount of $0.00 with the Option to Exercise payment
fee in an amount of $1,000.00 during the exercise period of June 1, 2021 through July 31, 2021.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Option to Purchase Agreement (Authorized on May 30, 2000)
Lease Agreement (Approved on May 30, 2000)
First Amendment to Lease Agreement
Letter to Frost Bank
Maps
Attachment 1: Aerial View of the Frost Bank Building with Identified Areas used by the City
Attachment 2: Additional Lots to be Acquired (see shaded areas)
Ordinance authorizing the City of Corpus Christi to exercise an Option to Purchase
the Frost Bank building and adjacent lots located at 2402 Leopard Street from Frost
National Bank based on a 20 year lease purchase agreement entered into on May 30,
2000 in an amount of $0.00 and authorizing the execution of the Option to Exercise
Fee payment in an amount of $1,000.00 with FY 2021 funding available from the
Development Services Fund and Fire Administration General Fund.
Whereas, on May 30, 2000, the City Council authorized the City Manager or his designee to
execute a Lease Agreement and an Option to Purchase contract (the “Option Contract”) with
Frost National Bank regarding the Frost Bank Building located at 2402 Leopard Street and
the land on which the building is situated and Lots 1a, 2, 3, 4 and 5, Block 1, Nelson Addition
No. 2
Whereas, the Option Contract granted the City the exclusive right and option to purchase the
following described property as defined in Section 1.1 of the Option Contract, herein
collectively called the “Property”:
“(a) The tracts of land (the “Land”) located in Nueces County, Texas, that is described
on Exhibit A attached hereto and incorporated herein for all purposes;
(b) All right, title and interest of The Frost National Bank, (“Optionor”) if any, in, to and
under all easements benefitting the Land or the Improvements (as hereinafter
defined); and
(c) All right, title and interest of Optionor, if any, in and to all rights and appurtenances
pertaining to the Land including any right, title and interest of Optionor in and to
adjacent streets, alleys or rights-of-way; and
(d) All improvements consisting of buildings (the “Improvements”) in and on the Land;
and
(e) All of Optionor’s right, title and interest, if any, in and to all leases which are listed
in Exhibit B (None listed);
(f) All of Optionor’s right, title and interest, if any, in all appliances, fixtures, equipment,
machinery, carpet, drapes and other personal property, if any, located on or about the
Land and the Improvements or used exclusively in the operation ad maintenance
thereof, but specifically excluding Optionor’s furniture and trade fixtures (excluding
without limitation, Optionor’s banking equipment, computer systems, file systems and
telephone switch) (the “Tangible Personal Property”); and
(g) All of Optionor’s right, title and interest, if any, in all intangible property (the
“Intangible Property”), if any, pertaining to the Land, the Improvements, or the Tangible
Personal Property or the use thereof, including without limitation, transferable utility
contracts, transferable telephone exchange numbers, plans and specifications,
engineering plans and studies, floor plans and landscape plans.”
NOW, THEREFORE, 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 all documents
necessary to exercise the option to purchase the Property as defined herein which is located
at or near 2402 Leopard Street in accordance with the Option Contract in an amount of $0.00
plus payment of the Option Exercise Fee of $1,000.00.
SECTOIN 2. The City Manager or his designee is a uthorized to execute all documents
necessary to complete the closing for the purchase of the Property as defined herein in
accordance with the Option Contract.
The foregoing ordinance was read for the first time and passed to its second reading on this the
___________ day of _________________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter ______________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
The foregoing ordinance was read for the second time and passed finally on this the
_____________day of_____________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter ______________
Roland Barrera ____________ Ben Molina ____________
Rudy Garza ____________ Everett Roy ____________
Paulette M. Guajardo ____________ Greg Smith ____________
Gil Hernandez ____________
PASSED AND APPROVED ____________ day of ________________, 2020.
ATTEST:
_______________________ ______________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
EXHIBIT A
LEGAL DESCRIPTION FOR THE LAND AS DEFINED IN THE OPTION
CONTRACT
TRACT I:
LOTS ONE (l ), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8),
NINE (9), TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14)
AND FIFTEEN (15), BLOCK ONE (1), THE HIGHLANDS ADDITION, situated in the City of
Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume 3, Page 58,
Map Records of Nueces County, Texas, to which reference is here made for all pertinent
purposes;
SAVE AND EXCEPT, HOWEVER, the South Ten Feet (S.10') of Lots 1 & 2, Block 1, The -
Highlands Addition, conveyed to the City of Corpus Christi by Deed date d February 14,
1927, for the widening of Leopard Street, recorded under Clerk's File No. 45768, Volume
179, Page 59, Deed Records of Nueces County, Texas; and further
SAVE AND EXCEPT, HOWEVER, the South Ten Feet (S.10') of Lots 3, 4 & 5, Block 1 ,
The Highlands Addition, conveyed to the City of Corpus Christi by Deed dated December
10, 1926, for the widening of Leopard Street, recorded under Clerk's File No. 45762,
Volume 179, Page 55, Deed Records of Nueces County, Texas; and further
SAVE AND EXCEPT, HOWEVER. the South Ten Feet (S.10') of Lots 6 & 7, Block 1, The
Highlands Addition, conveyed to the City of Corpus Christi by Deed dated December 9,
1926, for the widening of Leopard Street, recorded under Clerk's File No. 45763, Volume
179, Page 56, Deed Records of Nueces County, Texas.
TRACT II:
LOT ONE-A ( 1-A), BLOCK ONE ( I ), NELSON ADDITION NO. 2, an Addition situated in
the City of Corpus Christi, Texas, as shown by the map or plat thereof, recorded in Volume
26, Page 57, Map Records of Nueces County, Texas, to which reference is here made for
all pertinent purposes.
TRACT III:
LOTS TWO (2), THREE (3), FOUR (4) AND FIVE (5), BLOCK ONE (1), NELSON ADDITION
NO. .2, situated in the City of Corpus Christi, Texas, as shown by the m ap or plat thereof,
recorded in Volume 1 , Page 18, Map Records of Nueces County, Texas, to which reference
is here made for all pertinent purposes.
SAVE AND EXCEPT, HOWEVER, the South Ten Feet (S.10') previously conveyed to the
City of Corpus Christi, Texas, as referenced in Deed dated January 21, 1984, from Ruth
Slaka Sheinberg to Citizens State Bank of Corpus Christi, recorded under Clerk's File No.
255917, Volume 1809, Page 647, Deed Records of Nueces County, Texas.
SAVE AND EXCEPT, HOWEVER, the Sou th Ten Feet (S.1O') conveyed to the City of
Corpus Christi, Texas, by Deed dated December 10, 1926, from T. M. Lawrence,
recorded under Clerk's File No. 45663, Volume 179, Page 55, Deed Records of Nueces
County, Texas, affecting Lots 4 & 5, Block 1, Nelson Addition No. 2.
Project Location Map
Aerial View of the Frost Bank Building with Identified Areas used by the City
Additional Lots to be Acquired (see shaded areas)
DATE: November 10, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
(361) 886-2603
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Resolution authorizing the purchase of 45 replacement ticket writers, hand straps
and warranty from Tyler Technologies-Brazos, College Station, TX, used for the
issuing of electronic tickets for traffic and parking violations in an amount of
$72,315.00 for use by the Parking Control Enforcement Officers and Police
Department Traffic Officers, with FY 2021 funding in the amount of $24,534.00
from the 2018 Edward Byrne Memorial Justice Assistance Grant, and $47,781.00
from the General Fund.
SUMMARY:
This resolution approves the purchase of 45 electronic ticket writers to be used by the
Police and Parking Control Unit.
BACKGROUND AND FINDINGS:
The current inventory of ticket writers has reached end of life. The devices are used by
Parking Enforcement Officers and Police Department Traffic Officers for the issuing of
electronic tickets for traffic and parking infractions. The electronic ticketing automates the
process, issuing citations within minutes and eliminating human errors and paperwork
and enhancing officer safety with less time spent outside their vehicle. Productivity is
increased because officers can issue citations more quickly with greater accuracy and
fewer errors that can invalidate tickets. The data is downloaded into electronic citation
Purchase of Ticket Writers
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
software and transmitted to Municipal Court for processing. Tyler Technologies -Brazos
which the court uses for the Incode program software integrates with the Brazos Ticket
Writer software via an interface, which is also owned by Tyler Technologies -Brazos.
This is a sole source purchase as the software is unique to Tyler Technologies -Brazos
and is the only company authorized to sell the software.
ALTERNATIVES:
An alternative is not to provide officers with automated devices. The majority of parking
and traffic enforcement citations generated are processed through the current ticket
writers.
FISCAL IMPACT:
The fiscal impact for FY 2021 is appropriating $24,534.00 through the 2018 Edward Byrne
Memorial Justice Assistance Grant, and $47,781.00 through the FY 2020 General Fund.
FUNDING DETAIL:
Fund: 1061 Grants Fund
Organization/Activity: 820822F 2018 Edward Byrne Memorial Justice
Assistance Grant
Mission Element: 155 Enforce traffic laws
Project # (CIP Only): n/a
Account: 520090 Minor Tools and Equipment
Cost: $24,534.00
Fund: 1020 General Fund
Organization/Activity: 11860 Parking Control
Mission Element 155 Enforce traffic laws
Project# (CIP Only): n/a
Account: 520090 Minor Tools and Equipment
Cost: $47,781.00
RECOMMENDATION:
Staff recommends appropriating the funds and authorizing the purchase of 45 ticket
writers, hand straps and five-year warranty from Tyler Technologies-Brazos as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Price Sheet
Service Agreement
Page 1 of 2
Resolution authorizing a five-year service agreement for the purchase
of 45 ticket writers and hand straps with a five-year warranty from
Tyler Technologies-Brazos in the amount of $72,315.00 for use by
Parking Control Enforcement Officers and Police Department Traffic
Officers, with funding in the amount of $2,247.78 through the 2017
Edward Byrne Memorial Justice Assistance Grant, $24,534.00 through
the 2018 Edward Byrne Memorial Justice Assistance Grant and
$45,533.22 through the FY 2020 General Fund.
WHEREAS, Tyler Technologies-Brazos, will provide Ticket Writers Incode
software for Parking Control Enforcement and Police Department Traffic Officers;
WHEREAS, the Ticket Writers with Incode software will provide the Police
Department the ability to issue citations electronically and submit to Municipal Court for
processing;
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, there is a statutory exception for this procurement in Local
Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or
protect that public health and safety of the City’s residents;
WHEREAS, there is a statutory exception for this procurement in Local
Government Code, Section 252.022(a) (7) (A), as this purchase is available from only
one source due to special processes or patents.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this procurement.
Section 2. The City Manager, or designee, is authorized to execute all documents
necessary to secure a service agreement for the Ticket Writers with InCode software from
Tyler Technologies-Brazos for an amount not to exceed $72,315.00.
Page 2 of 2
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Rolando Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Cindy Ramos
Qty UOM Unit Price Total
45 EA 35.00$ 1,575.00$
45 EA 1,247.00$ 56,115.00$
45 EA 325.00$ 14,625.00$
72,315.00$
Tyler Technologies-Brazos
GRAND TOTAL
Panasonic, HH, N1, 8.1 w/data and voice
Panasonic, Warranty, Ultimate Care, 5 yr
Price Sheet
Ticket Writers
Description
Panasonic, N1, Hand Strap
DATE: November 10, 2020
TO: Peter Zanoni, City Manager
FROM: Tracey Cantu, Interim Director of Parks and Recreation
TraceyC@cctexas.com
361-826-3042
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
361-826-3169
CAPTION:
Motion authorizing a six-month service agreement with PlayCore Wisconsin, Inc. dba
GameTime for a total amount not to exceed $716,111.85 for the purchase and installation
of 11 playground units and shade structures, with funding available from the Bond 2018
Fund.
SUMMARY:
This motion authorizes a six-month service agreement for the purchase and installation
of 11 playground units and shade structures at 11 City parks.
BACKGROUND AND FINDINGS:
The selected park locations have been identified as having playground structures past
their useful service life or the amenity is currently nonexistent. Six of the eleven
playgrounds were identified through scheduled playground inspections as being unsafe
for use and need to be replaced. Additionally, playground structures in four of the
identified parks were demolished without a plan to replace and need new amenities to
revitalize the park. The table below provides more information on the playground
amenities. The Parks and Recreation Department also receives complaints and requests
from the public for improvements regarding the current condition of the playgrounds.
Playground installation also falls within the Park’s Master Plan and will ensure proper
improvements are made at the various City parks.
Installation of 11 Playgrounds and Shade Structures
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
Through Bond 2018 voters approved $750,000.00 be allocated to Playground
Improvement and the Parks and Recreation Department also received a grant from
GameTime for a 40% match for installation of the play structures. This grant will allow the
department to leverage the bond funds to install more play structures as well as include
concrete sub-base, pour and play fall protection, benches, and shade structures. The
project will be very similar to the existing 14 playground installations.
PARK LOCATION TYPE DIST PARK SCOPE
Officer Prieto 4000 Woodland Creek NP 1 Replace 20 y/o play unit
San Diego 3224 Niagara N 2 Install new – No current playground
Easley 2823 Devon N 2 Replace 30 y/o metal play unit
Carroll Lane 3600 Maple N 2 Install new – No current playground
Austin 3737 Hidalgo NP 3 Replace 30 y/o wooden play unit
Los Encinos 5800 Greenwood C 3 Replace 20 y/o play unit
Stonegate 4610 Bonner NP 3 Replace 30 y/o wooden play unit
Camargo 2702 Camargo NP 3 Install new – No current playground
Sgt. J.D. Boch 7327 Canadian NP 4 Replace 30 y/o wooden play unit
Lakeview 7110 Holly SUP 5 Install new – No current playground
Winrock 4930 Cedar Pass NP 5 Replace 30 y/o wooden play unit
N = Niche Park under 3 acres with a ¼ mile service radius
NP = Neighborhood Park, 3 to 10 acres with a 1-mile service radius
C = Community Park, 10 to 50 acres with a 3-mile service radius
SUP = Special Use Park designated for special use. (Park has a large duck pond)
Senior Officer Prieto Park San Diego Park
Easley Park Carroll Lane Park
Austin Park Los Encinos Park
Stonegate Park Camargo Park
Sgt. J.D. Boch Park Lakeview Park
Winrock Park Example: New Play Unit
This procurement is through the OMNIA Cooperative. Contracts awarded through the
OMNIA Cooperative have been competitively procured in compliance with Local and
State procurement requirements. This project will be a six-month service agreement and
if approved, installation should begin January 2021. Project is estimated to be completed
in July 2021.
ALTERNATIVES:
An alternative is to Purchase and install the playgrounds using the Bond 18 funds at a
later date. This would require a reduction in the number of parks that would benefit from
new playground equipment because the grant will expire and no longer be available to
use.
FISCAL IMPACT:
The fiscal impact in FY 2021 is an amount of $716,111.85 with funding available from the
Parks & Recreation 2020 Bond 18 Fund.
Funding Detail:
Fund: 3295 PK&RC2020 Bd18
Organization/Activity: 18036A3295EXPCP CAP PROG
Mission Element: 141 Manage & Maintain Parks & Rec Facilities
Project # (CIP Only): 18036 Park System Playgrounds
Account: 550030 Other Equipment
RECOMMENDATION:
Staff recommends approval of this motion authorizing a six-month service agreement with
PlayCore Wisconsin, Inc. dba GameTime as presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Price Sheet
City of Corpus Christi Contracts and
Procurement
Senior Buyer: Cindy Ramos
Qty UOM Unit Price Total
6 EA $27,923.00 $167,538.00
1 Lump Sum (68,986.28)$ -$68,986.28
6 EA $58.00 $348.00
6 EA $12,113.00 $72,678.00
1 Lump Sum $169,188.02 $169,188.02
5 EA $18,939.00 $94,695.00
1 Lump Sum (38,992.09)$ -$38,992.09
5 EA $7,689.00 $38,445.00
5 EA $58.00 $290.00
1 Lump Sum $112,699.75 $112,699.75
22 EA $685.00 $15,070.00
1 Lump Sum $4,500.10 $4,500.10
1 Lump Sum $127,315.14 $127,315.14
1 Lump Sum $10,959.00 $10,959.00
1 Lump Sum (3,785.79)$ -$3,785.79
1 Lump Sum $14,150.00 $14,150.00
$716,111.85
Discount
GRAND TOTAL
2020 Grant Matching Funds
GT-Shade 28'x28'x10' Square Hip Shade
Owners Kit
Installation of Spouts Units & Shades
6' Bench w/Back Inground
Insallation of Inground Benches
Poured in Place Surfacing-9,251 Sq Ft
Payment and Performance Bonds
Freight
2020 Grant Matching Funds
Owners Kit
GT-Shade 35'x30'x14' Rectangle
Installation of Surf's Up Units & Shades
Sprouts Unit
Price Sheet
Installation of 11 Playgrounds to Include Shade Structures
PlayCore Wisconsin, Inc. dba
GameTime
Description
Surf's Up Unit
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
SERVICE AGREEMENT NO. 3324
Installation of 11 Playgrounds to Include Shade Structures
THIS Installation of 11 Playgrounds to Include Shade Structures Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and PlayCore Wisconsin, Inc. dba GameTime
(“Contractor"), effective upon execution by the City Manager or the City Manager’s
designee (“City Manager”).
WHEREAS, Contractor has bid to provide Installation of 11 Playgrounds to Include
Shade Structures in response to Request for Bid/Proposal No. COOP USC 201700134
(“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 Installation of 11 Playgrounds to Include Shade
Structures (“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 6 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero-month periods (“Option
Period(s)”), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City’s
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$716,111.85, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City’s discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
DocuSign Envelope ID: 8911D9DE-2A16-4092-BAC1-AB2C4CBE2C4B
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form March 9, 2020
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: Jose Hernadez
Department: Parks & Recreation
Phone: 361-826-3986
Email: JoseHe@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
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12.Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City’s sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13.Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14.Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16.Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Roberta Rodriguez
Title: Contracts/Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3166
Fax: 361-826-3864
IF TO CONTRACTOR:
PlayCore Wisconsin, Inc. dba GameTime
Attn: Clint Whiteside
Title: Sales Administration Project Manager
Address: 544 Chestnut Street, Chattanooga, TN 37402
Phone: 423-425-3162:
Fax: 423-648-5903
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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 Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
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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.
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Kim Baker
Director of Contracts and Procurement
Date: _________________________
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. COOP USC 201700134
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 8911D9DE-2A16-4092-BAC1-AB2C4CBE2C4B
Sales Administration Project Manager
Clint Whiteside
11/5/2020
Page 1of 1
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
Contractor shall install 11 Playground Units with fall zone base and poured-in-place
(PIP) fall surfacing, benches, and shade structures at the parks listed below. All
installation shall be in accordance with the Public Playground Safety Handbook
latest edition produced by the U.S. Consumer Product Safety Commission.
2. Scope of Work
A. Installation of Surf’s Up Playground Units, Fall Zone Base with PIP Surfacing, Park
Benches (02 at each location) and Square Hip Shade Structures with Quick
Release System.
1. Locations:
Austin Park, 3737 Hidalgo St., Corpus Christi, TX 78405
Los Encinos Park, 5800 Greenwood Dr., Corpus Christi, TX 78417
Stonegate Park, 4610 Bonner Dr., Corpus Christi, TX 78411
Camargo Park, 2702 Camargo Dr., Corpus Christi, TX 78415
Sgt. J.D. Boch Park, 7327 Canadian Dr., Corpus Christi, TX 78414
Winrock Park, 4930 Cedar Pass Dr., Corpus Christi, TX 78413
2. Installation of playground units:
a. Contractor is responsible for grading subgrade for base installation for
pour in place surfacing.
b. Contractor shall Install playground units per manufactures instructions.
3. Contractor shall install a 961 SF concrete slab and is responsible for but, not
limited to:
a. All material and work to complete forming for concrete pad.
b. All material and work to complete reinforcing with wire mesh.
c. All material and work to complete placement and finishing of concrete.
d. All material and work to complete cleaning.
4. Contractor shall install 961 SF at required depth per fall height of one
poured in place rubber pad per park. The Contractor is responsible for,
but not limited to:
a. All material and labor to complete mixing of bonding agent and rubber
surfacing.
b. All material and labor to complete placement of pour in place rubber
pad.
5. Contractor shall install Quick Release Shade Structures to cover Surf’s Up
Units at all six locations.
a. Contractor shall provide engineered drawings with engineer stamp and
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wind certification for all 6 Shade Structures.
b. Contractor shall install Quick Release Shade Structures per
manufacturer’s instructions.
c. Contractor shall install shade posts outside of existing playground
perimeter.
d. Contractor shall contact Contract Administrator for canvas and post
colors.
6. Contractor shall provide and install two park benches at each playground
location. Benches will be installed on the concrete pad within the shade
structure.
7. If water is unavailable at the installation site a 30-gallon barrel and water
source will be provided at 5352 Ayers Bldg #4.
B. Installation of Sprout’s Playground Units, Fall Zone Base with PIP Surfacing, Park
Benches (02 at each location) and Square Hip Shade Structures with Quick
Release System.
1. Locations:
Senior Officer Prieto Park, 4000 Woodland Creek Dr., Corpus Christi, TX 78410
San Diego Park, 3224 Niagara St., Corpus Christi, TX 78416
Easley Park, 2823 Devon Dr., Corpus Christi, TX 78404
Carroll Lane Park, 3600 Maple St., Corpus Christi, TX 78411
Lakeview Park, 7110 Holly Rd., Corpus Christi, TX 78412
2. Installation of playground units:
a. Contractor is responsible for grading subgrade for base installation for
pour in place surfacing.
b. Contractor shall Install playground units per manufactures instructions.
3. Contractor shall install a 697 SF concrete slab and is responsible for, but not
limited to:
a. All material and work to complete forming for concrete pad.
b. All material and work to complete reinforcing with wire mesh.
c. All material and work to complete placement and finishing of concrete.
d. All material and work to complete cleaning.
4. Contractor shall install 697 SF at required depth per fall height of one
poured in place rubber pad per park. Contractor is responsible for, but not
limited to:
a. All material and labor to complete mixing of bonding agent and rubber
surfacing.
b. All material and labor to complete placement of pour in place rubber
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pad.
5. Contractor shall install Quick Release Shade Structures to cover Sprouts
Units at all five locations.
a. Contractor shall provide engineered drawings with engineer stamp and
wind certification for all 5 Shade Structures.
b. Contractor shall install Quick Release Shade Structures per
manufacturer’s instructions.
c. Contractor shall install shade posts outside of existing playground
perimeter.
d. Contractor shall contact Contract Administrator for canvas and post
colors.
6. Contractor shall provide and install two park benches at each playground
location. Benches will be installed on the concrete pad within the shade
structure.
7. If water is unavailable at the installation site a 30-Gal barrel and water
source will be provided at 5352 Ayers Bldg #4.
C. Special Requirements
1. Contractor shall schedule installations through the Contract Administrator.
2. Contractor shall provide all materials and labor to complete installation of
the 11 shade structures.
3. Contractor shall always maintain a clean and safe worksite.
4. Contractor shall clean worksite and haul excess dirt, debris, packaging,
etc., during and upon completion of shade structure installations.
5. Contractor shall contact Contract Administrator for line locations prior to
any digging.
6. Contractor shall be responsible for any damages to existing Playgrounds
during the installation of Shade Structures.
7. Contractor shall contact Contract Administrator for line locations prior to
any digging.
8. All material and labor to complete clean up, including offsite disposal of
spoils.
9. Damage to park grounds or amenities caused by Contractor negligence
will be the responsibility of the Contractor to repair.
10. Utility line location will be provided by the City of Corpus Christi.
3. Insurance and Bonds
Insurance will be required as outlined in the contract. Payment and Performance
bonds will also be required for 100% of the construction amount of the project.
Insurance and bonds must be maintained throughout the term of the contract.
DocuSign Envelope ID: 8911D9DE-2A16-4092-BAC1-AB2C4CBE2C4B
City of Corpus Christi
Attn: Joseph Johnson
5352 Ayers Building #4
Corpus Christi, TX 78415
Phone: 361-826-3464
JosephJ2@cctexas.com
Ship to Zip 78415
Quantity Part # Description Unit Price Amount
6 RDU GameTime - TM-08054-20-2A1 PT18031 Surf's Up Unit $27,923.00 $167,538.00
1 GRANT Other - 2020 GRANT Matching Funds ($68,986.28) ($68,986.28)
6 178749 GameTime - Owner's Kit $58.00 $348.00
6 QRI384 GT-Shade - GTRD303514IG-105-
35' x 30' x 14' Rectangle Hip Shade - Quick Release Fabric
$12,113.00 $72,678.00
1 INSTALL GameTime - Installation of Surf's Up Units & Shades-
Installation of (6) Individual Areas. Each area has (1) Surf's Up Unit, (1) Freestanding Shade, 961
SF Concrete Sub Base for PIP and 119 LN FT Concrete Curbs; Price also includes excavation; No
other site work, demolition or concrete work included. Acquisition of any and all permits is the sole
responsibility of the customer. Standard installation does not include any extra or additional
machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges
will apply.
$169,188.02 $169,188.02
5 RDU GameTime - TM-08054-20-2A2 Modified PS17030 Sprouts Unit $18,939.00 $94,695.00
1 GRANT Other - 2020 GRANT Matching Funds ($38,992.09) ($38,992.09)
5 QRI237 GT-Shade - GTSD282810IG-105-
28' x 28' x 10' Square Hip Shade - Quick Release Fabric
$7,689.00 $38,445.00
5 178749 GameTime - Owner's Kit $58.00 $290.00
1 INSTALL GameTime - Installation of Sprouts Units & Shades-
Installation of (5) Individual Areas. Each area has (1) Modified Sprouts Unit, (1) Freestanding Shade,
697 SF Concrete Sub Base for PIP and 101 LN FT Concrete Curbs; Price also includes excavation;
No other site work, demolition or concrete work included. Acquisition of any and all permits is the
sole responsibility of the customer. Standard installation does not include any extra or additional
machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges
will apply.
$112,699.75 $112,699.75
22 28009 GT-Site - 6' P/S Bench W/Back Inground $685.00 $15,070.00
1 INSTALL GameTime - Installation of (22) Inground Benches-
Installa on of (2) Benches per Site, for a total of (22) Benches; No other site work,
demoli on or concrete work included.
$4,500.10 $4,500.10
1 PIP30857 GT-Impax - 9,251 Sq Ft Poured in Place Surfacing for (11) Locations, 50% Black / 50% Standard
Color, Aromatic Binder, (6) Sites to Accommodate an 8' Critical Fall Height & (5) Sites to
Accommodate a 4' Critical Fall Height-
Price includes a discount of $27,947.22, freight and installation to (11) Sites. Installation schedule
TBD by weather conditions allowing for proper material set up and curing. Quote does not include
any tenting or artificial heating, designs, sub-base/site prep, security or dumpsters.
$127,315.14 $127,315.14
1 BONDS Other - Payment & Performance Bonds $10,959.00 $10,959.00
Contract: OMNIA Sub Total $705,747.64
Discount ($3,785.79)
Estimated Freight $14,150.00
Total $716,111.85
c/o Total Recreation Products, Inc.
17802 Grant Road Cypress, Texas 77429
Phone: 281-351-2402
Toll Free: 800-392-9909
Fax: 281-351-2493
10/07/2020
Quote #100614-01-05
TM-08054-20 REV 3 City of Corpus Christi - 2020 GRANT
Page 1 of 1
ATTACHMENT B: BID/PRICING SCHEDULEDocuSign Envelope ID: 8911D9DE-2A16-4092-BAC1-AB2C4CBE2C4B
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ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the
City. Contractor must not allow any subcontractor Agency to commence work
until all similar insurance required of any subcontractor Agency has been
obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation is required on all applicable policies. Endorsements must
be provided with COI. Project name and or number must be listed in Description
Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property
Damage
Per occurrence - aggregate
Commercial General Liability Including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$1,000,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$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.
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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 an
amount sufficient to assure that all workers’ compensation obligations incurred
by the Contractor will be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
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E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if
any, which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor’s performance of the
work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non -
contributory with respect to any insurance or self insurance carried by the City
of Corpus Christi for liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
04/26/2019 Risk Management – Legal Dept.
BOND REQUIREMENTS: Payment and Performance bonds are required for 100% of the
construction amount of the project. Insurance and bonds must be maintained
throughout the term of the contract.
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ATTACHMENT D: WARRANTY REQUIREMENTS
Installation Warranty - One year warranty on workmanship
Poured in Place Surfacing Warranty -
DocuSign Envelope ID: 8911D9DE-2A16-4092-BAC1-AB2C4CBE2C4B
PLAYGROUND AND
SHADE STRUCTURE INSTALLATION
Bond 18 / GameTime Grant
SURF’S UP
•Age: 5 to 12 years old
•Use Zone: 29’ x 31’
•Number of Children: 35-40
SPROUTS
•Age: 5 to 12 years old
•Use Zone: 28’ x 24’
•Number of Children: 15-20
FUNDING SOURCE
Game Time Cares Playground GrantBond 2018 -$750,000
PROPOSED PARKS TO RECEIVE NEW
PLAYGROUNDS AND SHADE
District 1
Senior Officer Prieto Park (Sprouts)
District 2
San Diego Park (Sprouts)
Easley Park (Sprouts)
Carroll Lane Park (Sprouts)
District 3
Austin Park (Surf’s Up)
Los Encinos Park (Surf’s Up)
Stonegate Park (Surf’s Up)
Camargo Park (Surf’s Up)
District 4
Sgt. J.D. Boch Park (Surf’s Up)
District 5
Winrock Park (Surf’s Up)
Lakeview Park (Sprouts)
District 1
Senior Officer Prieto Park
4000 Woodland Creek
•3.05 Acre Neighborhood Park
•20 plus year playground
•Out of Commission Tire swing
District 2
San Diego Park
3224 Niagara
•1.53 Acre Niche Park
•No Playground (Demolished)
•Swing set
District 2
Easley Park
2823 Devon
•2.22 Acre Niche Park
•No Playground (Demolished)
•Swing sets (2)
District 2
Carroll Lane Park
3600 Maple
•1.67 Acre Niche Park
•No Playground (Demolished)
District 3
Austin Park
3737 Hildago
•3.60 Acre Neighborhood Park
•30 plus year playground
District 3
Los Encinos Park
5800 Greenwood
•10.00 Acre Neighborhood Park
•20 plus year playground
•Exercise equipment
•Swing set
District 3
Stonegate Park
4610 Bonner
•10.00 Acre Neighborhood Park
•20 plus year playground
•Exercise equipment
•Swing set
District 3
Camargo Park
2702 Camargo Dr.
•10.00 Acre Neighborhood Park
•No Playground (Demolished)
•Exercise equipment
•Swing set
District 4
Sgt. J.D. Bock
7327 Canadian
•3.93 Acre Neighborhood Park
•30 plus year playground
•Swing set
District 5
Winrock Park
4930 Cedar Pass
•5.90 Acre Neighborhood Park
•30 plus year playground
District 5
Lakeview Park
7110 Holly
•5.12 Acre Special Use Park
•No Playground
•Swing set, slide
NEW PLAYGROUND INSTALLATION
PREVIOUS 5 YEARS
District 1
2016 –2 Playgrounds
2017 –3 Playgrounds
2018 –1 Playground
2020 –2 Playgrounds
2021 (Bond 2018) –1 Playgrounds
2021 (Bond 2020) –3 Playgrounds
Total: 13 Playgrounds
District 2
2016 –1 Playground
2020 –1 Playground
2021 (Bond 2018) –3 Playgrounds
2021 (Bond 2020) –4 Playgrounds
Total: 9 Playgrounds
District 3
2017 –3 Playgrounds
2020 –2 Playgrounds
2021 –4 (Bond 2018)
Total: 9 Playgrounds
District 4
2020 –6 Playgrounds
2021 (Bond 2018) –1 Playground
2021 (Bond 2020) –3 Playgrounds
Total: 10 Playgrounds
District 5
2020 –4 Playgrounds
2021 (Bond 2018) –2 Playgrounds
2021 (Bond 2020) –4 Playgrounds
Total: 10 Playgrounds
DATE: November 10, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
KevinN@cctexas.com
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION
Resolution authorizing a five-year supply agreement with Hach Company for the Utilities
Department for a total amount not to exceed $3,100,000.00 for the purchase of
instruments, consumables, and chemistries, effective upon issuance of notice to proceed,
with FY 2021 funding in an estimated amount of $310,000.00 for the Water Division of
the Utilities Department available in the Water Fund and an estimated amount of
$310,000.00 for the Wastewater Division of the Utilities Department available in the
Wastewater Fund.
SUMMARY:
This resolution authorizes a supply agreement for the purchase of Hach instruments,
consumables and chemistries to be ordered on an as needed basis.
BACKGROUND AND FINDINGS:
The O.N. Stevens Water Treatment Plant (ONSWTP) and the six Wastewater Treatment
Plants utilize instruments, consumables, and chemistries from Hach. Hach instruments
are used to measure water quality parameters. The Texas Commission on Environmental
Quality (TCEQ) and the Environmental Protection Agency (EPA) regulate parameters that
water and wastewater facilities are required to analyze. It is vital for water and wastewater
quality to be monitored in order to stay in compliance with TCEQ and EPA regulations.
Supply Agreement for Hach Instruments, Consumables, and Chemistries for the
Utilities Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
These are sole source purchases. Hach Company is the sole manufacturer of Hach
instruments. The O.N. Stevens Water Treatment Plant, Water Quality, and Water Utilities
Lab currently utilize Hach instruments, consumables, and chemistries that are worth over
$800,000. The Water and Wastewater Divisions are each receiving a negotiated 10%
discount off the list price on Hach Instruments, consumables and chemistries, which is
twice the standard bulk discount of 5%. The Wastewater Division will also receive a
negotiated 25% discount off the list price from Sigma Sampler instruments, consumables
and chemistries, which exceeds the standard 15% bulk discount for these items.
ALTERNATIVES:
An alternative would be to process sole source documents for each Hach purchase. This
process would result in a longer lead time instead of receiving supplies in a timely manner.
FISCAL IMPACT:
The fiscal impact for the Utilities Department in FY2021 is $620,000.00. The remaining
cost in an amount of $2,480,000.00 will be budgeted in future years through the annual
budget process.
FUNDING DETAIL:
Fund: 4010 Water Fund
Organization/Activity: 31010 O.N. Stevens Water Treatment Plant
Mission Element: 062 Treat Water
Project # (CIP Only): N/A
Accounts: 530215 Maintenance & repairs – Contracted
Cost: $210,000.00
Fund: 4010 Water Fund
Organization/Activity: 31501 Water Quality
Mission Element: 063 Provide Water Quality Monitoring
Project # (CIP Only): N/A
Accounts: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
Fund: 4010 Water Fund
Organization/Activity: 31700 Water Utilities Laboratory
Mission Element: 063 Provide Water Quality Monitoring
Project # (CIP Only): N/A
Accounts: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
Fund: 4200 Wastewater
Organization/Activity: 33100 Broadway Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs – Contracted
Cost: $60,000.00
Fund: 4200 Wastewater
Organization/Activity: 33110 Oso Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
Fund: 4200 Wastewater
Organization/Activity: 33120 Greenwood Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
Fund: 4200 Wastewater
Organization/Activity: 33130 Allison Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
Fund: 4200 Wastewater
Organization/Activity: 33140 Laguna Madre Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
Fund: 4200 Wastewater
Organization/Activity: 33150 Whitecap Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs – Contracted
Cost: $50,000.00
RECOMMENDATION:
Staff recommends approval of the resolution authorizing a five-year supply agreement
with Hach Company for the purchase of instruments, consumables and chemistries as
presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Supply Agreement
Page 1 of 2
Resolution authorizing a five-year supply agreement with Hach
Company for the Utilities Department for a total amount not to exceed
$3,100,000.00 for the purchase of instruments, consumables, and
chemistries, effective upon issuance of notice to proceed, with FY
2021 funding in an estimated amount of $310,000.00 for the Water
Division of the Utilities Department available in the Water Fund and an
estimated amount of $310,000.00 for the Wastewater Division of the
Utilities Department available in the Wastewater Fund.
WHEREAS, these supplies will be used by the Utilities Department;
WHEREAS, these supplies will be used to maintain and compile data into useful
information to manage the plant process and data optimization efforts at the O.N. Stevens
Water Treatment Plant and the six wastewater treatment plants;
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, there is a statutory exception for this procurement in Local
Government Code, Section 252.022(a) (2), as this purchase is necessary to pr otect the
public health and safety of the City’s residents.
WHEREAS, there is also a statutory exception for this procurement in Local
Government Code, Section 252.022(a) (7) (A), as this purchase is available from only
one source due to special processes or patents.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this procurement.
Section 2. The City Manager, or designee, is authorized to execute all documents
necessary to secure a purchase from Hach Services, of Loveland, Colorado based on a
sole source for a total amount not-to-exceed $ 3,100,000.00.
Page 2 of 2
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
SUPPLY AGREEMENT NO. 3251
HACH - Instruments, Consumables and Chemistries
THIS HACH-Instruments, Consumables and Chemistries Supply Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and HACH Company (“Contractor"), effective
upon execution by the City Manager or the City Manager’s designee (“City
Manager”).
WHEREAS, Contractor has bid to provide HACH - Instruments, Consumables and
Chemistries in response to Request for Bid No. SS-3251 (“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 HACH - Instruments, Consumable and Chemistries
in accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. “Goods,” “products”, and “supplies”, as used in this
Agreement, refer to and have the same meaning.
2. Term. This Agreement is for five years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods (“Option Period(s)”),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period. The City’s extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$3,100,000.00, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next option
period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Name: Diana Zertuche-Garza
Department: Utilities Department
Phone: (361) 826-1827
Email: DianaG@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item’s bid price, must be paid
by the Contractor within 30 days of receipt of City’s invoice.
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form March 9, 2020
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 9, 2020
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Diana Zertuche-Garza
Title: Contract/Fund Administrator
Address: 2726 Holly road, Corpus Christi, Texas 78415
Phone: (361) 826-1827
Fax: (361) 826-1715
IF TO CONTRACTOR:
HACH Company
Attn: JR Stendebach
Title: Regional Sales Manager
Address: 5600 Lindbergh Drive, Loveland, Colorado 80539
Phone: (970) 669-3050
Fax: (970) 669-2932
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
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form March 9, 2020
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.
SUPPLIER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL
NOT EXCEED AN AMOUNT EQUAL TO THE AMOUNT OF
COMPENSATION PAYABLE TO SUPPLIER DURING THE TERM HEREOF.
UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITITVE DAMAGES.
LIMITATIONS ON LIABILITY SHALL NOT APPLY WHERE LIABILITY
CANNOT BE EXCLUDED OR RESTRICTED BY STATUTORY LAW, OR
WHERE DAMAGES HAVE BEEN CAUSED BY WILLFUL MISCONDUCT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to th e Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. 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
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form March 9, 2020
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.
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.
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 9, 2020
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. SS-3251
Exhibit 2: Contractor’s Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form March 9, 2020
Divya Mittal
Hach, VP Global Sales
October 29, 2020
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The City’s Utilities Department purchases instruments, accessories/consumables
and chemistries for water and wastewater plants. Water will be identified as DR
(Drinking Water) and Wastewater will be identified as WW.
2. Scope of Work
The Contractor shall provide Hach instruments, accessories/consumables and
chemistries on an as needed basis.
3. Supplier Quality Control and Superintendence
All Hach instruments, accessories/consumables and chemistries will be defect
free, properly packed and shipped to ensure a safe delivery.
4. Special Instructions
A. Ordering and Delivery
1. City Staff will place orders on an as needed basis.
2. The Contractor shall deliver orders between the hours of 8:00AM to
5:00PM.
3. The Contractor shall deliver products to the following City facilities:
No. Location Name & Address
1
O. N. Stevens Water Treatment Plant (ONSWTP) Warehouse
(Deliveries for ONSWTP, Water Quality & Water Utilities Lab)
13101 Leopard St.
Corpus Christi, Texas 78410
2
Allison Wastewater Treatment Plant
4101 Allison Rd
Corpus Christi, Texas 78410
3
Broadway Wastewater Treatment Plant
1492 W. Broadway
Corpus Christi, Texas 78401
4
Greenwood Wastewater Treatment Plant
1541 Saratoga Blvd
Corpus Christi, Texas 78417
5
Laguna Madre Wastewater Treatment Plant
201 Jester St.
Corpus Christi, Texas 78418
6
Oso Wastewater Treatment Plant
501 Nile Dr.
Corpus Christi, Texas 78412
7
Whitecap Wastewater Treatment Plant
13500 Whitecap
Corpus Christi, Texas 78418
RFQ Revised 4.19.2019
4. All contract prices are F.O.B. destination, inside delivery to the City of
Corpus Christi Facility, freight prepaid.
5. If any items found defective, unusable or inoperable to the condition, the
Contractor shall arrange return shipment or shipping charge will be
reimbursed from the invoice.
6. The Contractor understands and agrees that the City may, at its
discretion, cancel any backorders due to the Contractor’s inability to
deliver the product within the set time frame.
7. Cancellations shall be in writing and sent to the Contractor by email, fax
or mail.
8. No restocking fee or payment of any kind shall be owed for orders
cancelled due to Contractor’s inability to meet the deadline delivery
date.
B. Defective Goods
Supplier shall pay for return shipment on any products that arrive in a
defective, unusable or inoperable condition. Contractor must arrange for
the return shipment of damaged products.
5. Invoicing
All invoices for parts purchased under this contract must list the list price,
discount percentage off the list price as per contract, and the actual cost for
the item after applying the discount. The Contractor shall provide a copy of list
price for verification.
RFQ Revised 4.19.2019
ATTACHMENT B: QUOTE/PRICING SCHEDULE
CITY OF CORPUS CHRISTI
QUOTE FORM
Hach Product Categories and Discount
Section Hach Code Description Discount
Hach Lab LI Hach Lab Instruments 10.00%
Hach Lab LA Hach Lab
Accessories/Consumables
10.00%
Hach Lab LC Hach Lab Chemistries (includes
test kits)
10.00%
Hach Lab LR Hach Lab Resale 10.00%
Hach Lab LM Hach Lab Micro 10.00%
Sigma Samplers SMP Sampler Instruments 25.00%
Sigma Samplers SMPA Sampler
Accessories/Consumables
25.00%
Sigma Samplers SMPC Sampler Chemistries 25.00%
Hach Process HP Hach Process Instruments 10.00%
Hach Process HPA Hach Process
Accessories/Consumables
10.00%
Hach Process HPC Hach Process Chemistries 10.00%
Homeland
Security
HSP All Homeland Security Process 10.00%
GLI Process G GLI Instruments 10.00%
GLI Process GA GLI Accessories/Consumables 10.00%
GLI Process GC GLI Chemistries 10.00%
Orbisphere OR Orbisphere Instruments 10.00%
Orbisphere ORA Orbisphere
Accessories/Consumables
10.00%
Orbisphere ORC Orbisphere Chemistries 10.00%
Polymetron PY Polymetron Instruments 10.00%
Polymetron PYA Polymetron
Accessories/Consumables
10.00%
Polymetron PYC Polymetron Chemistries 10.00%
Evita EV Evita Instruments 10.00%
Evita EVA Evita Accessories/Consumables 10.00%
Radiometer RAD Radiometer (Instruments and all
except service parts)
10.00%
Sigma Flow SF Sigma Flow (Instruments and all
except service parts)
10.00%
Marsh Flow MF Marsh Flow (Instruments and all
except service parts)
10.00%
Total Contract value (five years) not to exceed $3,100,000.00
Price List is Available Upon Request.
RFQ Revised 4.19.2019
Attachment C -Insurance Requirements
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self-insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
06/08/2020 Risk Management – Legal Dept.
Attachment D - Warranty
Warranty
All Hach manufactured instrumentation comes with a one year warranty from date of shipment to the original
purchaser against any defects that are due to faulty material or workmanship.
In the event that a defect is discovered during the warranty period, Hach Company agrees that, at its option, it will
repair or replace the defective product or refund the purchase price excluding original shipping and handling
charges. Any product repaired or replaced under this warranty wi ll be warranted only for the remainder of the
original product warranty period.
This warranty does not apply to consumable products such as chemical reagents; or consumable components of
a product, such as, but not limited to, lamps and tubing.
Contact Hach Company to initiate warranty support. Products may not be returned without authorization from
Hach Company.
Limitations
This warranty does not cover:
• Damage caused by acts of God, natural disaster, labor unrest, acts of war (declared or undeclared),
terrorism, civil strife or acts of any governmental jurisdiction
• Damage caused by misuse, neglect, accident or improper application or installation
• Damage caused by any repair or attempted repair not authorized by Hach Company
• Any product not used in accordance with the instructions furnished by Hach Company
• Freight charges to return merchandise to Hach Company
• Freight charges on expedited or express shipment of warranted parts or product
• Travel fees associated with on-site warranty repair.
This warranty contains the sole express warranty made by Hach Company in connection with its products. ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
Some states within the United States do not allow the disclaimer of implied warranties and if this is true in your
state the above limitation may not apply to you. This warranty gives you specific rights, and you may also have
other rights that vary from state to state.
This warranty constitutes the final, complete, and exclusive statement of warranty terms and no person is
authorized to make any other warranties or representations on behalf of Hach Company.
Limitation of Remedies / Liability
The remedies of repair, replacement, or refund of purchase price as stated above are the exclusive remedies for
breach of this warranty. IN NO EVENT SHALL HACH COMPANY BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WETHER BASED ON BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. Hach Company’s liability shall be limited to an amount
that is not unreasonably disproportionate to the total amount of compensation actually paid to Hach Company
under this purchase, except only in the case of damages arising due to Hach Company’s willful misconduct.
Any and all indemnification obligations imposed upon Hach Company shall be reduced to the extent that any
negligence, recklessness, or lesser standard of conduct, any omission, any violations of law, or any misuse,
misapplication, or use of product not in accordance with Hach Company’s instructions, by C ustomer or any third
party contributes to any otherwise covered claims or damages.
DATE: November 10, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
KevinN@cctexas.com
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year supply agreement with Aaron Concrete Contractors, LP of
Aransas Pass, Texas, in an amount not to exceed $1,177,365.30, for materials used to
backfill around water and wastewater line repairs, effective upon issuance of notice to
proceed, with first-year funding in an estimated amount of $327,000.00 in the FY 2021 Water
Fund.
SUMMARY:
This motion authorizes a three-year supply agreement for backfill materials to be used for
backfilling around water and wastewater line repairs for the Utilities Department. These
materials are a necessary component to maintain the City’s water infrastructure.
BACKGROUND AND FINDINGS:
The Utilities Department constructs and repairs over 1,600 water mains, valves, and service
lines and 1,400 wastewater mains, service lines, and manholes per year. Based on CY2019
data, the department averaged 530 work order for concrete repairs, and 2,457 work orders
for backfill in streets and easements. This contract will provide the materials used to cover
or encase utility pipes and prevent future damage from soil movement or overly course
materials. The use of these materials follows best practices and ensures a solid base and
uniform support for the infrastructure and roadway.
The Contracts and Procurement Department conducted a competitive RFB process to
obtain bids. The City received three bids of which one was deemed non-responsive. Staff is
recommending the award to Aaron Concrete Contractors, LP as the lowest responsive
responsible bidder.
Backfill Materials for Utilities Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
ALTERNATIVES:
The alternative to not awarding this supply agreement for materials would require the Utilities
Department to purchase backfill materials on an as needed basis on individual repairs, which
would result in delayed repairs and increased costs . A long-term supply agreement allows
for a better economy of scale.
FISCAL IMPACT:
The fiscal impact for the Utilities Department is an estimated amount of $327,000.00 for the
first year of the three-year supply agreement from the FY 2021 Water Fund. The remaining
cost will be budgeted in future years through the annual budget process.
Funding Detail:
Fund: 4010 Water Fund
Organization/Activity: 31520 Treated Water Delivery System
Mission Element: 041 Treat Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & Repairs - Contracted
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three-year supply agreement with
Aaron Concrete Contractors, LP for backfill materials to be used around water line repairs
for the Utilities Department as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Supply Agreement
ITEM Description Unit 3-Year Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Cement Stabilizing Sand Yards 13,458 35.00$ 471,030.00$ 90.84$ 1,222,524.72$ -$
2 Cushion Sand Yards 15,600 24.00$ 374,400.00$ 38.45$ 599,820.00$ -$
3 Sandy Loam Yards 3,600 32.00$ 115,200.00$ 51.15$ 184,140.00$ -$
4 5/8 Rock Yards 2,571 49.30$ 126,750.30$ 66.00$ 169,686.00$ -$
5 Cement Sand Yards 2,571 35.00$ 89,985.00$ 48.69$ 125,181.99$ -$
1,177,365.30$ 2,301,352.71$ Non-Responsive
* Non-Responsive - revised the bid form.
*G.P. Transport, Inc. Gregory,
Texas
Fernando's Woodwork Corpus
Christi, Texas
Aaron Concrete Aransas
Pass, Texas
City of Corpus Christi
Contracts and Procurement
Department
Sr. Buyer : Cynthia Perez
Bid Tabulation
RFB # 3191
Backfill Materials for Utilities Department
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
SUPPLY AGREEMENT NO. 3191
Backfill Materials for Utilities Department
THIS Backfill Materials for Utilities Department Supply Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation (“City”) and Aaron Concrete Contractors, LP (“Contractor"), effective
upon execution by the City Manager or the City Manager’s designee (“City
Manager”).
WHEREAS, Contractor has bid to provide Backfill Materials for Utilities Department
in response to Request for Bid No. 3191 (“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 Backfill Materials for Utilities Department in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. “Goods,” “products”, and “supplies”, as used in this
Agreement, refer to and have the same meaning.
2. Term. This Agreement is for three years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods (“Option Period(s)”),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period. The City’s extension authorization
must be executed by the City Manager or designee.
3.Compensation and Payment. This Agreement is for an amount not to exceed
$1,177,365.30, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next option
period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
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City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4.Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
Email: joannaM@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7.Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item’s bid price, must be paid
by the Contractor within 30 days of receipt of City’s invoice.
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8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contracts Fund/Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1649
Fax: (361) 826-4495
IF TO CONTRACTOR:
Aaron Concrete Contractors, LP
Attn: Clayton Walker
Title: Plant Manager
Address: 5108 Nixon Lane, Austin, Texas 78725
Phone: (512) 926-7326
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
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WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20.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
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_________________________________________________
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 3191
Exhibit 2: Contractor’s Bid Response
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9/23/2020
Sandra Lindsey
Office Manager
Revised 06.25.20
Page 18 of 20
Attachment A-Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide and deliver various types of materials as outlined in this
Scope of Work. These materials will be used for backfilling around water line repairs
by the Utilities Department.
1.2 Scope of Work
A. The Contractor shall supply the City with various types of materials. The materials
to be supplied and delivered under this agreement are as follows:
1.Cement Stabilizing Sand
2.Cushion Sand
3.Sandy Loam
4.5/8 Rock
5.Cement Sand
B. The Contractor shall deliver and unload the material(s) ordered within twenty-
four hours of order placement.
1.3 Delivery Requirements
A. The Contractor shall deliver Monday through Friday between 8:00AM and 5:00PM,
excluding holidays, unless specific arrangements have been made.
B. The Contractor shall deliver the materials to:
Utilities Materials Yard
5352 Civitan
Corpus Christi, TX 78415
C. The Contractor shall provide a shipping/delivery ticket listing a description of
items and quantity delivered.
`Invoicing
The Contractor shall email a copy of the invoice to UtilitiesDept@cctexas.com
and mail the original invoice to:
City of Corpus Christi
Accounts Payable
Attn: Utilities Department
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Revised 06.25.20
Page 19 of 20
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
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Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: B8D4185E-F60C-470D-B728-57F4BA4C7956
Attachment C – Insurance Requirements
CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
$1,000,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$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.
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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 an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
•List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
•Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
•Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
•Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
DocuSign Envelope ID: B8D4185E-F60C-470D-B728-57F4BA4C7956
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
04/14/2020 Risk Management – Legal Dept.
DocuSign Envelope ID: B8D4185E-F60C-470D-B728-57F4BA4C7956
DocuSign Envelope ID: B8D4185E-F60C-470D-B728-57F4BA4C7956
DATE: October 20, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
KevinN@cctexas.com
(361) 826-1874
CAPTION:
Motion authorizing a Joint Funding Agreement with the United States Geological Survey (USGS),
U.S. Department of the Interior, for USGS to maintain automated river gauging stations that record
stream flows and water quality parameters associated with the Frio and Nueces Rivers and
associated tributaries, which is data the City uses daily to manage releases from the City’s
reservoir system and for water treatment operations, whereby the USGS contributes $28,950.00
and the City contributes $166,350.00.
SUMMARY:
The motion authorizes the City to contribute $166,350.00 to maintain automated river gauging
stations along the Frio River, Nueces River, and associated tributaries, which the City uses to
record stream flows and water quality information as well as to manage daily inflows and releases
from the City’s reservoir system. Knowledge of the incoming raw water quality allows the City’s
Water Treatment Plant Operators to optimize the treatment process, and knowledge of the inflows
to Lake Corpus Christi and Choke Canyon Reservoir allows the City’s Dam Operators to adjust
the downstream releases to protect public safety, maintain as much water as possible in the
reservoirs, and protect the integrity of the dams.
BACKGROUND AND FINDINGS:
The City utilizes the USGS automated river gauging stations to record all inflows and releases in
the reservoir system to properly manage the diversion of raw water and health of the reservoir
system, in addition to water quality monitoring.
To better manage the treatment of water at O. N. Stevens Water Treatment plant, the gathering
of real-time water quality data from the Nueces River prior to the intake pumps is critical.
Streamflow gauges are the primary system used by the City’s Dam Operations teams at Choke
Canyon Reservoir and Lake Corpus Christi to track water levels in and out of the City’s reservoirs,
which gives the operators essential data to maintain reservoir levels, ensure Dam safety, and also
provides a means of early flood warning to protect public safety.
Joint Funding Agreement with the United States Geological Survey (USGS) for
Automated River Gauging Station Monitoring
AGENDA MEMORANDUM
Action Item for the City Council Meeting of November 10, 2020
The contract period is October 1, 2020 through September 30, 2021.
ALTERNATIVES:
An alternative to not participate would eliminate the City’s knowledge of the inflows and outflows
of the reservoir system to best maintain the reservoir levels and the City would not know how to
plan for raw water diversions and flood mitigation. Knowledge of the incoming raw water quality
allows the City’s Water Treatment Plant Operators to optimize the treatment process, and
knowledge of the inflows to Lake Corpus Christi and Choke Canyon Reservoir allows the City’s
Dam Operators to adjust the downstream releases to protect public safety, maintain as much
water as possible in the reservoirs, and protect the integrity of the dams.
FISCAL IMPACT:
The motion authorizes the City to contribute $166,350.00 to USGS to maintain automated river
gauging stations along the Frio and Nueces Rivers and associated tributaries, which the City
uses to record stream flows and water quality information as well as to manage daily inflows
and releases from the City’s reservoir system.
Funding Detail:
Fund: 4010
Organization/Activity: 30200 Water Wesley Seale Dam, 30210 Choke Canyon Dam
Mission Element: 061
Project # (CIP Only):
Account: 530000 Professional Services
RECOMMENDATION:
Staff recommends approval of the Joint Funding Agreement with the USGS with a City
contribution of $166,350.00.
LIST OF SUPPORTING DOCUMENTS:
Joint-funding agreement
United States Department of the Interior
U.S. GEOLOGICAL SURVEY
C Texas Water Science Center
1505 Ferguson Lane
Austin, TX 78754
July 22, 2020
Mr. Esteban Ramos
Water Resources Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Dear Mr. Ramos:
Enclosed is one signed scan of our standard joint-funding agreement for the project(s) Oklahoma - Texas Water
Science Center Water Resources Investigations, during the period October 1, 2020 through September 30, 2021 in the
amount of $166,350 from your agency. U.S. Geological Survey contributions for this agreement are $28,950 for a
combined total of $195,300. Please sign and return one fully-executed original to
GS-W-OT_OTAdmin@usgs.gov.
Federal law requires that we have a signed agreement before we start or continue work. Please return the signed
agreement by September 1, 2020. If, for any reason, the agreement cannot be signed and returned by the date shown
above, please contact Douglas Schnoebelen by phone number (210) 691-9262 or email dschnoebelen@usgs.gov to
make alternative arrangements.
This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI-1040). Please
allow 30-days from the end of the billing period for issuance of the bill. If you experience any problems with your
invoice(s), please contact Kandis Becher at phone number (682) 316-5051 or email at kkbecher@usgs.gov.
The results of all work performed under this agreement will be available for publication by the U.S. Geological
Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water
resources studies.
Sincerely,
Timothy H. Raines
Director
Enclosure
21SJJFATX029000 (1)
Form 9-1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000486
Agreement #: 21SJJFATX029000
Project #: SJ009ME
TIN #: 74-6000574
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of the October 1, 2020, by the U.S. GEOLOGICAL SURVEY, Texas Water
Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus
Christi party of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called
the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00
(a) $28,950 by the party of the first part during the period
October 1, 2020 to September 30, 2021
(b) $166,350 by the party of the second part during the period
October 1, 2020 to September 30, 2021
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regional/national program:
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science-
practices).
9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
USGS Technical Point of Contact
Name: Douglas Schnoebelen
Branch Chief - South Texas
Address: 5563 DeZavala Road Suite 290
San Antonio, TX 78249
Telephone: (210) 691-9262
Fax: (210) 691-9270
Email: dschnoebelen@usgs.gov
Customer Technical Point of Contact
Name: Esteban Ramos
Water Resources Manager
Address: 1201 Leopard Street
Corpus Christi, TX 78401
Telephone: (361) 826-3294
Fax:
Email: estebanr2@cctexas.gov
USGS Billing Point of Contact
Name: Kandis Becher
Budget Analyst
Address: 501 W. Felix Street Bldg 24
Fort Worth, TX 76115
Telephone: (682) 316-5051
Fax: (682) 316-5022
Email: kkbecher@usgs.gov
Customer Billing Point of Contact
Name: M. P. Sudhakaran
Water Resources Mgmt Advisor
Address: 2726 Holly Road
Corpus Christi, TX 78415
Telephone: (361) 826-3667
Fax: (361) 826-4420
Email: mp@cctexas.com
U.S. Geological Survey
United States
Department of Interior
Signature
By_______________________ Date: __________
Name: Timothy H. Raines
Title: Director
City of Corpus Christi
Signatures
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
Form 9-1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000486
Agreement #: 21SJJFATX029000
Project #: SJ009ME
TIN #: 74-6000574
TIMOTHY
RAINES
Digitally signed by
TIMOTHY RAINES
Date: 2020.07.22
08:48:49 -05'00'
Station USGS
City of Corpus
Christi Total
Number Description Funds Funds Funds
001: SURFACE WATER
08194000 Nueces River at Cotulla, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
Precipitation $1,500.00 $1,500
08194500 Nueces River near Tilden, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
Precipitation $1,500.00 $1,500
08205500 Frio River near Derby, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
Precipitation $1,500.00 $1,500
08206600 Frio River at Tilden, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
08206900 Choke Canyon Reservoir nr Three Rivers, TX
Reservoir Contents $2,465.00 $5,435.00 $7,900
08206910 Choke Canyon Res. outflow nr Three Rivers, TX
Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500
08210000 Nueces River near Three Rivers, TX
GWSIP Full Range Streamflow Station $0.00 $0.00 $0
08210500 Lake Corpus Christi near Mathis, TX
Reservoir Contents $2,465.00 $5,435.00 $7,900
08211000 Nueces River near Mathis, TX
GWSIP Full Range Streamflow Station $0.00 $0.00 $0
08211200 Nueces River above Bluntzer, TX
Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500
Precipitation $1,500.00 $1,500
08211500 Nueces River at Calallen, TX
GWSIP Full Range Streamflow Station $0.00 $0.00 $0
08211502 Nueces River nr Odem, TX
Q below Base with AVM and Continuous Stage $0.00 $13,500.00 $13,500
SURFACE WATER TOTAL:$28,950 $90,950 $119,900
003:WATER QUALITY
08211200 Nueces Rv at Bluntzer, Tx
Temp., Cond., pH, Diss. Oxy., Turbidity Monitor (5-Parm)$0 $43,000 $43,000
08211502 Nueces Rv nr Odem, TX
Temp. and Cond. Monitor (2-Parm)$0 $16,200 $16,200
821150305 Rincon Bayou Channel near Odem, TX
Temp. and Cond. Monitor (2-Parm)$0 $16,200 $16,200
WATER-QUALITY TOTAL:$0 $75,400 $75,400
CITY OF CORPUS CHRISTI
21SJJFATX029000
PROJECT USGS
CITY OF
CORPUS
CHRISTI TOTAL
FUNDS FUNDS FUNDS
SURFACE WATER: 00170 $28,950 $90,950 $119,900
WATER QUALITY: 00370 $0 $75,400 $75,400
TOTAL $28,950 $166,350 $195,300
DATE: November 2, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
361.886.2601
Peter Collins, Director of Information Technology
PeterC@cctexas.com
361.826.3735
CAPTION:
Resolution authorizing an amendment to the Interlocal Agreement between the City of
Corpus Christi and Nueces County to update roles and responsibilities and define a cost
allocation method for the MetroCom Consolidated Dispatch Emergency Center.
SUMMARY:
The City of Corpus Christi and Nueces County worked together to review and update
operations and management of the MetroCom Interlocal Agreement .
BACKGROUND AND FINDINGS:
A Review Committee was appointed by the Mayor of Corpus Christi and Nueces County
Judge in the last quarter of calendar year 2019 to review the existing MetroCom Interlocal
Agreement. The Committee consisted of seven members, which included three Nueces
County representatives, three City of Corpus Christi representatives and the Chairperson
who is a City of Corpus Christi employee. After several months of review, the Committee
made recommendations on the operations, structure, and funding of MetroCom.
The most significant recommendation is the establishment of a new cost allocation
method. This new method increases Nueces County’s share of Metrocom’s costs from
22% to 24% and decreases the City of Corpus Christi’s share from 78% to 76%. It was
agreed that Nueces County will incrementally increase their funding share by 1 % each
year for two years starting FY 2021, which equates to 23% for the County in FY 2021 and
77% for the City. Subsequently in FY 2022, Nueces County’s funding share will increase
to 24%, and the City of Corpus Christi’s funding share will decrease to 76%. These
MetroCom Consolidated Dispatch Emergency Center
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
percentages will remain thereafter until the Interlocal Agreement is amended. For FY
2021, MetroCom’s total budget is $6,386,419. The County’s share is $1,468,876 (23%),
and the City’s share is $4,917,543 (77%).
Another recommendation is the restructuring of the System Operations Committee. The
Interlocal Agreement outlines the composition of the Committee, as well as its roles and
responsibilities.
ALTERNATIVES:
An alternative would be for MetroCom to continue as previously agreed upon in the
Interlocal Agreement, which has not been reviewed or updated in many years.
FISCAL IMPACT:
The FY 2021 budget for MetroCom is $6,386,419. It is funded by both the City of Corpus
Christi and Nueces County. Nueces County’s share of $1,468,876 (or 23%) is recorded
as revenue in the MetroCom Fund included in the City of Corpus Christi’s FY 2021
operating budget. The City’s share of $4,917,543 (or 73%) is funded by two components.
The first is a transfer of $2,152,539 from the City’s General Fund to the MetroCom Fund,
and the second is $2,765,004 of revenue recorded in the MetroCom Fund from 911
Wireless Fees and 911 Wireline Fees.
Funding Detail:
Fund: 1048 MetroCom Fund
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: 303035 MetroCom- Nueces County Revenue
RECOMMENDATION:
City staff recommends approving the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Interlocal Amendment No 2 MetroCom
Listing of MetroCom Review Committee Members
Resolution authorizing an amendment to the Interlocal Cooperation
Agreement with Nueces County to update roles and responsibilities
and define a cost allocation method for the MetroCom Consolidated
Dispatch Emergency Center.
WHEREAS, the City and County are parties to an Interlocal Cooperation Agreement
dated June 5, 2000 (the “Consolidated Dispatch Emergency Center; MetroCom”),
providing for the City and County consolidate their public safety dispatch centers into a
single public safety answering point known as “MetroCom” for the areas served by the
City and the County; and
WHEREAS, the City, and County are parties to an Interlocal Cooperation Agreement
dated April 4, 2003 (the “Consolidated Dispatch Emergency Center”), being the fi rst
amendment to the Consolidated Dispatch Emergency Center Interlocal Agreement
establishing a cost allocation method;
WHEREAS, the City, and County wish to update their roles and responsibilities and define
a cost allocation method for the MetroCom Consolidated Dispatch Emergency Center;
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 an amendment to
the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces
County regarding a Consolidated Emergency Dispatch Center to update roles and
responsibilities and define a cost allocation method for the MetroCom Consolidated
Dispatch Emergency Center.
2
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo ______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND
COUNTY OF NUECES
CONSOLIDATED DISPATCH EMERGENCY CENTER
METROCOM
This Interlocal Cooperation Agreement ("Agreement") is made by and between the City
of Corpus Christi, Texas ("City"), a Texas home-rule municipal corporation, and the County of
Nueces ("County"), a political subdivision of the State of Texas, each acting herein by and through
its duly authorized official, effective for all purposes upon the execution by all parties.
WHEREAS, the City and County are parties to an Interlocal Cooperation Agreement dated
June 5, 2000 (the “Consolidated Dispatch Emergency Center; MetroCom”), providing for the City
and County consolidate their public safety dispatch centers into a sin gle public safety answering
point known as “MetroCom” for the areas served by the City and the County; and
WHEREAS, the City, and County are parties to an Interlocal Cooperation Agreement dated
April 4, 2003 (the “Consolidated Dispatch Emergency Center”), being the first amendment to the
Consolidated Dispatch Emergency Center Interlocal Agreement establishing a cost allocation
method;
NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI AND THE
COUNTY OF NUECES:
Amends the original agreement as follows:
7. Administration and Governance of the Center. The MetroCom center shall be
administered by the City of Corpus Christi under the terms of an adopted set of Standard
Operating Procedures (SOP) and budget. These SOPs are to be developed by the System
Operations Committee, as established by this interlocal agreement, and shall be approved
by the MetroCom Board to be binding.
a. There is hereby created a System Operations Committee. The System Operations
Committee shall be comprised of the following voting members:
i. The Sheriff of Nueces County appoints an operations representative
ii. The Nueces County Judge appoints a budgetary representative
iii. The Nueces County Judge appoints an ESD representative.
iv. The Chief of Police of the City of Corpus Christi appoints an operations
representative
v. The Fire Chief of the City of Corpus Christi appoints an operations
representative
vi. A budgetary representative named by the City Manager of the City of
Corpus Christi
vii. Chairperson mutually selected and appointed by the MetroCom Board
b. The Systems Operations Committee shall
i. Hold regular meetings, every two months at a minimum. Special meetings
will be held as necessary.
ii. Be presented with updates, statistics, and analytics from the MetroCom
Communications Director during bi-monthly meetings.
iii. Annually review, make recommendations, and modify existing SOPs. All
modifications and changes must be reviewed with and approved by the
MetroCom board.
iv. Annually review and recommend minimum staffing needs for the Center to
the MetroCom board.
v. Annually approve and recommend an operating budget to the MetroCom
Board.
vi. Regularly monitor MetroCom budget and expenses. Recommend and
submit for approval any changes to the original budget to the MetroCom
Board.
vii. Every two years perform an audit.
viii. Annually evaluate the MetroCom Communications Director, and report
evaluation to the MetroCom Board.
ix. Review and propose a combined Emergency Operations Center with EOCs,
PSAPS, and other governmental entities.
x. Systems operations committee to provide dispatch services to other entities
in the region at a reasonable rate of reimbursement.
c. The MetroCom Board is hereby created. This Board shall be comprised of the County
Judge of Nueces County and the Mayor of the City of Corpus Christi. This Board shall:
i. Meet twice per year.
ii. Mutually select the Chairperson of the System Operations Committee.
iii. Mutually select the person to serve as MetroCom Communications Director
from a list of applicants whom have applied through and are eligible for
employment through the City. The MetroCom Communications Director will
be responsible for the operation of the MetroCom Center. The MetroCom
Director, in name, would be subject to the City’s Human Resources policies.
The MetroCom Director’s salary would be paid utilizing the City’s payroll in a
ratio equal to the cost allocation in Paragraph 8, c.
iv. Consider for adoption Standard Operating Procedures (SOP) as recommended
by the Systems Operations Committee
v. Review and approve the operating budget for MetroCom subject to final
approval by the City Council and County Commissioner’s Court.
vi. Approve the expansion of the center to include other public safety entities
subject to approval from the City Council and County Commissioner’s Court.
vii. Recalculate the cost allocation formula every two years.
viii. Assign special projects and request information as needed from the Systems
Operations Committee.
ix. If the MetroCom Board has an impasse, the Board will instruct the Systems
Operation Committee to provide other options to resolve the impasse.
8. Funding. The City and County acknowledge that Phases I and II have been
completed and agree to jointly fund the operations of the center. The MetroCom Board
shall approve all budgets and allocation formulas, subject to approval from the City and
County governing bodies.
a. During Phase III the City and County shall co-fund the center. The Cost
allocation for this phase, will be defined at that time, subject to approval from the
City and County governing bodies.
b. A CIP account will be cerated for the fund balance which will be used for
equipment replacement, software upgrades and improvements.
c. Cost Allocation:
i. Formula methodology is the Average of Shared Costs (50%) + Population Ratio
+ Incidents Ratio. Sample Below.
METHODOLOLGY
Overhead Population Incidents Avg of Pop, Incidents &
Overhead
City 50% 90% 89% 76% ((50+90+89)/3)
County 50% 10% 11% 24% ((50+10+11)/3)
ii. In FY20-21, the City’s will pay 77% and the County will pay 23% of the total
operating budget.
iii. Beginning in FY21-22, the City will pay 76% and the County will pay 24% of
the total operating budget.
d. Nothing herein shall preclude the addition of other PSAPs to the center, nor
shall this preclude the allocations of cost to other administrations, jurisdictions, and
program participants.
COUNTY OF NUECES
By:_______________________________
Name: Barbara Canales
Title: County Judge
Date:_____________________________
CITY OF CORPUS CHRISTI
ATTEST
__________________________________ By:_________________________________
Rebecca Huerta Peter Zanoni
City Secretary City Manager
APPROVED AS TO FORM:
This____ day of ___________2020
__________________________________
Gabriel A. Rodriguez, Assistant City Attorney
For City Attorney
Peter Collins - CIO, City of Corpus Christi - Chairperson
Chief Mike Markle – Police Chief, City of Corpus Christi
Pat Eldridge – Corpus Christi Police Dept.- Police Management Services Director
Eddie Houlihan - Director of Management & Budget, City of Corpus Christi
Tyner Little - Nueces County Commissioners’ Court Manager
Kathy Ard-Blattner - Deputy Coordinator, Nueces County
Sheriff John Hooper – Nueces County Sheriff
MetroCom Review Committee
(Appointed by Mayor Joe McComb and Nueces County Judge Barbara Canales)
DATE: October 23, 2020
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Richard Martinez, Director of Public Works
richardm5@cctexas.com
(361) 826-3419
Kim Baker, Director of Contracts and Procurement
kimb2@cctexas.com
(361) 826-3169
CAPTION:
Motion awarding a professional services contract to Govind Development, LLC, of Corpus Christi,
Texas for the design, bid, and construction phase services for the reconstruction of Castenon
Street from Trojan Drive to Delgado Street, located in City Council District 3, in an amount of
$273,351.00, with funding available from the Bond 2018 Street Proposition B and FY 2021 Storm
Water, Wastewater, Water and Gas Funds.
SUMMARY:
This motion awards a contract that provides for design, bid, and construction phase services for
the reconstruction of Castenon Street from Trojan Drive to Delgado Street. The project
improvements include pavement reconstruction with new curb and gutter, driveways, storm water
improvements, pedestrian ADA improvements, signs, pavement markings, and utility upgrades.
BACKGROUND AND FINDINGS:
Castenon Street from Trojan Drive to Delgado Street is a 2018 Street Bond Proposition B project
that was approved for the reconstruction of the existing two-lane roadway which is a 36 foot-wide
curb and gutter asphalt roadway with underground storm drains and sidewalks on both sides. This
portion of Castenon St. provides access to Foy H. Moody High School and the surrounding
Professional Services Contract
Castenon Street
(Trojan Drive to Delgado Street)
(Bond 2018, Proposition B)
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
residential neighborhood. The roadway was constructed in 1960 with minor maintenance in 1987.
The roadway is currently experiencing continuous pavement distresses and failures and is in poor
condition.
The proposed project is approximately 0.32 miles in length and will maintain the same roadway
width providing a new pavement structure, driveways, drainage improvements, ADA compliant
pedestrian improvements, with new signs, pavement markings, and utility upgrades.
PROJECT TIMELINE:
2020
N D J F M A M J J A S O N D J F M A M
202220212020
Design Bid/
Award Construction
Project schedule reflects City Council award in November 2020 with anticipated completion in
May 2022.
COMPETITIVE SOLICITATION PROCESS
Govind Development LLC was selected for the Bond 2018 Castenon Street project in February
2019 under RFQ 2018-10. Castenon Street was one of thirty-two selections that were announced
under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation
Category and thirteen firms were selected. Govind Development LLC was among one of the
thirteen qualified firms selected in the Transportation Category and Castenon Street was one of
their preferred projects.
The selection committee with representatives from the Streets Department and Engineering
Services ranked Govind Development LLC, qualifications based on five factors: 1) experience of
the firm, 2) experience of the key personnel with specific experience with multiple Bond street
programs and local utilities, 3) project approach and management plan, 4) capacity to meet the
project requirements and timelines, and 5) past performance.
Govind Development LLC provided professional services for several City Projects. Some of the
projects are North Padre Island Roads, Corona Drive from Flynn to Everhart, Bond 2018
Feasibility Study for Frio, Hacala and Dorado, Salt Flat Levee Improvements.
ALTERNATIVES:
Any alternative to awarding this contract to Govind Development LLC, will delay the construction
of the project and impede Council goals of completing Bond 2018 street projects in a timely
manner and within budget.
FISCAL IMPACT:
The fiscal impact for FY 2021 is an amount of $273,351.00 with funding available from the Bond
2018 Street Proposition B and Utility Capital Program Funds.
Funding Detail:
The project is funded by Bond 2018. The Capital Improvement Program (CIP) shows the
project is planned for FY 2023. The project is ready to be implemented and the
expenditures shown in the CIP needs to be revised.
Fund: Street Bond 2018, Proposition B (Fund 3557)
Mission Elem: Street Pavement Maintenance (051)
Project: Castenon St - Trojan Dr to Delgado St (Project No. 18011A)
Account: Outside Consults (550950)
Activity: 18011-A-3557-EXP
Amount: $183,751.00
Fund: Storm Water (Fund 4532)
Mission Elem: Storm Water Drainage (043)
Project: Castenon St - Trojan Dr to Delgado St (Project No. 18011A)
Account: Outside Consults (550950)
Activity: 18011-A-4532-EXP
Amount: $49,200.00
Fund: Wastewater (Fund 4254)
Mission Elem: Wastewater Collection System (042)
Project: Castenon St - Trojan Dr to Delgado St (Project No. 18011A)
Account: Outside Consults (550950)
Activity: 18011-A-4254-EXP
Amount: $18,900.00
Fund: Water (Fund 4099)
Mission Elem: Water Distribution System (041)
Project: Castenon St - Trojan Dr to Delgado St (Project No. 18011A)
Account: Outside Consults (550950)
Activity: 18011-A-4099-EXP
Amount: $17,000.00
Fund: Gas (Fund 4560)
Mission Elem: Gas Distribution System (022)
Project: Castenon St - Trojan Dr to Delgado St (Project No. 18011A)
Account: Outside Consults (550950)
Activity: 18011-A-4560-EXP
Amount: $4,500.00
RECOMMENDATION:
Staff recommends award of the contract to Govind Development LLC, in the amount of
$273,351.00. The design phase will start in November 2020 with design completion planned in
July 2021. Construction is planned to start in November 2021 with completion in May of 2022.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Contract
TROJANORCHID
PRESCOTT
GREENWOOD
GOLLIHARBIRCHLEON
CASTENONHICKORY
DELGADOHEMLOCKBOISDARCJUAREZBLACKJACK SYCAMOREBERNANDINOTIDEMISTYMOODY
GARDENSALAZARSHOWERMADRIDSEVILLEPELSVALENCIABAYOUWEST POI
NTWATERFALL BARCELONALAUREN
D U B O S E
P R E S C O T T
CASTENON
GARDENCASTENON STREET -TROJAN DR TO DELGADO STBOND 2018, PROP. B
Location Map
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES
Project Location
CASTENON
TROJANDELGADOPROJECT NO. 18011A
Contract for Professional Services
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SERVICE AGREEMENT NO. 3268
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT 18011A CASTENON ST – TROJAN DR TO DELGADO ST
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 GOVIND DEVELOPMENT, LLC, 9510 LEOPARD ST, CORPUS CHRISTI, NUECES,
TEXAS, 78410, 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 ...........................................................4
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
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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 Exhibit A. It is
assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
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1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project
schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.
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 $273,351.00.
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 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.
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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.
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).
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4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless
extended by authority of the City Manager or designee.
4.3 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.
4.4 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.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 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,
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
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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 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.
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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;
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.
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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, 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.
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
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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
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
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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 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.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and
Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This
Agreement may be amended only by written instrument signed by both the City and Consultant.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by
entering into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
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13.9 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.
13.10 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.
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CITY OF CORPUS CHRISTI GOVIND DEVELOPMENT, LLC
____________________________________ _____________________________________
Michael Rodriguez Date Date
Chief of Staff Oscar R. Martinez
Chief Operating Officer
9510 Leopard St
Corpus Christi, TX 78410
(361) 241-2777 Office
OMartinez@govinddevelopment.com
APPROVED AS TO LEGAL FORM:
____________________________________
Assistant City Attorney Date
_________________________Authorized
By Council_________________________
ATTEST
__________________________________
____________________________________
City Secretary Date
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9/28/2020
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9/29/2020
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EXHIBIT “A”
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EXHIBIT “A”
CITY OF CORPUS CHRISTI, TEXAS
“CASTENON STREET”
PROJECT NO. 18011A
BOND ISSUE 2018
I. SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design
Phase services may include Design Development as applicable to Architectural/Engineering
services.
1. Preliminary Phase.
The Architect/Engineer (A/E), also referred to as Consultant, will:
a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within
five working days of the meeting.
b) Request and review available reports, record drawings, utility maps and other
information provided by the City pertaining to the project area.
c) Develop preliminary requirements for utility relocations, replacements or upgrades.
Coordinate with the City’s Project Manager and identify Operating Departments
potential Project needs.
d) Develop preliminary typical street sections and pavement sections, incorporating
the City’s Geotechnical Consultant’s recommendations. All streets shall be
designed with flexible and rigid pavements.
e) Prepare preliminary opinions of probable construction costs for the recommended
improvements.
f) Develop a Drainage Area Map showing the existing and proposed drainage basins
served by the Project storm system.
g) Conduct preliminary hydraulic analysis to quantify the storm water design of
existing and proposed systems.
h) Identify electric and communication utility companies and private pipeline
companies that may have existing facilities and must be relocated to accommodate
the proposed improvements. Submit a list of identified companies to the City.
i) Conduct preliminary analysis of lighting, including existing equipment,
above/below ground electrical service. Coordinate requirements with City Street
Department. Provide recommendations for improvements/upgrades.
j) The AE will participate in discussions with the Operating Department ;
Development Services and other agencies (such as the Texas Department of
Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ)
as required to satisfactorily complete the Project. Any directions or changes to
scope provided by the Operating Department or other agencies shall be reviewed
with the City Engineering Department PM prior to including/excluding from the
scope of work.
k) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
construction, and geotechnical issues; upon request or concurrence of the Project
Manager, coordinate with agencies such as RTA, USPS, affected school districts
(CCISD, FBISD, etc.), community groups, etc.
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l) Identify and recommend public outreach and community stakeholder
requirements.
m) Request and review traffic counts from the City PM.
n) Prepare an Engineering Letter Report (20 – 25 page main-body text document with
supporting appendices) that documents the analyses, approach, opinions of
probable construction costs, and document the work with text, tables, schematic-
level exhibits and computer models or other applicable supporting documents
required per City Plan Preparation Standards (CPPS). The Engineering Letter
Report to include:
1. Provide a concise presentation of pertinent factors, sketches, designs,
cross-sections, and parameters which will or may impact the design,
including engineering design basis, preliminary layout sketches,
construction sequencing, alignment, cross section, geotechnical testing
report, sealed survey including topographic, right-of-way and utilities
location information (per scope in Topographic and Right-of-Way (ROW)
Survey services), right-of-way requirements, conformance to master plans,
identification of needed additional services, identification of needed permits
and environmental consideration, existing and proposed utilities, existing
electric and communication utility companies and private pipeline
companies, identification of quality and quantity of materials of
construction, and other factors required for a professional design.
2. Include existing site photos with location key map.
3. Provide opinion of probable construction costs.
4. Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; meet as
City agent or with City participation and coordinate with agencies such as
TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc.
5. Summary of Geotechnical Report findings and criteria for pavement design,
including the projected growth rate, 30-year ESAL estimate and SN value,
30-year pavement recommendation, etc.
a. Analyze proposed pavement options and provide recommendation for
most cost-effective pavement section that accommodates traffic
requirements, budget constraints, utility needs, etc.
6. Provide preliminary index of anticipated drawings and specifications.
7. Provide a preliminary summary table of anticipated required ROW parcels
o) Submit one (1) copy in an approved electronic format, and three (3) hard copies of
the Draft Engineering Letter Report.
p) Initiate ELR submittal discussion with City PM to brief PM on any concerns or
issues prior to distribution of ELR submittal.
q) Participate in Project review meeting with City staff and others on the Draft
Engineering Letter Report as scheduled by City Project Manager.
r) Address review comments and questions and provide written responses to the City
PM.
s) Assimilate all City review comments into the Final Engineering Letter Report
(ELR). Provide one (1) electronic and one (1) hard copy using City Standards as
applicable and suitable for reproduction.
City staff will provide electronic copies of the following information (as applicable and
requested through the City PM):
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a) Electronic index and database of City’s Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering files.
b) The preliminary budget, specifying the funds available for construction.
c) A copy of existing studies and plans (as available from City Engineering files).
d) Copy of Geotechnical Investigation Report.
g) Traffic counts.
Note: Applicable Master Plans and GIS mapping are available on the City’s website. The
records provided for A/E’s use under this Contract are proprietary, copyrighted,
and authorized for use only by A/E, and only for the intended purpose of this
project. Any unauthorized use or distribution of the records provided under this
Contract is strictly prohibited.
2. Design Phase.
Upon approval of the preliminary phase, designated by receiving authorization to proceed
from the City Project Manager, the A/E will:
a) Provide coordination with electric and communication utility companies and private
pipeline companies that may have existing facilities and must be relocated to
accommodate the proposed improvements. Inform private utility and pipeline
owners whose facilities fall within the project limits of the proposed improvements.
Identify areas of potential conflicts. Coordinate with private utility and pipeline
owners to obtain needed locations of their respective utility/pipeline, including
Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary
adjustments and provide a project schedule to utility/pipeline owner. Provide
utility/pipeline relocation schedule to the City and update monthly.
b) Coordinate with AEP and City Traffic Engineering to identify location of electrical
power conduit for street lighting.
c) Identify the approximate locations and areas of existing utilities and pipelines that
may have a significant potential impact on the proposed features or utilities and for
which the existing location(s) cannot be adequately determined by the SUE
investigation up to and including Level B, and which require a Level A exploratory
excavation during the design phase. These critical locations and their basis of
potential impact are to be clearly provided on a layout for the City PM.
d) Provide assistance to identify potential needs for testing, handling and disposal of
any hazardous materials and/or contaminated soils that may be discovered during
construction (to be included under additional services).
e) Prepare Construction Documents in City standard format for the work identified in
the approved ELR. Construction plans to include improvements or modifications
to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems
within the Project limits, per the Project scope. Include standard City of Corpus
Christi detail sheets and specifications as applicable to the Project.
1. Prepare construction plans in compliance with CPPS using English units
on full-size (22” x 34”).
2. Prepare Traffic Control and Construction Sequencing Plans. The TCP will
include construction sequencing, typical cross section and construction
phasing plan sheets, warning and barricades, as well as standards sheets
for barricades, traffic control plan, work zone pavement markings and
signage.
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3. Provide pollution control measures and BMP layout for the Contractor’s
Storm Water Pollution Prevention Plan, using the City Standard Notes and
BMP Detail Sheets as applicable.
4. Include computer model results and calculations used to analyze drainage.
f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half-
size (11” x 17”) hard copies using City Standards as applicable to City staff for
review and approval purposes with 60% estimates of probable construction costs.
Identify distribution list for plans and bid documents to all affected franchise utilities
and stakeholders.
1. Required with the interim plans is:
a. Design Submittal Packet Checklist
b. Executive Summary of the 60% submittal,” which will identify and briefly
summarize the Project by distinguishing key elements of the Project,
decisions made, outstanding issues, items TBD, Opinion of Probable
Construction Costs (OPCC) compared to construction budget and the
schedule with changes identified.
c. Project Submittal Checklist
d. Drawing Review Checklist
e. OPCC
f. Drawings
g. Draft Table of Contents with specification list
2. Initiate 60% submittal discussion with City PM to brief PM on any concerns
or issues prior to distribution of 60% submittal.
g) Participate in Project 60% review meeting. Prepare and distribute meeting
meetings to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and upon confirmation from the City PM
proceed to the 90% design.
h) Submit three (3) sets of the pre-final plans and bid documents (90% submittal)
in electronic and half-size hard copies using City Standards as applicable to City
staff for review and approval purposes. Include the 90% estimate of probable
construction costs, 90% submittal Executive Summary, Submittal Packet, Project,
and Drawing Checklists, responses to previous review comments and the Contract
Document Book with in-line Track Changes in red to identify all proposed edits to
the City Construction Contracts.
i) Participate in Project 90% review meeting. Prepare and distribute meeting
meetings to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and proceed to the pre-ATA submittal.
j) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in
electronic and half-size hard copy using City Standards as applicable for City’s
Pre-ATA review. Include the pre-ATA OPCC and written responses to previous
review comments. The pre-ATA (100%) submittal will not include a full distribution
and review unless in the opinion of the City Project Manager the questions from
the previous review have not been adequately addressed or resolved in the pre-
ATA submittal. If this occurs, the PM may request additional distribution, meeting,
review and related revisions at no additional cost to the City. See item (l) below.
k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the
final plans and contract documents (signed and sealed, electronic and half-size
hard copy using City Standards as applicable) suitable for reproduction. Said bid
documents henceforth become the shared intellectual property of the City of
Corpus Christi and the Consultant. The City agrees that any modifications of the
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submitted final plans (for other uses by the City) will be evidenced on the plans
and be signed and sealed by a professional engineer prior to re-use of modified
plans.
l) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals accurately reflect the percent completion designated and do not
necessitate an excessive amount of revision and correction by City . Additional
revisions or design submittals are required (and within the scope of Consultant’s
duties under this Contract) if, in the opinion of the City Engineer or designee,
Consultant has not adequately addressed City-provided review comments or
provided submittals in accordance with City standards.
m) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the Project.
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy the City’s Standard Specifications, Standard Detail sheets,
Front End Contract Documents, and forms for required bid documents.
3. Bid Phase.
The A/E will:
a) Participate in the pre-bid conference to discuss scope of work and to answer scope
questions.
b) Review all questions concerning the bid documents and prepare any revisions to
the plans, specifications, and bid form that are necessary.
c) Assist with the evaluation of bids.
d) Assist with the review of the Contractor’s Statement of Experience and confirm it
meets Contract requirements.
e) For bids over budget, the A/E will confer with City staff and provide and, if
necessary, make such revisions to the bid documents as the City staff deems
necessary to re-advertise the Project for bids.
f) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings
and conformed Contract Documents (PDF and original format [CAD/Word/etc.])
to the City.
The City staff will:
a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any
addenda, prepare bid tabulation, and conduct the bid opening.
b) Coordinate the review of the bids with the A/E.
c) Prepare agenda materials for the City Council concerning bid awards.
d) Prepare, review, and provide copies of the Contract for execution between the City
and the Contractor.
4. Construction Administration Phase.
The A/E will perform contract administration to include the following:
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a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacting the project.
b) Review Contractor submittals and operating and maintenance manuals for
conformance to Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the
Contractor and authorize required changes, which do not affect the Contractor’s
price and are not contrary to the general interest of the City under the Contract as
requested by the Owner’s Authorized Representative (OAR).
e) Make periodic visits to the site of the Project to confer with the City Project
Inspector and Contractor to observe the general progress and quality of work, and
to determine, in general, if the work is being done in accordance with the Contract
Documents. This will not be confused with the project representative observation
or continuous monitoring of the progress of construction.
f) Provide interpretations and clarifications of the plans and specifications for the
Contractor and recommendations to the City for minor changes which do not affect
the Contractor’s price and are not contrary to the general interest of the City under
the Contract as requested by the OAR
g) Attend final inspection with City staff, provide punch list items to the City’s
Construction Engineers for Contractor completion, and provide the City with a
Certificate of Completion for the Project upon successful completion of the Project.
h) Review Contractor-provided construction “red-line” drawings. Prepare Project
Record Drawings and provide a reproducible set and electronic file (both PDF and
AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line
drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and
graphics data will be in .dxf format with each layer being provided in a separate
file. Attribute data will be provided in ASCII format in tabular form. All electronic
data will be compatible with the City GIS system. The Record Drawings should
incorporate the Contractor’s red-lines and identify all changes made during
construction. The Drawing Cover and each sheet should be clearly identified as
the Record Drawing and should indicate the basis and date.
i) When requested by the OAR, assist in addressing Request for Information (RFI)
submitted by the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Conduct the final inspection with the Engineer.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. A/E may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and
will be negotiated by the Director of Engineering Services as required. The A/E shall, with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation.
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Furnish the City all engineering data and documentation necessary for all required
permits. The A/E will prepare this documentation for all required signatures. The A/E will
prepare and submit identified permits as applicable to the appropriate local, state, and
federal authorities, including:
a) Texas Department of Licensing and Regulation (TDLR)
1. Register the project with the Texas Department of Licensing and Regulation
(TDLR) and pay associated fee.
2. Provide copy of Contract Documents along with appropriate fee to TDLR for
review and approval of accessibility requirements for pedestrian improvements
by a Registered Accessibility Specialist (RAS).
3. Coordinate RAS inspection services at the end of construction and pay
associated fee.
2. Topographic and Right-of-Way (ROW) Survey.
All work must comply with Category 1-A, Condition I specifications of the Texas Society
of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas,
latest edition. All work must be tied to and in conformance with the City’s Global
Positioning System (GPS) control network. All work must comply with all TxDOT
requirements as applicable. Include references tying Control Points to a minimum of two
(2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be
disturbed by construction. Survey sheets shall be sealed, provided to the City and
included in the bid document plan set.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside the limits of
area that will be disturbed by construction.
d) Horizontal control will be based on NAD 83 State plane coordinates (South
Zone), and the data will have no adjustment factor applied – i.e. – the coordinate
data will remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional (non-GPS) methods.
Perform topographic surveys to gather existing condition information.
g) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water,
water, IT and gas lines as well as any other lines owned by third-parties and
locate all visible utilities, wells and signs within the apparent ROW width along
project limits. Survey shall include utility marking from the Texas 811 request.
h) Open accessible manholes and inlets to obtain information on structure invert,
type, and size; and all related pipe size, type, invert, orientation, and flow
direction.
i) Everything up to and including Level B subsurface engineering (SUE) is to be
included in Topographic Survey. Surveying services related to Level A SUE are
not included in Topographic and ROW Survey services, but shall be provided as
part of the scope of work for SUE below, if needed.
j) Locate existing features within the apparent ROW.
k) Locate and identify trees, at least five inches in diameter, and areas of significant
landscape or shrubs within the apparent ROW.
l) Generate electronic planimetric base map for use in project design.
m) Obtain finished floor elevations of critical and habitable structures along the
roadway corridor as needed to certify drainage design criteria are met.
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EXHIBIT “A”
Page 8 of 10
Revised 27 February 2020
n) The survey should not stop at the property line, but should extend beyond the
property line as needed to pick up features and surface flow patterns in the
vicinity of the Project that could potentially impact the design or be impacted by
the construction. This includes features such as existing swales or ditches,
foundations, loading docks/overhead doors, driveways, parking lots, etc.
o) Research plats, ROW maps, deed, easements, and survey for fence corners,
monuments, and iron pins within the existing ROW and analyze to establish
existing apparent ROW.
p) Provide a preliminary base map containing apparent ROW, which will be used by
the A/E to develop the proposed alignment and its position relative to the existing
and proposed ROW. This preliminary base map must show lot or property lines,
addresses, and significant business/facility names.
3. Environmental Issues.
Identify and develop a scope of work for any testing, handling and disposal of hazardous
materials and/or contaminated soils that may be discovered during construction.
4. Public Involvement.
Participate in two public meetings. One public meeting shall be held after submittal of the
Final Engineering Letter Report and one public meeting shall be held prior to start of
project construction. Prepare exhibits for meetings. Provide follow-up and response to
citizen comments. Revise contract drawings to address citizen comments, as directed by
the City. Significant revisions based on public meeting feedback may be negotiated for
an additional fee.
5. Construction Observation Services. To Be Determined.
6. Warranty Phase.
Provide a maintenance guaranty inspection toward the end of the one-year period after
acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix,
restore, patch, or replace improvement under the maintenance guaranty terms of the
contract. Document the condition and prepare a report for the City staff of the locations
and conditions requiring action, with its recommendation for the method or action to best
correct defective conditions and submit to City Staff. Complete the inspection and prepare
the report no later than sixty (60) days prior to the end of the maintenance guaranty period.
Provide the services above authorized in addition to those items shown on Exhibit “A-1” Task List,
which provides supplemental description to Exhibit “A”. Note: The Exhibit “A-1” Task List does
not supersede Exhibit “A”.
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EXHIBIT “A”
Page 9 of 10
Revised 27 February 2020
II. SCHEDULE
Date Activity
TBD NTP
6 Weeks from NTP Draft ELR submittal
3 Weeks City Review
3 Weeks from City Review Final ELR submittal
8 Weeks from sealed ELR 60% Design Submittal
3 Weeks City Review
5 Weeks from City Review 90% Design Submittal
3 Weeks City Review
2 Weeks from City Review 100% Pre-ATA Submittal
2 Weeks from City Review Final Sealed Bid Package
2 Weeks from City Review Advertise for Bids
2 Weeks from Advertise for Bid Pre-Bid Conference
2 Weeks from Pre-Bid Conference Receive Bids
6 Weeks from Bid Receipts Contract Award
2 Weeks from Contract Award Begin Construction
26 Weeks from Begin Construction Complete Construction
III. FEES
A. Fee for Basic Services.
The City will pay the A/E a fixed fee for providing all “Basic Services” authorized as per the table
below. The fees for Basic Services will not exceed those identified and will be full and total
compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in
performing these services. The fee for this project is subject to the availability of funds. The
Engineer may be directed to suspend work pending receipt and appropriation of funds.
For services provided, A/E will submit monthly statements for services rendered. The statement
will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total
services actually completed at the time of billing. City will make prompt monthly payments in
response to A/E’s monthly statements.
B. Fee for Additional Services.
For services authorized by the Director of Engineering Services under Section I.B. “Additional
Services”, the City will pay the A/E a not-to-exceed fee as per the table below:
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EXHIBIT “A”
Page 10 of 10
Revised 27 February 2020
Summary of Fees
Basic Services Fees Street Storm Water Wastewater Water Gas Total
1. Preliminary Phase $37,877 $12,000 $3,000 $2,900 $1,000 56,777
2. Design Phase $96,983 $24,000 $8,000 $5,800 $1,000 $135,783
3. Bid Phase $2,408 $1,000 $700 $600 $300 $5,008
4. Construction Administration Phase $31,018 $8,000 $5,000 $5,000 $1,000 $50,018
Subtotal Basic Services Fees $168,286 $45,000 $16,700 $14,300 $3,300 $247,586
Additional Services Fees (Allowance)
1. Permit Preparation* $996 $500 $1,496
2. Topographic and ROW Survey* $10,980 $2,500 $2,000 $2,500 $1,000 $18,980
3. Environmental Issues
4. Public Involvement* $2,463 $1,000 $100 $100 $100 $3,763
5. Construction Observation Services TBD TBD TBD TBD TBD TBD
6. Warranty Phase* $1,026 $200 $100 $100 $100 $1,526
Subtotal Additional Services Fees $15,465 $4,200 $2,200 $2,700 $1,200 $25,765
Total Fee $183,751 $49,200 $18,900 $17,000 $4,500 $273.351
*Additional Services authorized in coordination with the notice to proceed for Basic Services.
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EXHIBIT A-1
TASK LIST
CITY OF CORPUS CHRISTI, TEXAS
CITY PROJECT 18011A: CASTENON ST. – TROJAN TO DELGADO (BOND 2018)
ENGINEERING CONTRACT
The scope and fee presented herein and in Exhibit "A" are based upon the following:
• Current City Construction Budget is $1,600,000 for improvement limits from
Trojan Dr. to the northern Moody High School boundary.
• The 2018 Feasibility OPCC for the limits described above is $2,087,100.
• Additional funds may be necessary to extend the full improvement limits up to
the existing valley gutter at the Delgado St. intersection (VG to remain), for a
revised Construction Budget of roughly $2,568,000. GDL will work with the
City in the Preliminary Phase to develop a design meeting the confines of the
City budget constraints.
2018 Bond Language: "Reconstruction of existing 2-lane roadway with 2 lanes and designated
parking lanes. Includes pavement reconstruction with new pavement, improved signage, pavement
markings, and ADA ramps.”
Basic Services:
1. Provide Preliminary Phase Services to prepare the Engineering Letter Report (ELR) in accordance
with Exhibit “A” for Professional Services within the allowable City Construction Budget. The draft
ELR will provide scope options for the current City Construction Budget and for the full project
limits to Delgado. The final ELR and subsequent design will target the final City Construction
Budget as directed by the City during the ELR review process.
2. Provide Design Phase Services in accordance with Exhibit "A" for Professional Services within the
determined City Construction Budget.
3. Prepare an Opinion of Probable Construction Costs (OPCC) for each phase of project development,
to include appropriate engineering contingency amounts.
4. Both HMAC and Concrete Pavement options will be included in design.
5. Traffic Control is to consist of design and construction performance measures, accordingly.
6. Provide Quality Control/Quality Assurance (QC/QA) interim reviews of all design submittals.
7. Provide Bid Phase and Construction Phase Services as outlined in Exhibit "A" of the Contract.
Additional Services:
1. Additional Services for Permit Preparation (TDLR), Topographic Survey, Public Involvement, and
Warranty Phase Services as described in Exhibit “A” are authorized with the Notice to Proceed of
the Contract.
2. All Level A SUE services (if needed) will be provided by the City. GDL will provide the City with a
recommended scope of Level A SUE services to locate buried utilities which may have a significant
impact on the design or construction but are not otherwise locatable by means of SUE Levels B-D.
Exhibit A - 1
Page 1 of 1
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CASTENON ST. – TROJAN TO DELGADO (BOND 2018)
CITY PROJECT NO. 18011A
CONCEPTUAL SHEET INDEX
6/18/2020 – Attachment to Proposal
SHEET NO. DESCRIPTION
1 Title Sheet w/Sheet Index, Location and Vicinity Maps
2 Project Layout and Control Map
3-4 Estimated Quantities Summary (Base Bid 1 HMAC, Base Bid 2 Concrete)
5-7 General Notes, Design Criteria, Testing Schedule, Legend
8-11 Typical Street Sections (Existing & Proposed, Pavement Section, Base Bid 1, Base Bid 2)
12-15 Storm Water, Water, Wastewater, Gas Utility Base Maps (Existing & Proposed)
16 Drainage Area Map
17-21 Existing Topography Drawings
22 Demolition Summary
23-26 Demolition Layouts
27-31 Street & Storm Water P&Ps
32-33 Storm Laterals
34-35 ADA/Intersection Layouts and Details
36 Project Specific Street and Storm Details
37-41 Water & Wastewater P&Ps (and Gas as applicable)
42 Water Laterals
43 Wastewater Laterals
44 Water Enlargements
45 Project Specific Water & Wastewater Details
46-50 Signage & Striping Layouts
51-57 Signage & Pavement Marking Details (TxDOT)
58-59 Traffic Control – Construction Sequence Layouts and Notes
60-77 Traffic Control Plan and Barricade & Construction Details (TxDOT)
78 SWPPP/BMP Layout
79-81 SWPPP/BMP Detail Sheets and Notes
82-101 City Standard Detail Sheets with Concrete Driveway Summary
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Sample form for:
Payment Request
AE Contract
Revised 02/01/17
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY
WILL RESULT IN DELAYED PAYMENT OF INVOICES.
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1DocuSign Envelope ID: B97FDCCF-6A51-41DA-9A3D-F2552B8DCB2FDocuSign Envelope ID: 3F37B142-19DD-4FD2-87B7-458025CAEE7C
1 Rev 01/20
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. A waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
If claims made policy, retro date must
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.
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2 Rev 01/20
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
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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
Article 2 – 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
Article 13 – 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
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D
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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
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provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor’s risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13 – CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
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C. Claims by Contractor that are not received within the time period provided by section
13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12, shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
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ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION
ARTICLE 19 – PROJECT MANAGEMENT
ARTICLE 20 – PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
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ARTICLE 21 – QUALITY MANAGEMENT
ARTICLE 22 – FINAL RESOLUTION OF DISPUTES
ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24 – DOCUMENT MANAGEMENT
ARTICLE 25 – SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor’s Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors, textures, or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general, conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
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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.
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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.
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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.B 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
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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.
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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
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Capital Improvement Plan
City of Corpus Christi, Texas
2019 2023
thru
Description
Reconstruction of existing 2-lane roadway with 2 lanes and designated parking lanes. Includes pavement reconstruction with new pavement,
improved signage, pavement markings, and ADA ramps.
Project #18011A
Justification
Consistency with the Comprehensive Plan; Policy Statements pp. 25-32; Transportation Master Plan. This project will improve the road and
accommodate heavier traffic flows and provide a safer driving experience.
Budget Impact/Other
There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on-
going or maintenance costs.
Useful Life 25 years
Project Name Castenon St (Trojan Dr to Delgado St)
Category Street-Rehabilation
Type Reconditioning-Asset Longevit Department Street Department
Status Active
Total2019 2020 2021 2022 2023Expenditures
409,751409,751Construction/Rehab
668,250668,250Storm Water-St.
1,078,001 1,078,001Total
Total2019 2020 2021 2022 2023Funding Sources
409,751409,751G.O. Bond 2018
668,250668,250Revenue Bonds
1,078,001 1,078,001Total
Contact Director of Public Works
Priority 2 Critical- Asset Condition\longe
180
DATE: November 4, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
361-886-2601
CAPTION:
Resolution authorizing an Interlocal Cooperation Agreement with Del Mar College District for a
50-year lease in an annual amount of $10.00 for five acres of property located at or near Rodd
Field Road and Yorktown Boulevard to serve as the location for the City’s new Police Training
Academy.
SUMMARY:
This resolution authorizes an Interlocal Cooperation Agreement with Del Mar College District for
the lease of five acres of property located at the Del Mar southside campus at the corner of
Rodd Field Road and Yorktown Blvd. to serve as the new location for the City’s Police Training
Academy. The City will be responsible for construction and maintenance of the premises and
will retain ownership of the Policy Training Academy. The lease agreement between the City
and the Del Mar College District will be for an annual payment of $10.00 for a 50-year term with
an option to renew upon the end of the lease agreement for an additional 50 years.
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 infrastructure projects. One of the 42 projects included the full design
of a new Police Training Academy. The City of Corpus Christi and Del Mar College District have
an extensive cooperative relationship will the goal to enhance services for the community while
maximizing taxpayer dollars. This interlocal cooperation agreement between both entities will
further serve the community and is to provide land for the City's Police Training Academy at the
southside College campus.
The subject property to be leased is five acres and located at the new Del Mar College campus
on Yorktown. The property is being leased for a 50-year term with an option to renew for an
additional 50 years with an annual payment of $10.00. The lease will be deemed revocable if
Interlocal Cooperation Agreement with Del Mar College District for Lease of Property for
the Police Training Academy
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
construction is not commenced within 10 years. The property is to be used only for the Policy
Training Academy. The City will be responsible for the design and construction of the building
and improvements to match the adjacent Del Mar Colleges campus, with designs requiring Del
Mar College’s approval. The City also will be responsible for the maintenance of premises. In
the event of a sale of the property by Del Mar College District, the City will have the right of first
refusal.
Future Interlocal agreements may be entered into to address the construction of the Police
Academy. Upon approval of this lease agreement, the City will work with an engineer/architect
to begin the full design of the police training academy. Staff anticipate taking a design
consultant services contract to City Council for consideration of approval in December 2020.
The design is expected to take six to eight months to be completed.
The interlocal(s) may also address issues such as platting, construction, shared expenses for
Chiller, use of Campus by cadets and cohosted events at the police academy.
ALTERNATIVES:
The alternative is to reject this agreement and the City will have to look for other property
options for construction of the new Police Training Academy.
FISCAL IMPACT:
If the Interlocal Cooperation Agreement is approved the fiscal impact for future years is a lease
payment of $10.00 annually for a total of 50 years with funding available from the Police
Department General fund.
Funding Detail:
Fund: 1020
Organization/Activity: 11790
Mission Element: 151
Project # (CIP Only):
Account: 530000
RECOMMENDATION:
Staff recommends approval of this agreement. This will provide land that is needed for a new
police training academy.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Draft Lease
Resolution authorizing an Interlocal Cooperation Agreement with Del Mar College
District for a 50-year lease in an annual amount of $10.00 for five acres of
property located at or near Rodd Field Road and Yorktown Boulevard to serve as
the location for the City’s new Police Training Academy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute an Interlocal
cooperation agreement with the Del Mar College District for the lease of 5 acres at or
near Rodd Field Road and Yorktown Blvd for placement of a City Police Training
Academy.
SECTION 2. This Resolution is effective immediately upon passage.
PASSED AND APPROVED on the ______ day of _________, 2020:
Joe McComb _______________________
Roland Barrera _______________________
Rudy Garza _______________________
Paulette M. Guajardo _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Everett Roy _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
1
INTERLOCAL CONTRACT BETWEEN
DEL MAR COLLEGE DISTRICT AND CITY OF CORPUS CHRISTI
TO LEASE PROPERTY FOR CITY POLICE TRAINING ACADEMY
WHEREAS, in the spirit of cooperation, enhancing services, and maximizing tax
dollars, the Del Mar College District (College) and City of Corpus Christi (City) desire
City to locate the City's Police Training Academy on College property; and
WHEREAS, the City’s Police Training Academy is a governmental function that
does not interfere with the property’s use for College purposes and is consistent with and
complementary of the mission of College;
This Lease is hereby entered into between Del Mar College District (“College”), a Texas
Junior College District and Institution of Higher Education, and City of Corpus Christi
(“City”), a Texas Home Rule Municipal Corporation.
ARTICLE 1. DEMISE OF LEASED PREMISES
In consideration of the mutual covenants and agreements of this lease, and other good
and valuable consideration, College demises and leases to City, and City leases from
College, the premises situated on Yorktown Blvd, in Corpus Christi, Nueces County,
Texas, legally described on Exhibit A attached to this lease, and made a part of this lease
for all purposes (collectively referred to as “the premises” or “the leased premises” in this
lease).
City is to have and to hold the premises, together with all rights, privileges, easements,
appurtenances, and immunities belonging to or in any way appertaining to them, including
but not limited to any easements, rights, title, and privileges of College, existing now or at
any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, party
walls, and property contiguous to the premises and reversions that may later accrue to
College as owner of the premises by reason of the closing of any street, sidewalk, or
alley.
ARTICLE 2. LEASE TERM
§ 2.01. Fixed Beginning, Termination Date and Consideration
For and in consideration of ten dollars ($10.00) a year, receipt of which is hereby
acknowledged, College hereby leases to City, for a term of 50 years, subject to the other
terms and conditions of this Agreement (Leased Premises as described Exhibit A,
attached hereto) together with the right of ingress and egress thereto, unless terminating
sooner as provided in this lease.
The Agreement’s considerations to College and/or City include, but are not limited to:
-enhancement of safety and security on campus with the regular, conspicuous
presence of law enforcement;
2
-fostering of “goodwill” between governmental entities, contributing to public
confidence;
-creation of potential educational partnerships between College and City;
-opening potential opportunity for College and City to utilize “shared space”
consistent with respective missions; and,
-maximizing use of public resources and improving delivery of services to the
public.
§ 2.02. Right to Extend
City may extend this lease for 50 additional years by giving College written notice of City’s
intention to do so within the last two years before the lease term expires but no later than
six months before it expires, under all the terms of this lease.
§ 2.03. Termination
This lease will terminate without further notice when the term specified in § 2.01 expires,
and any holding over by City after that term expires, other than as provided in § 2.02, will
not constitute a renewal of the lease or give City any rights under the lease in or to the
premises.
§2.04. Revocable
This lease is revocable if the City does not initiate construction of the Police Training
Academy within 10 years from final execution of this lease. After construction of the Police
Training Academy, this lease is revocable if the City vacates the leased premises for a
period longer than five years.
§2.05 Irrevocable
This lease is irrevocable upon initiation of construction of the Police Training Academy as
agreed to, except if the City vacates the leased premise after constructing the Police
Training Academy for a period longer than five years.
ARTICLE 3. USE OF PREMISES
§ 3.01. Permitted and Prohibited Use of Premises
City may use the premises to develop, construct, and to operate a Police Training
Academy, and for no other purpose without the written consent of College. The Police
Training Academy may consist of single or multiple buildings, including a parking lot.
§ 3.02. Use Not Permitted
City may not use all or any part of the premises or any building situated on them for a
firing range or driving track.
3
ARTICLE 4. INTERLOCAL CONTRACTS
§ 4.01. Lease
This lease constitutes an Interlocal Contract pursuant to Texas Government Code
Chapter 791 and is dually authorized by the respective governing bodies.
§ 4.02. Contracts
The College and City contemplate entering into additional Interlocal Contracts to address
design, construction, and operation of the Police Training Academy and additional use of
the premises.
ARTICLE 5. CONSTRUCTION BY CITY
§ 5.01. General Conditions
City may, at any time and from time to time during the lease term, erect, maintain, alter,
remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on
the premises, and correct and change the contour of the premises, subject to the
following:
a. City bears the cost of any such work.
b. The premises must at all times be kept free of mechanics’ and materialmen’s liens.
c. College must be notified of the time for beginning and the general nature of any such
work, other than routine maintenance of existing buildings or improvements, at the time
the work begins.
d. The conditions of § 5.03 concerning College’s approving plans must be followed.
§ 5.02. Easements, Dedications, Zoning, and Restrictions
College must cooperate with City concerning easements, dedications, and restrictions of
the premises as follows:
a. Easements and Dedications. To provide for the more orderly development of the
premises, it may be necessary, desirable, or required that street, water, sewer, drainage,
gas, power lines, and other easements and dedications and similar rights be granted or
dedicated over or within portions of the premises. College must, on City’s request, join
with City in executing and delivering the documents, from time to time, and throughout
the lease term, as may be appropriate, necessary, or required by the several
governmental agencies, public utilities, and companies for the purpose of granting the
easements and dedications.
b. Zoning. If City considers it necessary or appropriate to obtain use, zoning, or
subdivision and precise plan approval and permits for the premises or any part of them,
College will execute the documents, petitions, applications, and authorizations as are
appropriate or required to submit the premises, or any part of them, for the purposes of
4
obtaining conditional use permits, zoning and rezoning, tentative and final tract approval,
precise plan approval, and further, for the purposes of annexation to or the creation of
districts and governmental subdivisions. College will execute these documents from time
to time as requested by City.
c. Restrictions. At City’s request, College will, from time to time, execute and deliver or
join in the execution and delivery of the documents that are appropriate, necessary, or
required to impose on the premises covenants, conditions, and restrictions providing for
the granting of exclusive uses of the premises, or any part of them; the establishment of
common and parking areas; the establishment of party walls; provisions for enlarging the
common and parking areas by establishing mutual and reciprocal parking rights and the
rights of ingress and egress; and other like matters, all of which are for the purpose of
orderly development of the premises as a commercial unit.
d. Expenses. City exclusively bears the cost and expense of any action required of
College under subparagraphs a through c, above.
e. City as College’s Agent. College appoints City as its attorney in fact and agent (to be
irrevocable so long as this lease remains in full force, which is deemed to be a power
coupled with an interest) to execute and deliver and to record any documents that may
be appropriate, necessary, or required under subparagraphs a through c above, in
College’s name, and any third person may rely on such execution, delivery, and
recordation.
§ 5.03. College’s Approval of Plans
The following rules govern College’s approving construction, additions, and alterations of
buildings or other improvements on the premises:
a. Written Approval Required. No building or other improvement may be constructed on
the premises unless the plans, specifications, and proposed location of the building or
other improvement has received College’s written approval and the building or other
improvement complies with the approved plans, specifications, and proposed location.
No material addition to or alteration of any building or structure erected on the premises
may be begun until plans and specifications covering the exterior of the proposed addition
or alteration have been first submitted to and approved by College.
b. Submission of Plans. City must, at its own expense, engage a licensed architect or
engineer to prepare plans and specifications for constructing a building or improvements
or additions or alterations to any buildings or improvements that require College’s
approval under subparagraph a above. City must submit copies of detailed working
drawings, plans, and specifications for constructing a building or improvements or
additions or alterations for College’s approval. If City wishes to construct any other
buildings or improvements or make any additions or alterations to buildings or
improvements for which College’s approval is required under Subsection (a) above, City
must submit copies of detailed working drawings, plans, and specifications for any such
projects for College’s approval before the project begins.
5
c. College’s Approval. College will promptly review and approve all plans, meeting
external architectural consistency with the remainder of the college campus, submitted
under subparagraph b above or note in writing any required changes or corrections that
must be made to the plans. Any required changes or corrections must be made, and the
plans resubmitted to College, within 60 days after the corrections or changes have been
noted. College’s failure to object to the resubmitted plans and specifications within 30
days constitutes its approval of the changes. Approval by College shall not be
unreasonably withheld, and any disapproval will be in writing with reasons, therefore.
Minor changes in work or materials not affecting the general character of the building
project may be made at any time without College’s approval, but a copy of the altered
plans and specifications must be furnished to College.
d. Exception to College’s Approval. The following items do not require submission to, and
approval by, College:
i. Minor repairs and alterations necessary to maintain existing structures and
improvements in a useful state of repair and operation.
ii. Changes and alterations required by an authorized public official with authority
or jurisdiction over the buildings or improvements, to comply with legal
requirements.
e. Effect of Approval. College’s approval of any plans and specifications applies only to
the conformity of the plans and specifications to the general architectural plan for the
premises, and College may not unreasonably withhold approval. College’s approval does
not constitute approval of the architectural or engineering design, and College, by
approving the plans and specifications, assumes no liability or responsibility for the
architectural or engineering design or for any defect in any building or improvement
constructed from the plans or specifications.
§ 5.04. Ownership of Buildings, Improvements, and Fixtures
Any buildings, improvements, additions, alterations, and fixtures constructed, placed, or
maintained on any part of the leased premises during the lease term are property of the
City. Upon expiration or termination of the lease, all permanent buildings,
improvements, additions, alterations, and fixtures become the property of the College,
unless College elects not to retain said property, in which case, City will remove any or
all of said property within 12 months after the date of expiration or termination of this
Lease Agreement.
§ 5.05. Right to Remove Improvements
City may, at any time while it occupies the premises, or within a reasonable time
thereafter, remove any furniture, machinery, equipment, or other trade fixtures owned or
placed by City, its subtenants or licensees, in, under, or on the premises, or acquired by
City, whether before or during the lease term.
6
ARTICLE 6. NOTICE
Notice may be given by hand delivery or certified mail, postage prepaid, and received
on the day hand-delivered or on the third day after deposit if sent certified mail. Notice
will be sent as follows:
IF TO CITY: IF TO COLLEGE:
City of Corpus Christi Del Mar College
Attention: City Manager Attention: President
P. 0. Box 9277 101 Baldwin Blvd.
Corpus Christi, TX 78469-9277 Corpus Christi, TX 78404
ARTICLE 7. UTILITIES
City will pay or cause to be paid all charges for water, wastewater, electricity, gas, and all
other utilities used on the premises throughout the lease term, including any connection
fees.
ARTICLE 8. REPAIRS AND MAINTENANCE,
At all times during the lease term, City will keep and maintain, or cause to be kept and
maintained, all buildings and improvements erected on the premises in a good state of
appearance and repair (except for reasonable wear and tear) at City’s own expense.
ARTICLE 9. VOLUNTARY CONVEYANCE
If College, during the lease term, desires to sell all or any portion of the Leased Premises
and/or areas of ingress/egress, City will have the right of first refusal to meet any bona
fide offer of sale on the same terms of the offer.
ARTICLE 10. COLLEGE’S WARRANTIES AND COVENANTS
§ 10.01. Warranty of Title
College warrants that it is the owner in fee simple absolute of the premises.
§ 10.02. Warranty of Quiet Enjoyment
College covenants that as long as City pays the rent and other charges under this lease
and observes the covenants and terms of this lease, City will lawfully and quietly hold,
occupy, and enjoy the premises during the lease term without being disturbed by College
or any person claiming under College, except for any portion of the premises that is taken
under the power of eminent domain.
ARTICLE 11. GENERAL PROVISIONS
§ 11.01. No Partnership or Joint Venture
7
The relationship between College and City is at all times solely that of College and City
and may not be deemed a partnership or a joint venture.
§ 11.02. Force Majeure
If constructing the building as provided in § 2.04 or curing any default or performing any
other covenant or term is delayed by reason of war, civil commotion, act of God,
governmental restrictions, regulations, or interference, fire or other casualty, or any other
circumstances beyond City’s control or that of the party obligated or permitted under this
lease to do or perform the term or covenant, regardless of whether the circumstance is
similar to any of those enumerated or not, each party so delayed is excused from
performance during the delay period.
§ 11.03. No Waiver
No waiver by either party of any default or breach of any covenant or term of this lease
may be treated as a waiver of any subsequent default or breach of the same or any other
covenant or term of this lease.
§ 11.04. Severability
If any covenant, condition, or provision in this Agreement is held to be invalid by any court
of competent jurisdiction, the invalidity of such covenant, condition, or provision in no way
affects any other covenant, condition, or provision herein contained.
§ 11.05. Interpretation
The Parties acknowledge that each of them has been actively involved in negotiating
this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the
event of any dispute over the meaning or application of any provision of this Agreement,
the provision will be interpreted fairly and reasonably and neither more strongly for or
against any Party, regardless of which Party originally drafted the provision.
§ 11.06. Effective Date of Agreement
This Agreement will begin upon approval by the City Council and District Board of
Regents and last signature of their authorized representative.
Remainder of page intentionally left blank; signature page to follow.
8
CITY OF CORPUS CHRISTI DEL MAR COLLEGE DISTRICT
______________________________ ______________________________
Peter Zanoni (Date) Mark Escamilla, Ph. D. (Date))
City Manager President/CEO
ATTEST:
______________________________
Rebecca Huerta (Date)
City Secretary
APPROVED AS TO LEGAL FORM:
______________________________
Buck Brice (Date)
Assistant City Attorney
For City Attorney
9
DATE: September 21, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
CAPTION:
Zoning Case No. 0920-01, Nemec Family Properties, Ltd (District 1). Ordinance rezoning property
at or near 3601 Interstate 69 from the “FR” Farm Rural District to the “CG-2” General Commercial
District.
SUMMARY:
The purpose of the zoning request is to allow for the construction of a commercial retail building
approximately 50,000 square feet in size.
BACKGROUND AND FINDINGS:
The subject property is 5.24 acres in size. The subject property is currently zoned “FR” Farm
Rural District and consists of vacant property and has remined undeveloped since annexation in
1995. The proposed use is a commercial retail building approximately 50,000 square feet in size
with approximately 200 parking spaces.
Conformity to City Policy
The subject property is located within the boundaries of the Northwest Area Development Plan
and is planned for a Medium Density Residential use. The proposed rezoning to the “CG-2”
General Commercial District is consistent with the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining properties, does not have a negative impact upon the adjacent
properties, and warrants an amendment to the Future Land Use map.
Public Input Process
Number of Notices Mailed
4 within 200-foot notification area
7 outside notification area
Rezoning a property at or near 3601 Interstate 69
AGENDA MEMORANDUM
Public Hearing & First Reading Ordinance for the City Council Meeting 11/10/20
Second Reading Ordinance for the City Council Meeting 11/17/20
As of September 4, 2020:
In Favor
0 inside notification area
0 outside notification area
In Opposition
0 inside notification area
0 outside notification area
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission recommended approval of the change of zoning from the “FR” Farm
Rural District to the “CG-2” General Commercial District on September 16, 2020.
ALTERNATIVES:
1. Denial of the change of zoning from the “FR” Farm Rural District to the “CG-2” General
Commercial District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Staff recommends approval of the zoning request.
Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural
District to the “CG-2” General Commercial District with following vote count.
Vote Count:
For: 9
Opposed: 0
Absent: 0
Abstained: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0920-01, Nemec Family Properties, Ltd (District 1).
Ordinance rezoning property at or near 3601 Interstate 69 from the “FR” Farm Rural
District to the “CG-2” General Commercial District.
WHEREAS, with proper notice to the public, a public hearing was held during a meeting
of the Planning Commission during which all interested persons were allowed to 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 5.24 acre tract out of Lot 8, Block 1, Nueces River Irrigation Park as shown
on the map thereof recorded in Volume “A”, Page 54, of the Map Records of Nueces County,
Texas as shown in Exhibit “A”:
from the “FR” Farm Rural District to the “CG-2” General Commercial District.
The subject property is located at or near 3601 Interstate 69. 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.
Page 2 of 5
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 3 of 5
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 4 of 5
Exhibit A
Page 5 of 5
PLANNING COMMISSION FINAL REPORT
Case No. 0920-01
INFOR No. 20ZN1021
Planning Commission Hearing Date: September 16, 2020 Applicant & Legal Description Owner: Nemec Family Properties, Ltd.
Applicant: Identity Capital, LLC.
Location Address: 3601 Interstate 69
Legal Description: Being a 5.24 acre tract out of Lot 8, Block 1, Nueces River Irrigation
Park as shown on the map thereof recorded in Volume “A”, Page 54, of the Map
Records of Nueces County, Texas, located along the west side of Interstate 69, south
of Northwest Boulevard (Farm to Market Road 624), and north of County Road 52. Zoning Request From: “FR” Farm Rural District
To: “CG-2” General Commercial District
Area: 5.24 acres
Purpose of Request: To allow for the construction of a commercial retail building
approximately 50,000 square feet in size. Existing Zoning and Land Uses Existing Zoning District Existing
Land Use
Future
Land Use
Site “FR” Farm Rural Agricultural Medium Density
Residential
North “FR” Farm Rural and
“CG-2” General Commercial
Agricultural and
Commercial
Medium Density
Residential and
Commercial
South “FR” Farm Rural Agricultural and Low
Density Residential
Medium Density
Residential
East “CG-2” General Commercial Commercial Commercial
West “FR” Farm Rural and
“RS-6” Single-Family 6
Agricultural and
Commercial
Medium Density
Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the
Northwest Area Development Plan and is planned for a Medium Density Residential
use. The proposed rezoning to the “CG-2” General Commercial District is consistent
with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the
Future Land Use map.
Map No.: 066050
City Council District: 1
Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 70 feet of
street frontage along Interstate 69 which is designated as a “F1” Freeway /
Expressway. According to the Urban Transportation Plan, “F1” Freeway / Expressway
can convey a capacity between 60,000 to 200,000 Average Daily Trips (ADT).
Staff Report
Page 2
Street R.O.W. Street
Urban
Transportation
Plan Type
Proposed
Section
Existing
Section
Traffic
Volume
Interstate 69 “F1” Freeway /
Expressway
400’ ROW
Varies paved
300’ ROW
120’ paved
12,985
ADT
(2013)
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to
the “CG-2” General Commercial District to allow for the commercial retail building approximately
50,000 square feet in size.
Development Plan: The subject property is 5.24 acres in size. The proposed use is a commercial
retail building approximately 50,000 square feet in size with approximately 200 parking spaces.
Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District
and consists of vacant property and has remined undeveloped since annexation in 1995. To the
north is a vacant property zoned “FR” Farm Rural District. Further to the north is a Wal-Mart zoned
“CG-2” General Commercial District. To the south are vacant properties zoned “FR” Farm Rural
District. To the east across Interstate 69 is a car dealership zoned “CG-2” General Commercial
District. To the west are vacant properties zoned “FR” Farm Rural District.
AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use
Zones (AICUZ).
Plat Status: The property is not platted.
Utilities:
Water: 12-inch PVC line located along Interstate 69.
Wastewater: 6-inch PVC line located along the rear property line.
Gas: 6-inch service line located along Interstate 69.
Storm Water: 20-inch line along Interstate 69.
Plan CC & Area Development Plan Consistency: The subject property is located within the
boundaries of the Northwest Area Development Plan and is planned for a Medium Density
Residential use. The proposed rezoning to the “CG-2” General Commercial District is consistent
with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land
Use map. The following policies should be considered:
• Encourage orderly growth of new residential, commercial, and industrial areas (Future
Land Use, Zoning, and Urban Design Policy Statement 1).
• 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).
• The expansion of business uses along Northwest Boulevard (F.M. 624) or any other
arterial street should be planned and zoned so that the traffic carrying capacity of the
street is protected. (Policy Statement E).
• Large-scale commercial uses are encouraged on both sides of US 77 (IH-69) north of
Robstown. (Policy Statement F).
Staff Report
Page 3
Department Comments:
• The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining properties, does not have a negative impact upon the adjacent
properties, and warrants an amendment to the Future Land Use map.
Planning Commission and Staff Recommendation (September 16, 2020):
Approval of the change of zoning from the “FR” Farm Rural District to the “CG-2” General
Commercial District.
Public Notification Number of Notices Mailed – 4 within 200-foot notification area
7 outside notification area
As of September 4, 2020:
In Favor – 0 inside notification area
– 0 outside notification area
In Opposition – 0 inside notification area
– 0 outside notification area
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0920-01 Nemec Family
Properties, LTD/Council Documents/Report - Nemec Family Properties, LTD.docx
Staff Report
Page 4
Nemec Family Properties, Ltd.
Rezoning for a Property at 3601 Interstate 69
From “FR” To “CG-2”
Zoning Case #0920-01
N
City Council
November 10, 2020
2
Aerial Overview
3
Zoning Pattern
4
Approval of the
“CG-2” General Commercial District
Planning Commission and
Staff Recommendation
5
Public Notification
4 Notices mailed inside 200’ buffer
7 Notices mailed outside 200’ buffer
Notification Area
Opposed: 0 (0.00%)
In Favor: 0
6
UDC Requirements
Buffer Yards:
CG-2 to FR: N/A
CG-2 to RS-6: Type C: 15’ & 15 pts
Setbacks:
Street: 20 feet
Side/Rear: 0 feet
Parking:
1:250 square feet
Landscaping, Screening, and
Lighting Standards
Uses Allowed: Multifamily, Offices,
Medical, Restaurants, Retail, Bars,
and Hotels.
7
Utilities
Water:
12-inch PVC
Wastewater:
6-inch PVC
Gas:
6-inch line
Storm Water:
20-inch line
DATE: October 16, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
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; 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 the prevention of 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. A considerable number (70%) of the auto burglaries
reported in 2018 were also “victim assisted” in 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 the prevention of becoming a victim of auto
burglary and auto theft. The funds will be used to purchase five bus wraps with the Corpus
Christi Regional Transportation Authority and advertising on ten bus benches, including
production of the wraps and advertising space. The locations of bus benches will be based on
availability and on “hot spots” for auto crimes. The bus wraps will be chosen according to travel
into shopping centers, business centers, parking lots, etc. The contract period is for six months.
This is the first year that the City is awarded this grant from State Farm Insurance.
ALTERNATIVES:
The alternative of not accepting the funds will mean the holiday public awareness campaign for
Acceptance and Appropriation of Grant Funds from State Farm Insurance for the Auto
Burglary and Auto Theft Holiday Public Awareness Campaign
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting November 10, 2020
Second Reading Ordinance for the City Council Meeting November 17, 2020
Auto Burglary and Auto Theft will not occur.
FISCAL IMPACT:
The fiscal impact for FY 2021 is the acceptance and appropriation of the State Farm Insurance
grant in an amount of $10,000 to the Police Grants Fund. The City is not required to provide a
cash match
Funding Detail:
Fund: 1061
Organization/Activity: Police Grants fund/822902L
Mission Element: 152
Project # (CIP Only):
Account: 530000 – Professional Services
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 ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca L. Huerta Joe McComb
City Secretary Mayor
1
Sarah Brunkenhoefer
From:Melissa Castro
Sent:Friday, October 16, 2020 1:12 PM
To:Pat Eldridge
Subject:Fw: Request for Assistance CCPD Auto Theft Task Force Public Awareness Campaign 2020
Melissa M. Castro
Auto Theft Task Force Grant Administrator
Criminal Investigations Division
Corpus Christi Police Department
MelissaMa@cctexas.com
361‐886‐2872 Office
361‐886‐2779 Fax
From: Felicia Hutchins <felicia.hutchins.czz3@statefarm.com>
Sent: Friday, October 16, 2020 10:13 AM
To: Melissa Castro <MelissaMa@cctexas.com>
Cc: Mark Tuley <MarkT@cctexas.com>
Subject: RE: Request for Assistance CCPD Auto Theft Task Force Public Awareness Campaign 2020
[ [ 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. ] ]
Melissa,
We are pleased to be able to provide Corpus Christi Police Dept. with a $10,000 grant for the Holiday Public Awareness
Campaign for 2020.
Here is the link to the grant application:
http://www.cybergrants.com/pls/cybergrants/ao_login.login?x_gm_id=4214&x_proposal_type_id=37142
Your unique invitation code: DICZZ3
If you have any questions, please feel free to reach out to me!
Felicia Hutchins, CPCU®, ChFC®, CLU®
State Farm Insurance
Corporate Responsibility
2
Desk 512‐918‐4996
Cell: 512‐239‐8322
Follow me on Twitter: @SF_FeliciaH
From: Melissa Castro [mailto:MelissaMa@cctexas.com]
Sent: Wednesday, October 07, 2020 1:43 PM
To: Felicia Hutchins <felicia.hutchins.czz3@statefarm.com>
Cc: Mark Tuley <MarkT@cctexas.com>
Subject: [EXTERNAL] Request for Assistance CCPD Auto Theft Task Force Public Awareness Campaign 2020
Hello, Felicia!
It was great catching up with you yesterday! Again, thank you for your consideration on our request for
assistance with our public awareness campaign. Enclosed please find detailed invoice from ICONIC
SIGNGROUP, LLC.
RTA and Iconic Sign Group have covered the cost difference between the $10,500 and retail price of $38,790
for the last two years. As expressed yesterday, MVCPA grantees have cut 3.8% of this year's budget and there
are mentions of an additional 5% cut possibly in the very near future. Our press conference with ICT
presenting the "LOCK, TAKE and HIDE" parking lot signs and our bus unveiling has turned into a holiday
initiative that kicks off the start of the "Holiday Shopping Season". Covid restrictions have cancelled all our
public awareness events but burglary to vehicles and auto thefts have not been curtailed by Covid. Our bus
and bench wraps are now more so invaluable tools that we need to spread awareness to our
community. Again, thank you Felicia for your consideration to continue our fight in reducing the number of
victims of auto crimes. Please do not hesitate contacting our agency for any other information or
clarification. Be safe and looking forward to hearing from you.
Melissa M. Castro
Auto Theft Task Force Grant Administrator
Criminal Investigations Division
Corpus Christi Police Department
MelissaMa@cctexas.com
361‐886‐2872 Office
361‐886‐2779 Fax
From: Copier <Copier@cctexas.com>
Sent: Wednesday, October 7, 2020 12:57 AM
To: Melissa Castro <MelissaMa@cctexas.com>
Subject: Send data from MFP13436402 10/07/2020 00:57
Scanned from MFP13436402
Date:10/07/2020 00:57
3
Pages:7
Resolution:200x200 DPI
----------------------------------------
DATE: October 19, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
CAPTION:
Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in an amount of
$22,734.08 to fund overtime and related costs for the Red Cord Initiative Diversion Program
(Prostitution Crimes Reduction Program); and appropriating $22,734.08 in the Police Grants
Fund.
SUMMARY:
The Coastal Bend Wellness Foundation has received a grant from the State of Texas, Office of
the Governor, Public Safety Office, Criminal Justice Division in an amount of $22,734.08 to
fund overtime and fringe benefits for the Police Department to work with the Red Cord Initiative
Diversion Program. The City is considered a subgrantee.
BACKGROUND AND FINDINGS:
The Corpus Christi Police Department (CCPD) will work with the Coastal Bend Wellness
Foundation to provide overtime to conduct law enforcement activities to prevent, control, or
reduce prostitution crimes during the grant period of October 1, 2020 to September 30, 2021.
The Police Department will provide the following:
Assign personnel specifically trained and specialized in targeting investigations and
prosecutions of prostitution crimes.
Coordinate and schedule operations in high risk areas to target individuals who be
eligible for diversion program.
Participate and support performance measures and evaluation plan to meet contractual
obligations.
Identify a point of contact to serve on the Red Cord Initiative Multi-Disciplinary Care
Team and attend coordinating group planning meetings as appropriate.
The Red Cord Initiative is a community-based pretrial prostitution diversion program dedicated
to providing practical, emotional, and social support for those involved in sex work through
mobilization and engagement of community partnerships. The program includes case
management, law enforcement, prosecution, and behavioral health services including
Acceptance and Appropriation of Grant Funds for the Red Cord Initiative Diversion
Program (Prostitution Crimes Reduction Program)
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting November 10, 2020
Second Reading Ordinance for the City Council Meeting November 17, 2020
substance abuse treatment in Nueces County for eligible individuals. The Red Cord Initiative
believes in a community-based, comprehensive, and holistic approach with the goals of
reducing the harm an individual has caused to themselves, as well as the harm that the
individual is causing the surrounding community. The Red Cord Initiative focus is to improve
public safety and public order in the Corpus Christi and Nueces County neighborhoods and
reduce justice system involvement of people who successfully complete the program.
The Police Department will run two operations, each to run for seven hours, for a total salary
cost in an amount of $17,994.36 and fringe benefits in an amount of $4,739.72 for a total grant
amount of $22,734.08.
ALTERNATIVES:
The alternative of not accepting the funds will cause the program not to be implemented.
FISCAL IMPACT:
The fiscal impact for FY2021 is accepting and appropriating an amount of $22,734.08 to the Police
Grants Fund. There is no required City match.
Funding Detail:
Fund: 1061
Organization/Activity: Police Grants Fund
Mission Element: 152
Project # (CIP Only):
Account: $22,734.08
RECOMMENDATION:
Staff recommends accepting the award and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Grant award document
Ordinance authorizing accepting grant funds from the Coastal Bend
Wellness Foundation in the amount of $22,734.08 to fund overtime and
fringe benefits for the Red Cord Initiative Diversion Program
(Prostitution Crimes Reduction Program); and appropriating
$22,734.08 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 funds from the Coastal Bend Wellness Foundation in the
amount of $22,734.08 to fund overtime and fringe benefits for the Red Cord Initiative
Diversion Program.
Section 2. $22,734.08 is appropriated in the No. 1061 Police Grants Fund.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca L. Huerta Joe McComb
City Secretary Mayor
DATE: October 19, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
886-2603
CAPTION:
Ordinance authorizing acceptance of a grant in an amount of $48,211.68 from State of Texas,
Criminal Justice Division for Violence Against Women Program with a cash match of $13,702.16
and in-kind match of $6,960.00; appropriating $48,211.68 in the Police Grants Fund; authorizing
one FTE for a Victim Case Manager; and authorizing a transfer of $13,702.16 from the General
Fund to the Police Grants Fund.
SUMMARY:
Funding is available from the State of Texas, Criminal Justice Division, under the Violence
Against Women Act (VAWA) which the City has been awarded for 21 years. 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 civilian officers and
volunteers to contact family violence victims when a written report is made. The grant provides
funds for one civilian victim case manager to contact 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 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 $48,211.68 for the salary/benefits of one Victim Case Manager, equipment,
supplies, training, and mileage. The Case Manager also coordinates volunteer hours that
contribute to the $6,690 in-kind contribution. The City contributes $13,702.16 for training, travel,
supplies and miscellaneous equipment as the required match. The grant period is September 1,
Acceptance and Appropriation of the Violence Against Women Act Grant
AGENDA MEMORANDUM
Future Item for the City Council Meeting of November 10, 2020
Action Item for the City Council Meeting November 17, 2020
2020 through – August 31, 2021.
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 FY2021 is accepting and appropriating an amount of $48,211.68 to the
Police Grants Fund. This item will also authorize a transfer in an amount of $13,702.16 from the
General Fund to the Police Grants Fund for the City cash match.
Funding Detail:
Fund: 1020 & 1061
Organization/Activity: 1020-60035/1061-822022F
Mission Element: 156
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
RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Statement of Grant Award
Ordinance authorizing acceptance of a grant in an amount of $48,211.68 from State
of Texas, Criminal Justice Division for Violence Against Women Program with a
cash match of $13,702.16 and in-kind match of $6,960.00; appropriating $48,211.68
in the Police Grants Fund; authorizing one FTE for a Victim Case Manager; and
authorizing a transfer of $13,702.16 from the General Fund to the Police Grants
Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept a grant from the State of Texas, Criminal Justice Division in the
amount of $48,211.68 to continue the Violence Against Women Program within the Police
Department with a cash match of $13,702.16 and an in-kind match of $6,960.00 for a total
project cost of 68,873.84.
SECTION 2. That the $48,211.68 grant is appropriated in the No. 1061 Police Grants
Fund to continue the Violence Against W omen Program in the Police Department.
SECTION 3. The transfer of $13,702.16 from the No. 1020 General Fund to the No. 1061
Police Grants Fund as grant matching fun ds is authorized and appropriated for a total
project cost of 68,873.84.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed f inally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca L. Huerta Joe McComb
City Secretary Mayor
DATE: November 2, 2020
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
361.886.2601
Peter Collins, Director of Information Technology
PeterC@cctexas.com
361.826.3735
CAPTION:
Ordinance authorizing an Interlocal Cooperation Agreement between the City of Corpus
Christi, Nueces County, and the Regional Transportation Authority (RTA) to pay for the
P25 Public Safety Radio System Upgrade; appropriating $608,000 of anticipated revenue
from Nueces County and $192,000 of anticipated revenue from the RTA in the Police
Building CIP Fund; and amending the FY 2021 budget adopted by Ordinance No. 032203
by increasing revenues and expenditures by $800,000 each.
SUMMARY:
The City of Corpus Christi, Nueces County, and RTA are owners of the Public Safety
Radio System. The upgrade to P25 will address issues in coverage, infrastructure,
connectivity, redundancy, and security. The existing radio system has reached end of life,
which dictates that the equipment and infrastructure must be replaced. The City of
Corpus Christi will appropriate funding received from the County and RTA into the Police
Building CIP Fund.
BACKGROUND AND FINDINGS:
P25 is the latest radio protocol standard used internationally. The City of Corpus Christi,
Nueces County, and RTA are updating the current radio system to improve coverage,
reliability, interoperability and replace current infrastructure that has reached end of life .
This upgrade requires additional infrastructure, software, antennas and other equipment
necessary to sustain the upgraded radio system. Project timeline and milestones will be
developed within 45 days of execution of this Interlocal Agreement.
Interlocal Agreement P25 Upgrade of Radio System and an
Ordinance for the Appropriation of Funds
AGENDA MEMORANDUM
Action Item for the City Council Meeting November 10, 2020
This Interlocal Agreement provides for the City of Corpus Christi, Nueces County, and the
RTA to share the costs of the P25 upgrade to the Public Safety Radio System in
accordance to ownership. The Public Safety Radio System upgrade to P25 will cost
$3,200,000 where the City of Corpus Christi will pay $2,400,000 based on 75%
ownership, the County will pay $608,000 based on 19% ownership and the RTA will pay
$192,000 based on 6% ownership. The City’s funding was approved in the 2018 bond
election and has been secured through the issuance of voter-approved general obligation
bonds.
ALTERNATIVES:
The City would perform the upgrade alone which would require additional funds by the
City.
FISCAL IMPACT:
The fiscal impact for FY2021 is appropriating an amount of $608,000 from Nueces County
and $192,000 from the RTA for a total of $800,000 to the Police Building CIP Fund. The
City of Corpus Christi’s allocation of $2,400,000 is funded through general obligation
bonds approved by the voters in 2018. Total project cost is $3,200,000.
Funding Detail:
Amount: $2,400,000
Fund: 3343 - Police 2020 Bond 2018 CIP Fund
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): 18038 - Police Radio Communication System
Account: 550030 - Improvements Other than Building
Police CIP Fund
Amount: $800,000
Fund: 3340 – Police Building CIP Fund
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): 18038 - Police Radio Communication System
Account: 550030 - Improvements Other than Building
RECOMMENDATION:
City staff recommends approving the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Interlocal Agreement P25 Upgrade
Ordinance authorizing an Interlocal Cooperation Agreement between
the City of Corpus Christi, Nueces County, and the Regional
Transportation Authority (RTA) to pay for the P25 Public Safety Radio
System Infrastructure Upgrade; appropriating $608,000 of anticipated
revenue from Nueces County and $192,000 of anticipated revenue
from the RTA in the Police Building CIP Fund; and amending the FY
2021 budget adopted by Ordinance No. 032203 by increasing revenues
and expenditures by $800,000 each.
WHEREAS, the City of Corpus Christi (“City”) and Regional Transportation Authority
(“RTA”) are parties to an Interlocal Cooperation Agreement dated September 23, 1991
(the “Radio Communications System Interlocal Agreement”), providi ng for the
development and operation of an advanced 800 MHz public safety trunked radio system
(“Radio System”); and
WHEREAS, the City, RTA, and Nueces County (“County”) are parties to an Interlocal
Cooperation Agreement dated February 4, 1994 (the “Radi o System Participation
Agreement”), being the first amendment to the Radio Communications System Interlocal
Agreement;
WHEREAS, the radio system will be upgraded to P25 radio technology. This includes
towers, electronics, microwave, data circuits and support equipment and software.
WHEREAS, the estimated cost for this P25 radio upgraded is $3,200,000, the City, RTA
and County wish to divide the costs based on radio percentages. The City of Corpus
Christi will pay 75% or $2,400,000; Nueces County will pay 19% or $608,000; and the RTA
will pay 6% or $192,000.
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 an Interlocal
Cooperation Agreement with Nueces County and the Regional Transportation Authority
to pay for the P25 Public Safety Radio System Upgrade and accepting funds under the
agreement from the County and RTA.
SECTION 2. Anticipated revenues in the amount of $800,000 received under this
agreement from the County and RTA will be appropriated in the No. 3340 Police Building
CIP Fund.
SECTION 3. The FY2020-21 Budget adopted by Ordinance No. 032203 will be
amended to increase revenue and expenditures by $800,000 each.
2
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Rudy Garza ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI,
REGIONAL TRANSPORTATION AUTHORITY AND
COUNTY OF NUECES
RADIO SYSTEM P25 UPGRADE
This Interlocal Cooperation Agreement ("Agreement") is made by and between the City
of Corpus Christi, Texas ("City"), a Texas home-rule municipal corporation, the Regional
Transportation Authority ("RTA"), a metropolitan transit authority under Article 1118x, V.A.T.S.,
and the County of Nueces ("County"), a political subdivision of the State of Te xas, each acting
herein by and through its duly authorized official, effective for all purposes upon the execution
by all parties.
WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated
September 23, 1991 (the “Radio Communications System Interlocal Agreement”), providing for
the development and operation of an advanced 800 MHz public safety trunked radio system
(“Radio System”); and
WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement
dated February 4, 1994 (the “Radio System Participation Agreement”), being the first
amendment to the Radio Communications System Interlocal Agreement;
WHEREAS, the radio system will be upgraded to P25 radio technology. This includes
towers, electronics, microwave, data circuits and support equipment and software.
WHEREAS, the estimated cost for this P25 radio upgraded is $3,200,000 the City, RTA and
County wish to divide the costs based on radio percentages.
NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI,
REGIONAL TRASNPORTATION AUTHORITY AND THE COUNTY OF NUECES:
1. SCOPE OF WORK. The City, RTA and County agree to joint partners for the P25 radio
upgrade. The City will be performing the upgrade to P25 standard which includes
software, antennas, generators, communication equipment, radio equipment, shelters,
microwaves, and back up communication circuits. The County and RTA are not obligated
to any performance other than financial support as agreed in this agreement.
2. RTA PARTICIPATION. The RTA agrees to pay up to $192,000, 6% of the $3,200,000 P25
estimated radio upgrade cost.
3. CITY PARTICIPATION. The City agrees to pay up to $2,400,000, 75% of $3,200,000 P25
estimated radio upgrade cost.
4. COUNTY PARTICIPATION. The County agrees to pay up to $608,000, 19% of $3,200,000
estimated P25 radio upgrade cost.
5. PERIOD OF PERFORMANCE. This agreement shall continue until such time as the P25
radio upgrade has been completed. The estimated completion date of the P25 radio
upgrade is eighteen months from final execution of this agreement.
6. PAYMENTS. Any payment made by the City, RTA, or County for any of the services
provided pursuant to this Agreement shall be made out of current revenues available to
such parties as required by the Interlocal Cooperation Act. All funding obligations of the
RTA, City, and County under this agreement are subject to the appropriation funds by
each entity in its annual budget.
RTA shall make payments incrementally to the City based upon completed Milestones of
the project. Payment Milestones will be presented for review and mutual agreement
within 45 days of execution of this agreement.
A project schedule and milestones shall be prepared and presented to all parties upon 45
days of execution of this agreement.
County will make quarterly payments to City. Payments will occur as follows:
• $202,666.66 by June 30, 2021,
• $202,666.67 by September 30, 2021, and
• $202,666.67 by December 31, 2021 (Final Payment).
The Final Payment amount may be adjusted to be less should expenses at that time
indicate the County has reached its agreed percentage amount (19%) of the P25 radio
upgrade cost. If upon final completion of the P25 radio upgrade project it should be
determined that County paid more than 19% of the total project upgrade City shall
reimburse such overage amount after project completion, upon written request by the
County. This paragraph survives termination of this agreement.
City agrees to provide documentation detailing expenses for this P25 radio upgrade
project.
7. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the
names and addresses stated below. Either party to the Agreement may change the name
and address by notice to the other in accordance herewith, and any change shall take
effect immediately upon receipt of the notice.
CITY:
Peter Zanoni, City Manager
1201 Leopard Street
Corpus Christi, Texas 78401
With a copy to:
Mike Markle, Chief of Police
Corpus Christi Police Department
321 John Sartain
Corpus Christi, Texas 78401
COUNTY:
Barbara Canales, County Judge
Nueces County Courthouse
901 Leopard Street, Room 303
Corpus Christi, Texas 78401
RTA:
Jorge Cruz-Aedo, Chief Executive Officer
Regional Transportation authority
602 North Staples
Corpus Christi, Texas 78401
8. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this
agreement are authorized to execute amendments to this agreement, as indicated in
paragraph 11. Any increases in expenditures will be subject to approval and appropriation
by the City Council, County Commissioner’s Court, and RTA Board of Directors,
respectively.
9. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any
person or circumstance, is rendered or declared illegal for any reason, or shall be invalid
or unenforceable, the remainder of the agreement and the application of the provision
to other persons or circumstances shall not be affected thereby but shall be enforced to
the greatest extent by applicable law. The City, County, and RTA agree that this
agreement shall be reformed to replace the stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressi ng the intention of
the stricken provision.
10. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution
procedures provided in Chapter 2260 of the Texas Government Code will be used to
resolve contract claims under this contract.
11. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties
relative to the subject matter and may only be modified or amended by a written
agreement signed by all parties. It shall be construed in accordance with the laws of the
State of Texas.
12. INTERLOCAL COOPERATION ACT. This agreement is subject to the terms and provisions
of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government
Code. Further, each party represents that this agreement has been duly passed and
approved by its governing body, as required by the Act.
CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY
By:_______________________________
Name: Jorge Cruz-Aedo
Title: Chief Executive Officer
Date:_____________________________
COUNTY OF NUECES
By:_______________________________
Name: Barbara Canales
Title: County Judge
Date:_____________________________
CITY OF CORPUS CHRISTI
ATTEST
__________________________________ By:_________________________________
Rebecca Huerta Peter Zanoni
City Secretary City Manager
APPROVED AS TO FORM:
This____ day of ___________2020
__________________________________
Gabriel A. Rodriguez, Assistant City Attorney
For City Attorney
DATE: October 30, 2020
TO: Peter Zanoni, City Manager
FROM: Charles Mendoza, Deputy Director of Asset Management
CharlesM2@cctexas.com
(361) 826-1941
CAPTION:
Ordinance authorizing a one year lease with Sinister, LLC with monthly rent of $100
including an option to extend for four additional one year terms with monthly rent of $300
for use of the city owned property located at 1401 Leopard Street for a parking l ot.
SUMMARY:
The purpose of this item is to enter into an agreement with Sinister Off Road , LLC for use
of a parking lot on 1401 Leopard Street in an amount of $100 per month. This vacant
parking lot will provide an opportunity for the City to gain revenue in addition to
maintenance of the lot.
BACKGROUND AND FINDINGS:
Sinister Off Road is an automotive, offroad, and custom fabrication shop located on 1400
Leopard Street. With the current construction on Leopard Street, employees from this
shop have had to park on the street. Th is lease refers to a City parking lot that has not
been in use and is across the street on 1401 Leopard Street. This parking lot will assist
the owner by providing a designated area for his employees’ vehicles instead of on the
street. In return, the City will gain revenue and maintenance on a parking lot that has been
vacant.
The key points of the lease are:
One (1) year term with (4) additional one year periods (option periods).
$100 per month rent, on or before the first (1st) day of each month; Rent shall
increase to $300 if any additional exercised option period years.
Be solely responsible for the costs of surfa ce maintenance, repairs, mowing and
grounds maintenance, and all utilities.
City of Corpus Christi and Sinister Off Road Approval of Lease Agreement.
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting November 10, 2020
Second Reading Ordinance for the City Council Meeting November 17, 2020
The premise will serve as a parking lot only, and for no other purpose.
May not assign this lease or sublet without consent of the City.
Shall not make alterations, additions, or structural changes without prior written
consent and approval of the City.
Responsible for the towing of unauthorized vehicles on leased property.
ALTERNATIVES:
An alternative would be to not lease the parking lot to Sinister Off Road. However, this
will provide an opportunity for the City to gain revenue in addition to maintenance on a
parking lot that has been vacant.
FISCAL IMPACT:
A total of $1,200 will be the annual amount of rent for this agreement in the first year.
FUNDING DETAIL:
Fund: 1020
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account: 343400
Cost: $1,200
RECOMMENDATION:
Staff recommends approval of ordinance authorizing a one year lease with Sinister, LLC
with monthly rent of $100 including an option to extend for four additional one year terms
with monthly rent of $300 for use of the city owned property located at 1401 Leopard
Street for a parking lot.
LIST OF SUPPORTING DOCUMENTS:
Lease agreement
Ordinance
Ordinance authorizing a one year lease with Sinister, LLC with
monthly rent of $100 including an option to extend for four additional
one year terms with monthly rent of $300 for use of the city owned
property located at 1401 Leopard Street for a parking lot.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. That the City Manager or designee is authorized to execute a one year lease
agreement with Sinister, LLC for the use of city owned property located at 1401 Leopard
Street, with monthly rent of $100 and an option to extend for four additional one year
terms with monthly rent of $300. A copy of the Agreement is on file with the City Secretary.
The agreement may be extended for four additional one year terms with prior approval of
the City Manager.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Vacant ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb ________________ Michael Hunter______________
Roland Barrera ________________ Ben Molina ______________
Vacant ________________ Everett Roy ______________
Paulette M. Guajardo ________________ Greg Smith ______________
Gil Hernandez ________________
PASSED AND APPROVED on this the ______ day of _________________, 2020.
ATTEST:
_________________________ ________________________
Rebecca Huerta Joe McComb
City Secretary Mayor
PARKING LOT LEASE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND SINISTER, LLC
This Lease Agreement ("Lease") is entered into this _____day of ___________, 2020 by
and between the CITY OF CORPUS CHRISTI, a Texas Home Rule Municipality,
hereinafter referred to as the "City", and the SINISTER OFF ROAD LLC, a Texas limited
liability company, hereinafter referred to as the "Lessee".
WHEREAS, City owns title to certain real property and improvements thereon, a parking
lot with parking spaces, located on the property bounded by Leopard and Sam Rankin
Streets, Corpus Christi, Nueces County, Texas, known as “1401 Leopard Street” and
legally described as JONES N17.9' OF LTS 1, 2, 3, ALL OF LTS 11 & 12 BK 10 AKA TR
A, as shown on "Exhibit A", attached hereto and incorporated herein for all purposes;
and
WHEREAS, Lessee desires to lease 1401 Leopard Street, as marked in Exhibit A,
("Leased Premises') for parking purposes; and
NOW THEREFORE, in consideration of the mutual covenants in this agreement, the City
and Lessee hereby agree as follows:
Section 1. TERM:
The term of this Lease is for one (1) year, beginning on the date of City Council approval
(commencement date). The parties may mutually extend the term of this agreement for
up to 4 additional one-year periods (option periods), provided, the parties do so in writing
and prior to the expiration of the original term or the then-current option period. The City’s
extension authorization must be executed by the City Manager or designee. After the
fourth option period has ended the Lessee may remain as a holdover tenant under the
most recent terms of this agreement.
Section 2. RENT:
The Lessee agrees to pay the City the sum of $100 per month as rent, which shall be due
and payable without demand or notice on or before the first (1st) day of each month during
the term of this Lease, beginning on the Commencement Date. The Rent shall then
increase to $300 in any additional exercised option period years.
Section 3. DESCRIPTION OF PROPERTY:
City leases to Lessee that certain property owned by City bounded by Leopard and Sam
Rankin Streets known as “1401 Leopard Street” and legally described as JONES N17.9'
OF LTS 1, 2, 3, ALL OF LTS 11 & 12 BK 10 AKA TR A , as described in Exhibit A, for
use as a parking lot.
Section 4. USE:
Except with the prior written consent of the City, the Lessee shall use the Leased
Premises as a parking lot only, and for no other purpose. Vehicles awaiting repair or
pickup may not be stored on the Leased Premises.
Section 5. ASSIGNMENT:
The Lessee may not assign this Lease or sublet any portion of the Leased Premises
without the written consent of the City.
Section 6. SURFACE MAINTENANCE:
The Lessee agrees to keep the surface of the Leased Premises in good repair and
maintenance during the term of this Lease. Notwithstanding the foregoing, the Lessee will
be solely responsible for the costs of surface maintenance and repairs. Lessee also
agrees to professionally clean up any fluid leaks and/or chemical stains left as a result of
usage of the Leased Premises.
Section 7. MOWING AND GROUNDS MAINTENANCE:
The Lessee agrees to mow and maintain the grounds for the Leased Premises.
Section 8. UTILITIES:
The Lessee agrees to provide the water, electric and lighting for the Leased Premises.
Section 9. ALTERATIONS:
The Lessee shall not make any alterations, additions, or structural changes to the
Premises without the prior written consent and approval of the City, Asset Management
Department, Facilities Division. Any alterations, additions, or structural changes, if
approved, shall remain a part of the Premises at the conclusion of the term of this Lease.
Section 10. TOWING ENFORCEMENT:
All parking spaces on the leased Property must have proper signage and identifying paint
before towing can commence. Lessee will be responsible for the towing of unauthorized
vehicles on leased Property. Any towing conducted must be in compliance with State law.
Section 11. INSURANCE:
On or before the Effective Date, the Lessee must deliver a certificate of insurance (“COI”),
as proof of the required insurance coverages, to the City’s Risk Manager. 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 Exhibit B, the content of which is incorporated by reference
into this Agreement as if fully set out here in its entirety.
Section 12. INDEMNIFICATION:
Lessee shall assume all risks incident to the use of the leased Property as a parking
lot and shall fully indemnify, save, and hold harmless the City, its officers,
employees, and agents (“Indemnitees”) against all liability, damage, loss, claims
demands, and actions of any kind on account of personal injuries (including,
without limiting the foregoing, workers’ compensation and death claims), or
property loss or damage of any kind, which arise out of or are in any manner
connected with, or are claimed to arise out of or be in any manner connected with
Lessee’s activities or incidental to this Agreement, including any injury, loss or
damage caused by the sole or contributory negligence of any or all of the
Indemnitees. Lessee must, at its own expense, inves tigate all those claims and
demands, attend to their settlement or other disposition, defend all actions based
on those claims and demands with counsel satisfactory to Indemnitees, and pay
all charges of attorneys and all other cost and expenses of any kin d arising from
the liability, damage, loss, claims, demands, or actions.
Section 13. NOTICE:
Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
To City: To Lessee:
City of Corpus Christi Sinister, LLC
Attn: Director of Asset Management Attn: Owner
P.O. Box 9277 1400 Leopard Street
Corpus Christi, Texas 78469 Corpus Christi, Texas 78401
Section 14. DEFAULT REMEDIES:
The Lessee hereby agrees that if the Lessee defaults in the payment of rent or violates
any other covenant of this Lease, then this Lease may be forfeited at the City's discretion
if such default continues for a period of thirty (30) days after the City notifies the Lessee
in writing of any such default and the City's intention to declare this Lease forfeited. Unless
the Lessee has completely removed or cured the default within thirty (30) days of
receiving such notice, this Lease shall cease and the City shall be entitled to immediately
re-enter and retake possession of the Premises.
Section 15. TERMINATION:
A. Lessee shall have the right to terminate this Agreement by giving City thirty (30)
days’ prior written notice of the date of termination, in which case all obligations on
the part of Lessee shall also terminate as of the date of termination, so long as the
Property is returned in same or better condition as upon the Effective Date, normal
wear and tear excepted. If the Property is not in such conditi on, Lessee shall repair
the Property to such condition within sixty days after termination of this Agreement.
B. If there is noncompliance with one or more of the provisions contained herein,
either party may give written notice to the other party to cure or begin curing the
default(s) within ten days of receipt of notice. If there is not compliance or
substantial compliance with each provision identified within ten days of receiving
said notice, the complying party may terminate this Agreement for cause by
providing written notice of termination to the noncomplying party and listing one or
more areas of continued noncompliance.
C. City shall have the right to terminate the Agreement at will by giving Lessee thirty
(30) days’ prior written notice of the date of termination.
Section 16. QUIET ENJOYMENT:
As long as the Lessee performs all of the covenants and conditions of this Lease, the
Lessee shall have peaceful and quiet enjoyment of the Leased Premises for the term of
this Lease.
Section 17. PROPERTY OF CITY:
Upon expiration of this Agreement, or upon termination thereof for any reason, all
buildings, improvements, and fixtures placed on the Property by Lessee shall become
property of City.
Section 18. LANDLORD/TENANT:
It is specifically agreed and understood that the parties intend and do hereby create a
landlord/tenant relationship, and this Agreement shall be construed conclusively in favor
of that relationship. Nothing herein contained shall 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, shall be
deemed to create any relationship between the parties herein other than that of Landlord
and Tenant.
Section 19. GOVERNING LAW AND VENUE:
This lease shall be governed by, construed, and enforced in accordance with the laws of
The State of Texas. Venue for any legal action related to this Agreement is in Nueces
County, Texas.
Section 20. ADVERTISING AND SIGNAGE:
The Director has the right to prohibit any advertising and/or signage by Lessee at the
Property which impairs the reputation of the Property or the City.
Section 21. NON-DISCRIMINATION:
Lessee shall not discriminate nor permit discrimination against any person or group of
persons, as to employment and in the provision of services, activities, and programs
related to this Agreement, on the grounds of race, religion, national origin, sex, physical
or mental disability, or age, or in any manner prohibited by the laws of the United States
or the State of Texas.
Section 22. COMPLIANCE WITH LAWS:
Lessee must comply with all applicable Federal, State, County, and City laws, rules,
regulations, and ordinances which may be applicable to its operation at the Property and
its performance under this Agreement. This Agreement is also subject to applicable
provisions of the City Charter.
Section 23. AUTHORIZATION:
It is understood that this Lease is not binding on the Lessee until properly authorized by
the City Council of the City of Corpus Christi, Texas and executed by the City Manager
or designee.
Section 24. FORCE MAJEURE:
No party to this Agreement will be liable for failures and delays in performance due to any
cause beyond their control including, without limitation, any failures or delays in
performance caused by strikes, lock outs, fires, acts of God or the public enemy, common
carrier, severe inclement weather, riots or interference by civil or military authorities. The
rights and obligations of the parties will be temporarily suspended during this period to
the extent performance is reasonably affected.
Section 25. AMENDMENTS:
No changes or modifications to this Lease Agreement shall be made, nor any provision
waived, unless in writing signed by a person authorized to sign agreements on behalf of
each party. This Lease Agreement supersedes all previous agreements between the
parties.
Section 26. DISCLOSURE OF INTERESTS:
In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall
complete the City's Disclosure of Interests form, which is attached to this Agreement as
Exhibit C, the contents of which, as a completed form, are incorporated in this document
by reference as if fully set out in this Agreement.
Section 27. CERTIFICATE OF INTERESTED PARTIES:
Lessee 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.
Section 28. ENTIRETY CLAUSE:
This Agreement and the attached and incorporated exhibits constitute the entire
agreement between the City and Lessee for the purpose granted. All other agreeme nts,
promises, representations, and understandings, oral or otherwise, which reference to the
subject matter hereof, unless contained in this Agreement are expressly revoked, as the
parties intend to provide for a complete understanding within the provisio ns of this
Agreement and its exhibits of the terms, conditions, promises, and covenants governing
each party's performance hereunder and relating to Lessees use of the Premises.
Remainder of page intentionally left blank; signature page to follow.
Each party to this Agreement has caused it to be executed on the date indicated below ,
both of which hereby represent that the signatures to this Agreement, below, are of those
persons with the capacity and authority to legally bind the parties.
CITY OF CORPUS CHRISTI ATTEST:
_________________________________ ______________________________
Peter Zanoni, City Manager Rebecca Huerta, City Secretary
__________________________________
Date
APPROVED AS TO LEGAL FORM
__________________________________________
Assistant City Attorney Date
SINISTER, LLC.
__________________________________
__________________________________
Printed Name
__________________________________
Title
__________________________________
Date
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on _____________________, 2020, by
_____________________________, _____________ on behalf of the company.
________________________________
Notary Public, State of Texas
EXHIBIT A
Property Description
1401 Leopard Street, Corpus Christi, Texas 78401 and further demarcated in the
photograph below.
EXHIBIT B
INSURANCE REQUIREMENTS
I. LESSEE’S LIABILITY INSURANCE
A. Lessee must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Lessee must not allow any
sublessee, to commence work until all similar insurance required of the sublessee has been
obtained.
B. Lessee must furnish to the City’s Risk Manager and Contract Administrator (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager.
The City must be listed as an additional insured on the General liability and Auto Liability
policies by endorsement, and a waiver of subrogation endorsement is required on GL,
AL and WC if applicable. Endorsements must be provided with Certificate of Insurance.
Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of
cancellation, non-renewal, material change
or termination required on all certificates
and policies.
Bodily Injury and Property Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Lessees
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$1,000,000 Aggregate
PROPERTY INSURANCE Lessee shall be responsible to insure all
owned, leased and rented property utilized
in parking lot.
C. In the event of accidents of any kind related to this contract, 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 statutory amounts according to the Texas
Department of Insurance, Division of Workers’ Compensation. An All States Endorsement
shall be required if Lessee is not domiciled in the State of Texas.
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 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. 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, 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, 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 stop work hereunder, and/or
withhold any payment(s) 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 sublessee’s performance of the work covered under this contract.
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 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.
2018 Insurance Requirements
Legal Dept.
Parking Lot Lease Agreement
07/06/2018 sw Risk Management
EXHIBIT C
CITY OF CORPUS 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 Certifying Person: Date:
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.
EXHIBIT 4-B
INSURANCE REQUIREMENTS
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency
to commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
is required on all applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by applicable
policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
PROPERTY INSURANCE Lessee shall be responsible to insure all owned,
leased and rented property utilized in parking lot.
C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount
sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of
this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor’s performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit - Legal
Lease Agreement – Parking Lot
11/4/2020 Risk Management – Legal Dept.
DATE: November 10, 2020
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, Director of Finance and Business Analysis
Heatherh3@cctexas.com
361-826-3227
CAPTION:
Ordinance accepting and appropriating $3,285,000 from the Coronavirus Relief Fund
(“CRF”), established by the CARES Act and provided through the State of Texas, for
prevention, preparation for, and response to the COVID-19 pandemic; and approving a
transfer of allocation of $415,000 to Nueces County from the City’s $17,960,470 CRF
specifically for expenses for the operation of the Amistad COVID Clinic and the purchase
of air filtration equipment for Nueces County buildings.
SUMMARY:
The City of Corpus Christi received an allocation of up to $17,960,470 from the
Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for Coronavirus Relief
Funds (CRF) through the State of Texas. This agenda item appropriates the remaining
$3,285,000 for a total appropriation of $14,145,470 to support City expenses and
programs related to the public health emergency. Per Section 1.7 of the CARES Act,
Jurisdictional Cooperation of the Coronavirus Relief Fund Terms and Conditions, a city
can yield any portion of its allocated funds to the county within which it exists. This
agenda item will yield $415,000 of the City of Corpus Christi’s allocated funds to Nueces
County. By doing so, the funds will be deobligated from the City in the eyes of Texas
Department of Emergency Management (TDEM), and Nueces County will then be
responsible for the proper use and compliance of the funds.
BACKGROUND AND FINDINGS:
Ordinance appropriating Coronavirus Relief Funds and approving a transfer of $415,000
these funds to Nueces County for the Amistad COVID Clinic and air filtration equipment
related to the COVID-19 public health emergency
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of November 1 0, 2020
Second Reading Ordinance for the City Council Meeting of November 17, 2020
The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150
billion to this fund. Under the CARES Act, the CRF is to be used to make payments for
specific uses to states and certain local governments. The CARES Act provides that
payments from the CRF may only be used to cover costs that:
1. Are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19);
2. Were not accounted for in the budget most recently approved as of March 27,
2020 (the date of enactment of the CARES Act) for the state or government);
and
3. Were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020.
Expenses that qualify under these criteria are then categorized into one of six expense
categories:
1. Medical Expenses,
2. Public Health Expenses,
3. Payroll Expenses for employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency,
4. Expenses of action to facilitate compliance with COVID -19 related public health
measures,
5. Expenses associated to the provision of economic support in connection with the
COVID-19 public health emergency, and
6. Any other COVID-19 related expenses reasonably necessary to the function of the
government that satisfy the CRF’s eligibility criteria
The State of Texas included additional regulations to the counties and municipalities that
received the allocation through the State, requiring that up to 100% of the funding can be
used for categories 1-3 but only up to 25% can be used for categories 4 -6.
Cities with a population of less than 500,000 located in a county with a population of less
than 500,000 were allocated funds for CRF from the CARES Act based on a per capita
basis at $55 per person. This equates to a total distribution of up to $17,960,470 for
Corpus Christi (326,554 population x $55 per person). County allocations were calculated
based on the population in the unincorporated areas of the county. Nueces County has
been allocated up to $830,665 (15,103 x $55 per person). The guidance encourages
cities and counties to work together to address expenses that cross jurisdictional lines.
Nueces County has identified existing and potential allowable COVID-19 related costs in
excess of their $830,665 CRF allocation from the State of Texas and has requested for
the City of Corpus Christi to transfer a portion of the City’s allocation to Nueces County.
An allocation amount of $3.2 million was calculated by taking Nueces County’s expenses
in support of the public health emergency for the five-month period from March through
July 2020 of $2,013,082 and doubling it in anticipation of expenses for the remaining five
months of the year. Nueces County’s total estimated expenses of $4,026,164 reduced
by the $830,665 that the County was originally allocated by the State of Texas for a total
request of $3,195,499 – rounded to $3,200,000. The City Council approved this allocation
to the County in August.
With the initial $3.2 million allocation to the County and the City’s expected costs totaling
$10.8 million by December 30, 2020, an amount of $3.9 million remained from the City’s
$17.9 million allocation for additional assistance and future costs. In September, the City
transferred $200,000 to Nueces County in support of public messaging for the public
health emergency.
The City recommends transferring an additional $415,000 to Nueces County. This
amount will cover the estimated operation cost of $250,000 for the Amistad COVID Clinic
for services beginning in August and continuing until December 30, 2020 when the grant
period ends. The additional $1 65,000 is for air filtration systems in Nueces County
facilities which will provide additional filtration of air when it is circulated through the HVAC
system. The allocation of funds from the City to the County is allowable under Section
1.7 of the CARES Act, Jurisdictional Cooperation of the Coronavirus Relief Fund Terms
and Conditions, which states that a city can yield any portion of its allocated funds to the
county within which it exists. If the City yields any portion of the funds to the Nueces
County, the funds will be deobligated from the City and then allocated to the County. The
County must spend the funds according to the regulations specified in the CARES Act.
This City needs to appropriate the remaining allocation of $3,285,000 for expenses
incurred as a result of the public health emergency. City Council approved the
appropriation of the initial 20% allocation totaling $3,592,094 in June. In September an
additional $7,268,376 was appropriated totaling $10.8M to reimburse for current and
future expenses related to the public health emergency. The remaining $3.2M of the
grant funds will be used to fund expenses and programs including E-learning equipment
for school districts, air filtration systems in City Buildings, building modification and
furniture to provide social distancing and employee protection, and equipment and
supplies needed by the Health Department and other City departments in support of the
public health emergency.
ALTERNATIVES:
The City could choose not to allocate the requested amount or allocate a lesser amount
to the County.
FISCAL IMPACT:
The City will reimburse existing COVID-19 related expenditures with these funds and will
continue to update the action plan to ensure all funds are utilized appropriately. The City’s
entire allocation $17,960,470 less the $3,815,000 allocated to Nueces County will be
recorded in a grant fund (Fund 1063 Emergency Management Grant Fund) and managed
accordingly to comply with all federal requirements.
Funding Detail:
Fund: 1063 Emergency Management Grant Fund
Organization/Activity: 690001F CARES Act CRF Grant
Mission Element: N/A
Project # (CIP Only): N/A
RECOMMENDATION:
City staff recommends appropriating the remaining funds allocated through the
Coronavirus Relief Funds and approving the transfer of $415,000 from the City’s
allocation from the State of Texas of Coronavirus Relief Funds established by the CARES
Act to Nueces County for expenses in support of the Amistad COVID Clinic and air
filtration equipment related to the prevention, preparation for, and response to the COVID-
19 public health emergency.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance accepting and appropriating $3,285,000 from the Coronavirus
Relief Fund (“CRF”), established by the CARES Act and provided through
the State of Texas, for prevention, preparation for, and response to the
COVID-19 pandemic; and approving a transfer of allocation of $415,000 to
Nueces County from the City’s $17,960,470 CRF specifically for expenses
for the operation of the Amistad COVID Clinic and the purchase of air
filtration equipment for Nueces County buildings.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
Financial assistance in the amount of $3,285,000 from the Coronavirus Relief Fund (“CRF”),
established by the CARES Act and provided through the Texas Department of Emergency
Management, is accepted and appropriated in the No. 1063 Emergency Management Grants
Fund for expenditures related to prevention, preparation for, and response to the COVID-19
pandemic; and a transfer of allocation to Nueces County of $415,000 from the City’s
$17,960,470 CRF is approved specifically for expenses for the operation of the Amistad COVID
Clinic and the purchase of air filtration equipment for Nueces County buildings, with the City
Manager, or his designee, authorized to execute all documents necessary, including an
agreement with Amistad on behalf of the Health District, to complete the allocation.
The foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2020, by the following vote:
Joe McComb _____________ Michael Hunter _____________
Roland Barrera _____________ Ben Molina _____________
Rudy Garza _____________ Everett Roy _____________
Paulette M. Guajardo _____________ Greg Smith _____________
Gil Hernandez _____________
The foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2020, by the following vote:
Joe McComb _____________ Michael Hunter _____________
Roland Barrera _____________ Ben Molina _____________
Rudy Garza _____________ Everett Roy _____________
Paulette M. Guajardo _____________ Greg Smith _____________
Gil Hernandez _____________
PASSED AND APPROVED on this the ______ day of _________________, 2020
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor