HomeMy WebLinkAboutAgenda Packet City Council - 01/12/2021 (3)City Council
City of Corpus Christi
Meeting Agenda - Final-revised
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, January 12, 2021
Addendums may be added on Friday.
Public Notice: Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services are requested to contact the City Secretary’s office (at
361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete
inglés-español en todas las juntas del Concilio para ayudarle.
This meeting may be held via videoconference call pursuant to Texas Government Code
§ 551.127. If this meeting is held via videoconference call or other remote method of
meeting, then a member of this governmental body presiding over this meeting will be
physically present at the location of this meeting unless this meeting is held pursuant to
Texas Government Code § 551.125 due to an emergency or other public necessity
pursuant to Texas Government Code § 551.045.
A.Mayor Paulette M. Guajardo to call the meeting to order.
B.Invocation to be given by The Most Reverend Edmond Carmody, DD, Bishop
Emeritus of Corpus Christi.
C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Jude Victor Guajardo.
D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
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January 12, 2021City Council Meeting Agenda - Final-revised
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.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS AND VACCINE
DISTRIBUTION
G.MINUTES:
1.21-0026 Regular Meeting of December 8, 2020 and Special Meeting of December
22, 2020
H SPECIAL APPOINTMENTS:
2.21-0075 Selection of Mayor Pro Tem
3.21-0076 Mayoral Council Committee Appointments: Audit Committee and
Municipal Court Committee
I.BOARD & COMMITTEE APPOINTMENTS:
4.21-0037 Reinvestment Zone No. 3 (Downtown) Board (7 vacancies)
J.EXPLANATION OF COUNCIL ACTION:
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January 12, 2021City Council Meeting Agenda - Final-revised
K CONSENT AGENDA: (ITEMS 5 - 19)
Consent - Second Reading Ordinances
5.20-1343 Zoning Case No. 0920-02, GMG Partners, LP. (District 3).
Ordinance rezoning property at or near 702 South Navigation Boulevard
from the “IL/SP” Light Industrial District with a Special Permit to the
“RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development.
(Planning Commission and Staff recommend Approval) (Requires 3/4 vote
due to public opposition)
Sponsors:Development Services
6.20-1414 Ordinance authorizing the renewal of a five year ground lease with
Haas-Anderson Construction, Ltd., Corpus Christi, TX, for a 3.89-acre
City-owned tract of land located on the former Hala Pit Landfill, next to the
City’s vehicle impound yard off of Greenwood Drive, and authorizing an
annual rental fee of $9,600.00.
Sponsors:Engineering Services
Consent - Contracts and Procurement
7.20-1290 Resolution authorizing a three-year agreement with Environmental Systems
Research Institute (ESRI), Inc. in an amount not to exceed $450,000.00 for
license and support maintenance of the City’s Geographic Information
System (GIS), effective upon issuance of a notice to proceed, with FY 2021
funding in the amount of $125,000.00 available in the Information
Technology Fund.
Sponsors:Information Technology Services and Contracts and Procurement
8.20-1394 Motion authorizing a three-year service agreement with Great South Texas
Corp, dba Computer Solutions of San Antonio, Texas, in an amount not to
exceed $251,262.00 for Cisco Umbrella which provides internet content
filtering effective upon issuance of notice to proceed, with funding in an
estimated amount of $83,800.00 available in the FY 2021 Information
Technology Fund.
Sponsors:Information Technology Services and Contracts and Procurement
9.20-1431 Motion authorizing a three-year rental and service agreement with BP
Rental Services, LLC dba CC Rentals, in an amount not to exceed
$80,750.00 for Portable Toilet Rentals for Beach Operations. The amount
for FY 2021 for the remaining 8 months is $17,944.45 that is available in
the FY 2021 State Hotel Occupancy Tax (HOT) Beach Fund.
Sponsors:Parks and Recreation Department and Contracts and Procurement
10.20-1076 Motion authorizing a three-year service agreement with Hub City Overhead
Door Co., Inc. in an amount not to exceed $200,000.00 to perform on-call
overhead door maintenance and repair services to City owned facilities for
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January 12, 2021City Council Meeting Agenda - Final-revised
the Asset Management Department, effective upon issuance of notice to
proceed, with FY 2021 funding in an amount not to exceed $47,000.00
available in the Facility and Property Management Fund.
Sponsors:Asset Management Department and Contracts and Procurement
11.21-0018 Motion authorizing a three-year service agreement with South Texas Metal
Roofing, Inc., of Corpus Christi, Texas, for an amount not to exceed
$3,000,000.00 to perform on-call roof repair services to City owned
facilities, effective upon issuance of a notice to proceed, with FY 2021
funding available through the Facility and Property Management funds.
Sponsors:Asset Management Department and Contracts and Procurement
12.21-0024 Motion authorizing the lease-purchase of one Diamond Z horizontal grinder
from Bane Machinery, Inc., of Dallas, Texas in an amount of $983,781.64,
for grinding brush at the Solid Waste compost facility, effective upon
issuance of letter of acceptance, with FY 2021 funding in the amount of
$32,793.00 available in the General Fund.
Sponsors:Solid Waste Operations and Contracts and Procurement
13.20-1372 Motion authorizing an Amendment to Service Agreement No. 2931 with
2Chainz Brush Clearing, LLC, for a total amount not to exceed
$165,992.00 for years two and three, increasing the service agreement
value to $1,215,968.00 for Mowing for Storm Water and Street
Rights-of-Way for Public Works, with funding available in FY 2021 Storm
Water Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
Consent - Capital Projects
14.20-0934 Resolution authorizing the execution of an Advance Funding Agreement
with the Texas Department of Transportation for the 2018 Highway Safety
Improvements Program that include upgrading traffic signal components,
existing traffic signals, safety lighting and pedestrian improvements at
multiple locations Citywide, with a City required funding match of 10% in an
amount of $120,000.00, with FY 2021 funding available from the Bond
2016 program.
Sponsors:Engineering Services and Public Works/Street Department
15.20-0939 Motion awarding a Master Services Agreement for Traffic Improvement
Projects to include traffic signalization and synchronization to Freese and
Nichols, Corpus Christi, TX, for an initial amount up to $250,000.00 per
year and one renewal option to be administratively authorized for a total
amount not to exceed $500,000.00, with projects located Citywide, and
funding available through the 2018 Bond Program Fund.
Sponsors:Engineering Services, Public Works/Street Department and Contracts and
Procurement
16.20-1367 Motion awarding a Master Services Agreement for Geotechnical Testing
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January 12, 2021City Council Meeting Agenda - Final-revised
and Construction Materials Testing to Professional Service Industries, Inc.,
Rock Engineering and Testing Laboratory, Inc., Terracon Consultants, Inc.,
and Arias & Associates Inc, all from Corpus Christi, Texas, in an amount
up to $750,000.00 each, with a one-year renewal option to be
administratively authorized for a total amount not to exceed $1,500,000.00
each, with projects located Citywide, and FY 2021 funding available from
the Utility Capital Program and Bond Program.
Sponsors:Engineering Services, Utilities Department and Contracts and Procurement
General Consent Items
17.21-0023 Motion to authorize execution of a 24-month Lease Agreement with
Bayview Tower, LLC, for the operation of the City Customer Service Call
Center for a total cost of $111,111.35 of which $57,209.75 is for the first
twelve and $53,901.60 is for the second twelve months with the FY 2021
expense of $39,606.75 being paid from the Call Center’s FY 2021 budget
in the General Fund.
Sponsors:Asset Management Department and Communications & Intergovernmental
Affairs
18.20-1390 Resolution authorizing 6-month extensions for a Water Arterial
Transmission and Grid Main Construction and a Reimbursement
Agreement up to $147,999.99, a Distribution Main Line Extension
Construction and a Reimbursement Agreement up to $43,010.00, and a
Wastewater Collection Line Extension Construction and a Reimbursement
Agreement up to $139,341.76 with Dorsal Development, LLC for a
planned residential development, Azali Estates Unit 1, located at the
intersection of Yorktown Boulevard and Starry Road, east of Rodd Field
Road. (District 5 )
Sponsors:Development Services
19.21-0019 Resolution authorizing outside city limits water contract with GTHH
Development, LLC (Hossein Mostaghasi) to provide public water to his
property located outside the city limits described as Swan Village Phase 1
Subdivision, also commonly known by its street address as FM 2444
(South Staples Street) under Corpus Christi Code Section 55-113. (OCL)
Sponsors:Development Services
L.RECESS FOR LUNCH
M.PUBLIC HEARINGS:
N.REGULAR AGENDA:
O.FIRST READING ORDINANCES: (ITEMS 20 - 24)
20.20-1442 Ordinance authorizing acceptance of a grant in an amount of $104,013.20
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January 12, 2021City Council Meeting Agenda - Final-revised
from the State of Texas, Criminal Justice Division for Victims of Crime
Community Outreach Program with a cash match of $5,265.79 and in-kind
match of $23,360.00; appropriating $104,013.20 in the Police Grants
Fund; authorizing two Full Time Employee positions; and authorizing a
transfer of $5,265.79 from the General Fund to the Police Grants Fund.
Sponsors:Police Department
21.20-1441 Ordinance authorizing the acceptance of five grants totaling $332,809.19
from the Texas Office of the Governor - Homeland Security Grant Division,
Homeland Security Grant Program for Bomb Squad Detection for
$116,151.38, Dive Trailer for $44,063.76, Incident Command Training
Program for $88,134.05, Airport Medical Response Equipment for
$4,585.00, and Regional Hazmat Response Enhancement for $79,875.00;
and appropriating $332,809.19 in the FY 2021 Fire Grants Fund.
Sponsors:Fire Department
22.21-0005 Ordinance authorizing acceptance of a $2,500 donation from ExxonMobil
Pipeline Company to support the Corpus Christi Fire Department’s
emergency response capabilities: and appropriating $2,500 into the Fire
Grants Fund.
Sponsors:Fire Department
23.20-1415 Ordinance authorizing the renewal of a 15-year lease agreement with Lady
Lex Museum on the Bay Association that authorizes the use of a portion of
the submerged lands owned by the City of Corpus Christi and adjoining
City property for the U.S.S. Lexington for the operation of the museum and
authorizing an annual rental fee of $1.00. (28-day delay required between
readings)
Sponsors:Engineering Services
24.21-0003 Ordinance authorizing the resale, by Nueces County as the City’s trustee,
of 16 properties, which were foreclosed upon for failure to pay ad valorem
taxes, for the total price of $89,225.00. The City accepts total proceeds of
$29,379.07 from the sale of which $7,988.22 is allocated to the settlement
of past due ad valorem taxes and $21,390.85 is allocated to the settlement
of amounts due for City paving and demolition liens.
Sponsors:Finance & Business Analysis
P.BRIEFINGS: (ITEM 25)
25.20-1368 Corpus Christi Regional Economic Development Corporation (CCREDC)
Quarterly Update to City Council (Third and Fourth Quarters of 2020)
Sponsors:Corpus Christi Regional Economic Development Corporation
Q.EXECUTIVE SESSION:
R.IDENTIFY COUNCIL FUTURE AGENDA ITEMS
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January 12, 2021City Council Meeting Agenda - Final-revised
S.ADJOURNMENT
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1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, December 8, 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 11:33 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 Members Roland Barrera, Everett Roy and Paulette Guajardo
participated by video conference. Council Member Michael Hunter participated
by telephone 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 12/15/2020
December 8, 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 citizen called in opposition to Item 19: Carl Badalich, 102 West
Palm Beach. Jim Boggs, 4701 Donegal Dr. called in favor of Item 19.
The following citizens submitted written public comments in favor of Item 19
which are attached to the Minutes: John Pietrobon, 101 China Beach Dr.; and
Steven Pietrobon, 146 Beachview Dr.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F.
Mayor McComb referred to City Manager's Comments. City Manager Peter
Zanoni reported on the following topics: 1) City's drought contingency
plan-stage 1 water restrictions.
Water Resource Manager Steve Ramos and Assistant Director of Water Quality
and Treatment Gabriel Ramirez presented information on the following topics:
discussion guide; Coastal Bend water supply; storage levels; buying time; and
reference guides and resources.
Council Members, Manager Ramos, Assistant Director Ramirez and City
Manager Peter Zanoni discussed the following topics: stage 1 water
restrictions will begin in about one to two weeks; and stage 1 limits watering
lawns to once a week.
2) Diversity in efforts for the Police Department-gender and race. 3) Introduced
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December 8, 2020City Council Meeting Minutes
the new Assistant Director of Parks and Recreation Kevin Johnson.
GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa.
Director of Public Health District Annette Rodriguez presented the following
update on COVID-19: COVID-19 cases by month; Nueces County surveillance of
flu illnesses annual comparison of weekly cases; COVID-19 vaccine;
EVAP-COVID-19 vaccine allocation principles; distribution will adjust as volume
of vaccine doses increases; COVID-19 vaccine microplanning; COVID-19
vaccination candidates; COVID-19 vaccine timeline update (tentative); direct
shipment to points of vaccination; vaccine storage options at the point of
vaccination; COVID-19 category updates; if Pfizer is approved: COVID-19
vaccine allocations-week of December 14th; COVID-19 vaccine providers; and
resources.
Council Members and Director Rodriguez discussed the following topics: there
has been an increase in the number of people getting the flu vaccination this
year; more people are susceptible to COVID-19 than the flu because there is
not a vaccination currently available for COVID-19; and the COVID-19
vaccination is not mandatory, it is optional.
MINUTES:G.
1.Regular Meeting of December 1, 2020
A motion was made by Council Member Molina, seconded by Council Member
Hernandez that the Minutes be approved. The motion carried by a unanimous
vote.
BOARD & COMMITTEE APPOINTMENTS: (NONE)H.
EXPLANATION OF COUNCIL ACTION:I.
CONSENT AGENDA: (ITEMS 2 - 17)J.
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council Members requested
that Items 3, 4 and 17 be pulled for individual consideration. City Manager
Peter Zanoni requested that Item 11 be withdrawn. Mayor McComb announced
that Item 4 would be considered after Executive Session Item 21.
A motion was made by Council Member Smith, seconded by Council Member
Molina to approve the Consent Agenda with the exception of Items 3, 4, 11 and
17. 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
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December 8, 2020City Council Meeting Minutes
3.One reading Ordinance authorizing the Second Amendment to the Land
Exchange Agreement authorizing the closing on the conveyance of City
properties totaling approximately 42 acres to the United State of America
for benefit of Department of the Navy in exchange for the Navy property
formerly known as the Peary Place Transmitter Site which is an
approximately 43 acre site near 8401 South Padre Island Drive .
(Requires 2/3 vote)
Mayor McComb deviated from the agenda and referred to Item 3.
Director of Intergovernmental Relations Tammy Embrey presented information
on the following topics regarding the land exchange program: mission
protection is priority; decades in the making; location map land exchange
properties; and acknowledgements.
Base Commander for NAS Corpus Christi Captain Christopher Jason and
Community Planning Liaison Ben Polack thanked the City staff for their support
and efforts.
Council Member Hernandez made a motion to approve the ordinance,
seconded by Council Member Smith. This Ordinance was passed on
emergency and approved with the following vote:
Aye: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: 032303
2.One reading Ordinance to Approve the Calendar Year 2021 Annual Audit
Plan to be implemented by the City Auditor's office.
Mayor McComb referred to Item 2.
Interim City Auditor Kimberly Houston presented the following information:
this item is for the calendar year 2021 annual audit plan and includes 17 total
projects.
There were no comments from the Council.
This Ordinance was passed on the consent agenda.
Enactment No: 032302
Consent - Second Reading Ordinances
5.Ordinance designating Frost Bank as the depository for the City’s
municipal funds pursuant to Chapter 105, Local Government Code; and
authorizing the City’s Chief Financial Officer to execute a five-year
depository services contract to commence on January 1, 2021. (Requires
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December 8, 2020City Council Meeting Minutes
2/3 vote)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032305
6.Ordinance Approving the Tax Increment Reinvestment Zone #3
(Downtown) Project & Financing Plans approved by the Board of
Directors of Reinvestment Zone Number Three, City of Corpus Christi,
Texas.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032306
7.Ordinance amending the Code of Ordinances, Chapter 55, Utilities,
Section 55-50 (a)(2)e regarding Resale Treated Water Rates to
wholesale customers outside of City limits; effective January 1, 2021 with
no rate increase.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032307
Consent - Contracts and Procurement
8.Motion authorizing a three-year service agreement with Tellus Equipment
Solutions, LLC, with an office in Taft, Texas for an amount not to exceed
$80,000.00 for off-site repairs of John Deere agricultural equipment for
Asset Management, effective upon notice to proceed, with FY 2021
funding in an estimated amount of $27,000.00 available through the Fleet
Maintenance Service Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-235
9.Motion authorizing a three-year service agreement with Cutrite, LLC of
San Antonio, Texas, for a total amount not to exceed $556,002.00, for
mowing and grounds maintenance services for the Wastewater
Treatment Plants, Lift Stations, and miscellaneous City-owned lots,
effective upon issuance of notice to proceed, with FY 2021 funding in an
amount of $185,334.00 available in the Wastewater Fund. (Requires 2/3
vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-236
10.Motion authorizing a three-year service agreement with Faraday Electric
Motors, LLC in an amount not to exceed $536,250.00, for pump motor
and clutch repairs at O. N. Stevens Water Treatment Plant, booster and
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December 8, 2020City Council Meeting Minutes
raw water pump stations, with FY 2021 funding in an estimated amount of
$148,958.00 available through the Water Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-237
11.Motion authorizing a two-year service agreement with Herc Rentals Inc.,
of Corpus Christi, Texas, in an amount not to exceed $620,000.00, for
equipment rental for the Utilities Department such as excavators, skid
steer loaders, trucks, air compressors, generators, and other equipment
necessary, with FY 2021 funding in an amount not to exceed
$258,333.00 available in the Water and Wastewater Funds. (Requires
2/3 vote)
This Motion was withdrawn.
12.Motion authorizing a one-year supply agreement with Oshkosh Airport
Products, LLC in an amount of $860,650.00 for the purchase of one
replacement Aircraft Rescue Fire Fighting Vehicle and accessories for
the Corpus Christi International Airport, with FY 2021 funding in the
amount of $168,348.00 available in the Airport Fund and $692,302.00
available in the Grant 60 Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-238
13.Motion authorizing a three-year service agreement with Sec-Ops, Inc. in
an amount not to exceed $653,952.00 for bailiffs and security guard
services, effective upon issuance of a notice to proceed, with FY 2021
funding in an amount not to exceed $85,377.00 available in the General
Fund, and $96,276.00 available in the Municipal Court Security Fund.
(Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-239
Consent - Capital Projects
14.Motion awarding a construction contract to Vapor Industries, of Slippery
Rock, Pennsylvania to dredge, dewater, remove, haul, and dispose of
settled sediments and vegetation from surface water sources, treatment
residuals, and the pre-sedimentation Basin at the O.N. Stevens Water
Treatment Plant in an amount of $2,428,705, located in Council District 1,
with FY 2021 funding available from the Water CIP Fund. (Requires 2/3
vote)
This Motion was passed on the consent agenda.
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December 8, 2020City Council Meeting Minutes
Enactment No: M2020-240
General Consent Items
15.Motion authorizing the renewal of easement rights across Laguna Madre
with the Texas General Land Office for a 24-inch waterline supplying
Padre Island, located in Council District 4, for a term of 10 years, at a
total cost in an amount not to exceed $78,326.90, with FY 2021 funding
available from the Water Fund. (Requires 2/3 vote)
This Motion was passed on the consent agenda.
Enactment No: M2020-241
16.Resolution approving the remaining three years of the five-year
Infrastructure Management Plan, including FY 2023, FY 2024 and FY
2025, 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.
This Resolution was passed on the consent agenda.
Enactment No: 032308
17.Motion approving a 380 agreement with LiftFund to administer a CARES
Act reimbursable grant up to $570,000 for small business impacted by
COVID-19 and have been awarded a LiftFund loan funded by the City of
Corpus Christi earlier this year.(Requires 2/3 vote)
Mayor McComb referred to Item 17.
Council Members, Director of Finance Heather Hurlbert and City Manager Peter
Zanoni discussed the following topics: a Utility Assistance Program was put in
place by the City to help with small business relief and economic relief; CARES
funding for utility assistance program is being redirected to a new LiftFund
program due to underutilization; the City is requesting $400,000 reimbursement
through the CARES fund and to allocate $170,000 from that grant; the City will
have to pay a 5% administration fee for receiving the money, working with the
businesses and applying the payments to the loans; other programs are also
providing utility assistance to low-income families; and the City has $1.8
million available in utility assistance for individuals.
Council Member Barrera made a motion to approve the motion, seconded by
Council Member Guajardo. 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 -
Nay:Council Member Hernandez1 -
Abstained:0
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December 8, 2020City Council Meeting Minutes
Enactment No: M2020-242
RECESS FOR LUNCHK.
The recess for lunch was held during Executive Session Item 21.
PUBLIC HEARINGS: (ITEMS 18 - 19)L.
18.Zoning Case No. 0920-02, GMG Partners, LP. (District 3).
Ordinance rezoning property at or near 702 South Navigation Boulevard
from the “IL/SP” Light Industrial District with a Special Permit to the
“RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit
Development. (Planning Commission and Staff recommend Approval)
(Requires 3/4 vote)
Mayor McComb referred to Item 18.
Director of Development Services Al Raymond stated that the purpose of this
zoning is to allow for a master plan residential manufactured home community
consisting of 277 residential units.
Director Raymond presented information on the following topics: aerial
overview; zoning pattern; PUD deviations; PUD concepts; and planning
commission and staff recommend approval.
Council Members, Director Raymond, Developer of GMG Partners, LP Norman
Newton and City Manager Peter Zanoni discussed the following topics: the
three letters of opposition that were included in the report are all from the
same property owner; Clayton Homes is the preferred manufacturer that will
be used; the homes will be put on concrete pad sites and affixed to the
property; the residents will rent the pad site, but will purchase the home; there
is a 20 foot buffer with a seven foot high cedar fence between this
development and the industrial zone property; the streets will be private
without any curbs or gutters; the City will not be responsible for the
maintenance of the streets; the tenants will pay property taxes on the
improvements of the land; and the average monthly cost will be about $1,300
to $1,600, which will include the land, the home and the taxes.
Mayor McComb opened the public hearing. There were no written comments
from the public.
Mayor McComb closed the public hearing.
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Smith. This Ordinance was passed on first reading and
approved with the following vote:
Aye: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
Page 8City of Corpus Christi Printed on 12/15/2020
December 8, 2020City Council Meeting Minutes
19.Zoning Case No. 1020-02, Mustang Island, LLC. (District 4).
Ordinance rezoning property at or near 7213 State Highway 361 from the
“RM-AT” Multifamily AT District to the “RV” Recreational Vehicle Park
District and “CR-2” Resort Commercial District. (Planning Commission
and Staff recommend Approval) (Requires 3/4 vote)
Mayor McComb referred to Item 19.
Director of Development Services Al Raymond stated that the purpose of the
zoning request is to allow for the development of a 90 room, 4 story hotel and
to allow for the construction of an RV Park.
Director Raymond presented information on the following topics: aerial
overview; adjacent development; zoning pattern; and planning commission
and staff recommend approval.
Council Members, Director Raymond, Assistant Director of Development
Services Nina Nixon-Mendez and Planning Technician of Development
Services Craig Garrison discussed the following topics: a petition with 180
signatures was submitted in opposition to the rezoning; the 22.31 percent is
weighted by the area of the land; there are three property owners in
opposition of this zoning; water and wastewater will be provided by Port
Aransas and Port Aransas has impact fees; and a Council Member's request to
provide notices to Council received after the agenda is set.
Mayor McComb opened the public hearing. City Secretary Rebecca Huerta
read the following written public comments into the record:
John Pietrobon, 101 China Beach Dr.; and Steven Pietrobon, 146 Beachview
Dr.
Mayor McComb closed the public hearing.
Mayor McComb made a motion to table the ordinance, seconded by Council
Member Hunter. This Ordinance was tabled with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hunter, Council Member Molina and Council Member Roy
6 -
Nay:Council Member Hernandez1 -
Abstained:Council Member Smith1 -
REGULAR AGENDA:M.
FIRST READING ORDINANCES: (ITEM 20)N.
20.Ordinance authorizing the renewal of a five year ground lease with
Haas-Anderson Construction, Ltd., Corpus Christi, TX, for a 3.89-acre
City-owned tract of land located on the former Hala Pit Landfill, next to the
City’s vehicle impound yard off of Greenwood Drive, and authorizing an
annual rental fee of $9,600.00. (Requires 2/3 vote)
Page 9City of Corpus Christi Printed on 12/15/2020
December 8, 2020City Council Meeting Minutes
Mayor McComb referred to Item 20.
Director of Engineering Services Jeff Edmonds presented the following
information: this item is a renewal of a five year ground lease with
Haas-Anderson Construction for a 3.89 acre City-owned tract of land; and
authorizes an annual rental fee of $9,600.00.
There were no comments from the Council.
Council Member Hunter made a motion to approve the ordinance, seconded by
Council Member Smith. This Ordinance was passed on first reading and
approved with the following vote:
Aye: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
BRIEFINGS:O.
EXECUTIVE SESSION: (ITEM 21)P.
Mayor McComb referred to Executive Session Item 21. The Council went into
Executive Session at 1:33 p.m. The Council returned from Executive Session at
2:53 p.m.
21.Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to the purchase,
exchange, and/or value of property at or near Carancahua Street and
Texas Government Code § 551.072 to discuss and deliberate the
potential purchase, exchange, and/or value of City-owned real property at
or near the aforementioned location(s).
This E-Session Item was discussed in executive session.
CONSENT AGENDA: (ITEM 4)
4.One reading Ordinance authorizing the sale and conveyance of the City’s
former Fire Station #1 located at 209 S. Carancahua Street and within
TIRZ #3 (Downtown) with approximately 0.86 acres of land to TG110, Inc.,
in an amount of $325,000.00 for the future use as affordable housing.
(Requires 2/3 vote)
Mayor McComb deviated from the agenda and referred to Item 4.
Council Members, Chief of Staff Michael Rodriguez, Fire Chief Robert Rocha
and City Manager Peter Zanoni discussed the following topics: this property
was appraised in November at a value of $325,000 by a professional appraiser;
if the Council does not approve this project, then it will prohibit the developer
Page 10City of Corpus Christi Printed on 12/15/2020
December 8, 2020City Council Meeting Minutes
from moving forward with their 9% tax credit application to the state; the last
time this fire station was in use was about 30 years ago; in the last nine years,
this fire station was never put up for sale; and the City has two options when it
comes to selling property: enter into a competitive bidding process or engage
in a direct sale to a potential buyer.
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Smith. This Ordinance was passed on emergency and
approved with the following vote:
Aye:Mayor McComb, Council Member Barrera, Council Member Hunter, Council
Member Molina, Council Member Roy and Council Member Smith
6 -
Nay:Council Member Guajardo and Council Member Hernandez2 -
Abstained:0
Enactment No: 032304
IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ.
Mayor McComb referred to Identify Future Agenda Items.
The following Items were identified: the construction contract award for the
Cole Park Pier will be discussed at the December 22, 2020 meeting; in
response to a Council Member's request for information, the City Attorney said
short-term rentals are still prohibited in residential areas; and a Council
Member's request for a list of disposal properties owned by the City.
ADJOURNMENTR.
This meeting was adjourned at 3:13 p.m.
Page 11City of Corpus Christi Printed on 12/15/2020
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
10:00 AM Council ChambersTuesday, December 22, 2020
SPECIAL CITY COUNCIL MEETING
Addendums may be added on Friday.
Mayor Joe McComb to call the meeting to order.A.
Mayor McComb called the meeting to order at 10:08 a.m.
City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.B.
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 Members Everett Roy and Greg Smith participated by video
conference. Council Member Paulette Guajardo arrived at 10:10 a.m. and
participated by video conference. Council Member Michael Hunter
participated by telephone conference.
Mayor Joe McComb,Council Member Roland Barrera,Council Member
Paulette Guajardo,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
Present:7 -
Council Member Gil HernandezAbsent:1 -
Page 1City of Corpus Christi Printed on 1/5/2021
December 22, 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.
C.
Mayor McComb referred to comments from the public.
No public comments were submitted.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:D.
Mayor McComb referred to City Manager's Comments. City Manager Peter
Zanoni reported on the following topics: the City of Corpus Christi's Water
Resource team continues to monitor the reservoir levels at Lake Corpus Christi
and Choke Canyon; the storage capacity at these two bodies of water is 40.1%;
and drought conditions can last until April, so the community needs to be
conservative with water usage.
SPECIAL CONSIDERATION ITEMS:E.
1.One-reading Ordinance canvassing returns and declaring the results of
the Runoff Election held on December 15, 2020 in the City of Corpus
Christi for the purpose of electing the Mayor and Members for City
Council Districts One and Four.
Mayor McComb referred to Item 1. Mayor McComb read the results of the
December 15, 2020 run off election into the record.
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Molina. This Ordinance was passed on emergency and
Page 2City of Corpus Christi Printed on 1/5/2021
December 22, 2020City Council Meeting Minutes
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 -
Absent:Council Member Hernandez1 -
Abstained:0
Enactment No: 032310
2.One-reading Ordinance awarding a construction contract to JM Davidson
Ltd., Aransas Park, Texas, for Cole Park Pier Improvements, located in
Council District 2, in an amount not to exceed $7,542,527.00;
appropriating $4,415,430.00 from the Type B Sales Tax Fund,
$1,250,000.00 from the Community Enrichment Fund, and
$1,877,097.00 from the General Fund unreserved fund balance (to be
reimbursed to the General Fund after a deductive change order is
executed) and amending the operating and capital budgets.
Mayor McComb referred to Item 2.
Director of Engineering Jeff Edmonds presented information on the following
topics: Cole Park Pier; Cole Park Pier design features; current situation; and
next steps.
Council Members, City Manager Peter Zanoni and Director Edmonds discussed
the following topics: the importance of this project and complying with the
community's request for amenities, including shade structures; adding this pier
will add more value to our City; the $5 million will allow for demolition and
construction with few amenities; the contractor, JM Davidson, has worked
closely with staff and will begin construction in January; and the importance of
identifying funding sooner rather than later.
Council Member Molina made a motion to approve the ordinance, seconded
by Council Member Barrera. This Ordinance was passed on emergency 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 -
Absent:Council Member Hernandez1 -
Abstained:0
Enactment No: 032311
3.Resolution opposing Texas Windstorm Insurance Association rate
increase.
Mayor McComb referred to Item 3.
Director of Intergovernmental Relations Tammy Embrey introduced State
Representative Todd Hunter to present the resolution opposing Texas
Page 3City of Corpus Christi Printed on 1/5/2021
December 22, 2020City Council Meeting Minutes
Windstorm Insurance Association (TWIA) rate increase.
State Representative Hunter presented the following information: the TWIA is
an insurance pool that covers 14 coastal counties and it does not cover any
other areas of the state; the State is asking for the City to approve this
resolution opposing the rate hike, that will then be sent to the governor; and
the rate hike does not go into effect until April.
A Council Member thanked State Representative Hunter for his diligence in
keeping the TWIA rate down.
Council Member Smith 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 Hunter, Council Member Molina, Council Member Roy and
Council Member Smith
7 -
Absent:Council Member Hernandez1 -
Abstained:0
Enactment No: 032312
ADJOURNMENTF.
This meeting was adjourned at 10:52 a.m.
Page 4City of Corpus Christi Printed on 1/5/2021
DATE: January 7, 2021
TO: Mayor & Council
FROM: Rebecca Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
CAPTION:
Motion to approve the 2021-2022 Mayor Pro Tem service schedule.
SUMMARY:
Article II, Section 4 of the City Charter provides that the city council shall nominate and
confirm one of the council members who shall be known and designated as mayor pro
tem. Historically, the Mayor recommends a schedule that affords each Council member
the opportunity to serve as Mayor Pro Tem on a rotating basis. The Council confirms
the schedule by motion.
Mayor Guajardo is recommending the following schedule:
Begin Date
(On Tues.)
End Date
(On Mon.) Council Member
1/12/2021 4/5/2021 Roland Barrera
4/6/2021 6/28/2021 Gil Hernandez
6/29/2021 9/20/2021 Michael Hunter
9/21/2021 12/13/2021 Billy Lerma
12/14/2021 3/7/2022 John Martinez
3/8/2022 5/30/2022 Ben Molina
5/31/2022 8/22/2022 Mike Pusley
8/23/2022 End of Council term Greg Smith
Approval of 2021 – 2022 Mayor Pro Tem Schedule
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
Janu=
DATE: January 7, 2021r
TO: Mayor & Council
FROM: Rebecca Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
CAPTION:
Mayoral City Council Committee Appointments: Audit Committee and Municipal Court
Committee
PURPOSE:
At the beginning of each council term, the Mayor appoints four council members to one
of two city council committees: the Municipal Court Committee (City Code, Sec. 29-54)
and the Audit Committee (City Code, Section 12½.3). The mayor also designates the
chair of each committee.
BACKGROUND AND FINDINGS:
Mayor Guajardo has made the following appointments:
Audit Committee
Chair: Gil Hernandez
Members: Greg Smith, Billy Lerma, Mike Pusley
Municipal Court Committee
Chair: John Martinez
Members: Ben Molina, Michael Hunter, Roland Barrera
Mayoral Appointments to City Council Committees
AGENDA MEMORANDUM
Item for the City Council Meeting January 12, 2021
Duties
Composition
Member Size Term Length Term limit
12 2 years N/A
Name District Term Appt. date End date
Appointing
Authority Position Status Category
Roland Barrera District 3 1 1/15/2019 2/28/2021 City Council Term expiring City
Paulette Guajardo 2 12/20/2016 2/28/2021 City Council Term expiring City
Gil Hernandez 1 1/15/2019 2/28/2021 City Council Term expiring City
Greg Smith District 4 2 12/20/2016 2/28/2021 City Council Term expiring City
Rudy Garza District 5 4 2/12/2013 2/28/2021 City Council Resigned City
Everett Roy District 1 2 5/8/2018 2/28/2021 City Council Chair Term Completed City
Joe McComb 3 12/20/2016 2/28/2022 City Council Term Completed City
REINVESTMENT ZONE NO. 3 (DOWNTOWN) BOARD
Seven (7) vacancies with terms to 2-28-2021 and 2-28-2022 appointed by the City Council. Appointment of Chairman for one year term beginning January 1, 2021.
(Historically, Council Members have been appointed to the board. For terms expiring on 2-28-2021, staff is recommending re-appointment to new term of 2-28-
2023).
The Reinvestment Zone No. 3 Board shall make recommendations to the City Council concerning the administration of the zone. (The zone area includes approximately
856 acres encompassing the City's Downtown area along the Bayfront from the SEA-Town complex at the north end, south to Morgan Avenue adjacent to the Christus
Spohn Shoreline Hospital, and west to Tancahua Street.) The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and
submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities
with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution.
The Board shall consist of twelve (12) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of
each taxing unit other than the City that levies taxes on real property in the zone, if the taxing unit has approved the payment of all or part of the tax increment
produced by the unit into the tax increment fund for the zone, may appoint one (1) member of the Board. These entities include: Del Mar College and Nueces County.
Each governing body may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the
right to appoint at least ten (10) members, with one reserved for a representative from the Downtown Management District, and the board may exceed twelve (12)
members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City; or be
at least 18 years of age or older and own real property in the zone. Terms of Board members are for two years. Terms must be staggered with half of the Board
members appointed every year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone
shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect
a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers
appropriate.
1-12-2021
Name District Term Appt. date End date
Appointing
Authority Position Status Category
Michael T. Hunter 3 4/19/2016 2/28/2022 City Council Active City
Ben Molina District 5 3 12/20/2016 2/28/2022 City Council Active City
Susan Hutchinson 1 4/23/2019 2/28/2022 Del Mar College Active Del Mar
Carolyn Vaughn 2 3/14/2018 2/28/2022 Nueces County Vice-Chair Active County
James Sedwick District 1 1 3/24/2020 2/28/2022 City Council Active Downtown Management District
1-12-2021
DATE: October 28, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
CAPTION:
Zoning Case No. 0920-02, GMG Partners, LP.: (District 3) Ordinance rezoning property at or near
702 South Navigation Boulevard from the “IL/SP” Light Industrial District with a Special Permit to
the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development.
SUMMARY:
The purpose of the zoning request is to allow for the development of a master planned Single-
Family Residential Community to be developed in a two-phase development consisting of 277
single-family residential units, a community center and recreational area, five parks, and multiple
open areas.
BACKGROUND AND FINDINGS:
The subject property is 39.129 acres in size. The subject property is currently zoned “IL/SP” Light
Industrial District with a Special Permit. The subject property is the site of a former burrow pit for
the excavation of sand and other materials. The excavation use was granted by Special Permit in
2015. One of the conditions of the Special Permit is the site must be restored to its original
condition prior to the excavation use. The City has monitored through multiple excavation permits
that the operation follows all TCEQ guidelines. The restoration of the site is going through a similar
process, including soil samples and engineering, to ensure it is safe for a single-family
subdivision. The proposed use is a master planned Single-Family Residential Community to be
developed in a two-phase development consisting of 277 single-family residential units, a
community center and recreational area, five parks, and multiple open areas.
Conformity to City Policy
The subject property is located within the boundaries of the Westside Area Development Plan
and is planned for a Medium Density Residential use. The proposed rezoning to the 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 is compatible with the Future Land
Use map. The property is designated as per the future land use as medium density residential.
As per Plan CC, medium density residential consists of between 4 and 13 units per acre. The
Rezoning a property at or near 702 South Navigation Boulevard
AGENDA MEMORANDUM
Public Hearing & First Reading Ordinance for the City Council Meeting 12/08/20
Second Reading Ordinance for the City Council Meeting 12/15/20
proposed PUD is set as approximately 7.08 units per acre and is therefore in compliance with the
future land use designation. The PUD has been reviewed by the Technical Review Committee
(TRC). Staff finds that the proposed deviations are acceptable.
Public Input Process
Number of Notices Mailed
11 within 200-foot notification area
5 outside notification area
As of September 25, 2020:
In Favor
0 inside notification area
0 outside notification area
In Opposition
6 inside notification area
0 outside notification area
Totaling 28.08% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission recommended approval of the change of zoning from the “IL/SP” Light
Industrial District with a Special Permit to the “RS-4.5/PUD” Single-Family 4.5 District and
Planned Unit Development Overlay with conditions on September 30, 2020.
ALTERNATIVES:
1. Denial of the change of zoning from the “IL/SP” Light Industrial District with a Special
Permit to the “RS-4.5/PUD” Single-Family 4.5 District and Planned Unit Development
Overlay.
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 “IL/SP” Light
Industrial District with a Special Permit to the “RS-4.5/PUD” Single-Family 4.5 District and
Planned Unit Development Overlay with conditions 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. 0920-02, GMG Partners, LP. (District 3).
Ordinance rezoning property at or near 702 South Navigation Boulevard from the
“IL/SP” Light Industrial District with a Special Permit to the “RS-4.5/PUD” Single-
Family 4.5 District with a Planned Unit Development.
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 a 39.129 acre tract situated in Nueces County,
Texas, a portion of Lot 1, Block 10, J.C. Russell Farm Blocks, as shown by map or plat
thereof recorded in Volume 28, Pages 58-59, of the Map Records of Nueces County,
Texas as shown in Exhibit “A”:
from the “IL/SP” Light Industrial District with a Special Permit to the “RS-4.5/PUD” Single-
Family 4.5 District with a Planned Unit Development.
The subject property is located at or near 702 South Navigation Boulevard. Exhibit A,
which is the Metes and Bounds of the subject property with an associated map attached
to and incorporated in this ordinance and Exhibit B, which is a copy of The La Villa
Hermosa Planned Unit Development (PUD) Guidelines and Master Site Plan attached to
and incorporated in this ordinance.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
Owner following the conditions listed below:
Page 2 of 6
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance The La Villa Hermosa Planned Unit
Development (PUD) Guidelines and Master Site Plan. The development of the
Property is to consist of 277 single-family lots, 27 open areas, 5 parks, and 1
community center. On-site management will be present at the development at all
times and enforce all parking and maintenance requirements.
2. Dwelling Units per Acre: The density of dwelling units on the Property shall not
exceed 7.08 dwelling units per acre.
3. Parking: The property must have a minimum of 3 parking spaces (9 feet wide by 18
feet long) per dwelling unit. Parking standards for community center and recreation
lot uses are set a 2.4 parking space for every 1000 square feet of gross floor area.
Parking is prohibited within the private street and pedestrian walkways.
4. Setbacks and Lot Width: Minimum front yard setbacks for all lots shall be ten feet
and on a corner ten feet.
5. Open Space: The Property must maintain a minimum of 30% open space. Any
surfaces constructed within the required open space must be constructed of
pervious material.
6. Private Street Access: The 2-way private access drive shall not be less than 20
feet and the 1 foot ribbon curb shall be striped or marked to indicate “Fire Lane/No
Parking.”
7. Pedestrian Access: Sidewalks shall be 5 feet wide on one side of the private street
and shall be constructed and maintained as identified on the master site plan.
8. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC, Building, and Fire Code Requirements.
9. Time Limit: An approved development plan shall expire 24 months after the date
that the development plan was approved, unless a complete building permit
application has been submitted or, if no building permit is required, a certificate of
occupancy has been issued.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
Page 3 of 6
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. This ordinance shall become effective upon publication.
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 __________ 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 5 of 6
Exhibit A
Page 6 of 6
La Villa Hermosa
Planned Unit Development (PUD)
CORPUS CHRISTI, TEXAS
Owner
AmeriCasa – Corpus Christi, LLC
Submitted By
MUNOZ ENGINEERING, LLC
1608 S. BROWNLEE BOULEVARD
CORPUS CHRISTI, TEXAS 78404
OFFICE: (361) 946-4848
TBPE FIRM No. F-12240
July 2020
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 2
Contents
GENERAL DEVELOPMENT INFORMATION ........................................................................................................................... 3
DEVELOPMENT LOCATION MAP ....................................................................................................................................... 3
ADJACENT LAND USE INFORMATION ................................................................................................................................. 3
ADJACENT FUTURE LAND USE INFORMATION ..................................................................................................................... 4
ADJACENT ZONING INFORMATION .................................................................................................................................... 4
AREA DEVELOPMENT PLAN INFORMATION ........................................................................................................................ 4
ADJACENT TRANSPORTATION AND CIRCULATION ................................................................................................................ 4
UNIFIED DEVELOPMENT CODE AND MODIFICATIONS .......................................................................................................... 5
DEVELOPMENT GUIDELINES ............................................................................................................................................. 9
MASTER SITE PLAN ...................................................................................................................................................... 11
SITE DEVELOPMENT PLAN ............................................................................................................................................. 11
SITE SECTION VIEWS ..................................................................................................................................................... 11
EXHIBITS ..................................................................................................................................................................... 12
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 3
GENERAL DEVELOPMENT INFORMATION
The La Villa Hermosa Planned Unit Development (PUD) is a Master Planned Community that is located on South
Navigation Boulevard between Agnes Street and Old Brownsville Road. The Master Planned Community will
consist of a community center, recreational area, and parks for the residents of custom manufactured homes.
The community will be managed by on-site management. The residents will own the custom home allowing for
the residents to have opportunities for the future. The existing zoning is Light Industrial District and the
proposed is to be a RS-4.5 with PUD as outlined within this document.
The development shall be in accordance with is the City of Corpus Christi Unified Development Code (UDC) with
adoption date of April 2019 (hereinafter referred to as UDC) and modified by the PUD requirements as indicated
herein.
DEVELOPMENT LOCATION MAP
Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/18/2020.
ADJACENT LAND USE INFORMATION
Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/18/2020.
La Villa Hermosa
Project Location North Padre Island Drive South Navigation Boulevard Del Mar College
West Campus
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 4
ADJACENT FUTURE LAND USE INFORMATION
Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/18/2020.
ADJACENT ZONING INFORMATION
Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/18/2020
AREA DEVELOPMENT PLAN INFORMATION
The development is located within the Westside Area Development Plan (ADP). The proposed development will
provide the Westside ADP with additional affordable residential opportunity within the area and the
development will include a community center, recreational park, and internal parks for the residents.
ADJACENT TRANSPORTATION AND CIRCULATION
The development is located on South Navigation Boulevard with 1,118-feet of street frontage. South Navigation
Boulevard is classified as a Minor Arterial (A1) street with an existing street section consisting of 95-foot Right-
of-Way, 26-feet paved, and is capable of handling approximately 1,600 Average Daily Trips (ADT).
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 5
UNIFIED DEVELOPMENT CODE AND MODIFICATIONS
This development shall be governed by the City of Corpus Christi Unified Development Code (UDC) with adoption
date of April 2019 (hereinafter referred to as UDC) with the Base Zoning being RS-4.5 in accordance with Section
Article 4 with the modifications as indicated as the PUD Requirements.
The deviations to the UDC will be based on Article 4: Base Zoning Districts and Article 6: Special Zoning Districts
shall be modified as per the following to form the requirements of the PUD:
REQUIREMENT
UDC BASE ZONING
REQUIREMENTS
RS 4.5
SECTION 4.3.3
UDC BASE ZONING
REQUIREMENTS
MHS
SECTION 6.1.1
PUD
REQUIREMENTS
Maximum Density (Units / Gross Acre) - 8 7.08
Minimum Site Area (Acre) - 8 8
Minimum Site Width (Feet) - 300 -
Minimum Lot Area (Square Feet)
4,500 4,500
Residential = 3,200
Other = 0
Minimum Lot Width (Feet)
45
- Residential = 40
Other = 0
Minimum Yard (Feet) – Street 20 20 20
Minimum Yard (Feet) – Street Corner
Back-to-Back
Back-to-Face
10
20
20
20
10
10
Minimum Yard (Feet) – Side Single 5 6 2
Minimum Yard (Feet) – Side Total 10 20 10
Minimum Yard (Feet) – Rear 5 10 5
Minimum Open Space (Percent of Total Unit) 30% - 30%
Maximum Height (Feet) 35 35 35
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 6
The UDC Article 7: General Development Standards shall be modified as per the following:
REQUIREMENT UDC REQUIREMENT PUD REQUIREMENT
Section 7.1.7.A
Driveway Spacing
Residential driveways are limited
to one per lot excepting that
circular driveways are allowed
provided that the frontage equals
or exceeds 70’ and all other
parameters are met.
Residential driveways are limited
to three per lot provided that the
frontage equals or exceeds 40’.
Section 7.1.7.D
Minimum Corner
Clearance
Residential = 25 feet Residential = 0 feet
Section 7.1.7.E
Driveway Width and Curb
Return Radii
Residential = 10 feet Minimum
= 30 feet Maximum
Residential = 10 feet Minimum
= 60 feet Maximum
Section 7.1.7.F
Curb Return Radii or Flare
Length
Residential = 3 feet Minimum
= 10 feet Maximum
Residential = 0 feet Minimum
= 10 feet Maximum
Section 7.2.2.B
Off-Street Parking Ratio
Residential Lot:
Residential Use; Household
Living; All Other Uses = 2 per
unit
Community Center Lot:
Commercial Uses; Office; All
Uses = 2.4 per 1,000 SF GFA
Urban
Recreation Lot:
Commercial Uses, Outdoor
Recreation, All other uses
without fixed seating = 1 per
250 SF GFA
Park Lot:
Public and Civic Uses; Parks
and Open Area; Park, Plaza,
Playground or Recreational
Trail = 1 per 10,000 SF outdoor
lot area
Open Area Lot:
Public and Civic Uses; Parks
and Open Area; Park, Plaza,
Playground or Recreational
Trail = 1 per 10,000 SF
outdoor lot area
Residential Lot:
3 per unit
Community Center and
Recreation Lot:
Community Center Building =
2.4 per 1,000 SF GFA
Recreation Lot = 1 per 10,000
SF GFA
Park Lot:
1 per 10,000 SF outdoor lot
area within 200 feet of lot.
Open Area Lot:
None
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 7
Section 7.9.5
Zoning District Buffer
Yard – New Development
Type D Buffer Yards shall consist
of a minimum 20-foot wide buffer
yard plus at least 20 points based
on the points listed in the table
Shall be 20-foot wide buffer and
have a 7-foot height wood
screening fence
The UDC Article 8: Subdivision Design and Improvements shall be modified as per the following:
REQUIREMENT UDC REQUIREMENT PUD REQUIREMENT
Section 8.2.1.B Street Right-of-Way Dimensional Standards
Street Right-of-Way A
Local Street Section Type
Right-of-Way
Planting / Utility Area
Street Section Width
Sidewalk Width
Tied Sidewalk
Sidewalk Both Sides
Thru Lane
Traffic Lane
Parking Lanes
Design Speed (MPH)
Street Right-of-Way B
Local Street Section Type
Right-of-Way
Planting / Utility Area
Street Section Width
Sidewalk Width
Tied Sidewalk
Sidewalk Both Sides
Thru Lane
Traffic Lane
Parking Lanes
Design Speed (MPH)
L-1C
46-foot
7-foot (Both Sides)
28-foot Back-to-Back
4-foot
Not Allowed
No
One
Two
Two
25
L-1A
50-foot
6-foot (Both Sides)
28-foot Back-to-Back
4-foot
Not Allowed
Yes
One
Two
Two
25
V1
26-foot
0-foot
20-foot Edge-to-Edge
5-foot
Allowed
No
One
Two
None
15
V2
60-foot
0-foot
40-foot Back-to-Back
5-foot
Allowed
No
One
Two
Two
25
Section 8.2.1.D External Connectivity
3. Divided Entrance A divided entrance may be
credited as two access points
provided that the divided entrance
shall consist of four travel lanes
from the intersection with the
public road system to the first
intersection within the
development.
A widened entrance with striping
that divides the entrance may be
credited as two access points
provided that the divided entrance
shall consist of four travel lanes
from the intersection with the
public road system to the first
intersection or controlled access
point within the development.
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 8
Section 8.2.1.E Street Layout
1. The arrangement,
character, extent, width,
and location of all streets.
As Per UDC Waived
Section 8.2.1.J Private Streets
5. Design Standards
11. Open Space
Shall be in accordance with
Section 8.2.1
Shall meet dedication
requirements in Section 8.3
Shall be in accordance with Section
8.2.1.J with the following
modifications
- Curb and Gutter are not
required.
Shall be waived due to private park,
recreational areas, and open space
development and maintenance
thereof.
Section 8.2.2 Sidewalks
A. Required Improvements In accordance with Section 8.2.1.B Modified as per PUD Requirements
and not required along existing
streets.
Section 8.2.3 Easements
A. Utility Easements
B. Drainage Easements
As Per UDC
As Per UDC
Amended to include:
Utility Easements along access
easements shall be 10-foot in
width when abutting to access
easement.
Utility Easements along rear of
lots shall be a total of 10-foot
unless adjacent lot contains a
utility easement of 10-foot or
greater.
Amended to include:
Private Drainage Easements shall
be as required by the utility
owner.
Section 8.3 Public Open Space
8.3.5 Land Dedication
8.3.6 Fee in Lieu of Land
8.3.7 Park Development
Fee
As Per UDC
As Per UDC
As Per UDC
Shall be waived due to private park,
recreational areas, and open space
development and maintenance
thereof.
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 9
DEVELOPMENT GUIDELINES
The Development shall follow the guidelines below:
DESCRIPTION LOT TYPE
Residential Lots A
B
C
Community Center and Recreation Lot D
Open Area Lots E
Park Lots P1
P2
Access Lot V1
V2
The Residential Lots within the development shall follow the guidelines below:
DESCRIPTION REQUIREMENT
Usage Residential
Minimum Open Space (Percent) 30%
Building Height – Maximum (Feet) 35
Building Spacing – Minimum (Feet) 10
Parking Requirement Per Unit 3
Maintenance Lot Owner and/or Property Management Group
Improvements Allowed Residential structure(s) and support structure(s)
including but not limited to: decks, porches, carports,
pavement(s), fencing, landscaping, utilities, etc.
Improvement Placement Residential structure(s) and support structure(s)
including decks, porches, etc. shall be located within
the indicated buildable area. Pavement(s), fencing,
landscaping, utilities, etc. can be located anywhere on
the lot.
Rental Daily, weekly, and monthly rentals as allowed by
property management.
The Community Center and Recreation Lots within the development shall follow the guidelines below:
DESCRIPTION REQUIREMENT
Usage Structures and improvements supporting the
Community
Minimum Open Space (Percent) 30%
Building Height – Maximum (Feet) 35
Building Spacing – Minimum (Feet) 10
Parking Requirement Per Unit As per PUD
Maintenance Property Management Group
Improvements Allowed Residential, Non-Residential structure(s), and support
structure(s) including but not limited to: decks,
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 10
porches, pavement(s), fencing, recreational
equipment, pool(s), landscaping, utilities, etc.
Improvement Placement Residential, Non-Residential structure(s), and support
structure(s) including decks, porches, pool(s), etc. shall
be located within the indicated buildable area.
Pavement(s), fencing, recreational equipment,
landscaping, utilities, etc. can be located anywhere on
the lot.
Rental Daily, weekly, and monthly rentals as allowed by
property management.
The Open Space Lots within the development shall follow the guidelines below:
DESCRIPTION REQUIREMENT
Usage Non-Residential Structures supporting the Community
Minimum Open Space (Percent) 30%
Building Height – Maximum (Feet) 35
Building Spacing – Minimum (Feet) 10
Parking Requirement Per Unit None
Maintenance Property Management Group
Improvements Allowed Non-Residential structure(s) and support structure(s)
including, fencing, landscaping, utilities, etc.
Improvement Placement Non-Residential structure(s) and support structure(s)
including fencing, landscaping, utilities, etc. can be
located anywhere on the lot.
The Park Lots within the development shall follow the guidelines below:
DESCRIPTION REQUIREMENT
Usage Non-Residential Structures supporting the Community
Minimum Open Space (Percent) 30%
Building Height – Maximum (Feet) 35
Building Spacing – Minimum (Feet) 10
Parking Requirement Per Unit As per PUD
Maintenance Property Management Group
Improvements Allowed Non-Residential structure(s) and support structure(s)
including, fencing, landscaping, utilities, etc.
Improvement Placement Non-Residential structure(s) and support structure(s)
including fencing, landscaping, utilities, etc. can be
located anywhere on the lot.
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD) PAGE 11
The Access Lots within the development shall follow the guidelines below:
DESCRIPTION REQUIREMENT
Usage Access for the Community
Minimum Open Space (Percent) 10%
Building Height – Maximum (Feet) 35
Building Spacing – Minimum (Feet) 10
Parking Requirement Per Unit None
Maintenance Property Management Group
Improvements Allowed Non-Residential structure(s) and support structure(s)
including but not limited to: access control building(s),
pavement(s), fencing, landscaping, utilities, etc.
Improvement Placement Non-Residential structure(s) and support structure(s)
including access control building, pavement(s), fencing,
landscaping, utilities, etc. can be located anywhere on
the lot. Access control building may not reduce the
vehicular accessibility width below requirements for
Emergency Vehicular Access.
MASTER SITE PLAN
The master site plan for the development can be found within this document as Exhibit A – Master Site Plan.
SITE DEVELOPMENT PLAN
The layout of the streets, pedestrian accessibility, lot buildable area, and open space for the development can be
found within this document as Exhibit B – Site Development Plan.
SITE SECTION VIEWS
The typical section views of the development can be found within this document as Exhibit C – Site Section
Views.
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
EXHIBITS
EXHIBIT A – MASTER SITE PLAN
EXHIBIT B – SITE DEVELOPMENT PLAN
EXHIBIT C – SITE SECTION VIEWS
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
EXHIBIT A – MASTER SITE PLAN
LOT INFORMATION
Lot Type Total Lot Type
A 166 Residential
B 88 Residential
C 24 Residential
D 1
Community
Center and
Recreation
E 27 Open Area
P1 4 Park
P2 1 Park
V1 4 Access
V2 2 Access
317
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
EXHIBIT B1 – SITE DEVELOPMENT PLAN
DEVELOPMENT INFORMATION
Description Total
Maximum Density
(Units / Gross Acre) 7.08
Minimum Site Area (Acre) 39.129
Minimum Site Width (Feet) 1,117
Minimum Lot Area
(Square Feet)
Residential = 3,200
Other = 26
Minimum Lot Width (Feet) Residential = 40
Other = 18
Minimum Open Space
(Percent of Total Unit)
Type A = 33%
Type B = 30%
Type C = 30%
Type D = 45%
Minimum Open Space
(Percent of Total Development) 33%
LOT INFORMATION
Lot Type Total
Total Square
Feet (SFT)
A 167 667,806
B 86 275,200
C 24 88,233
D 1 104,601
E 27 152,753
P1 4 41,048
P2 1 81,261
V1 4 249,583
V2 2 43,981
316 1,704,466
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
EXHIBIT B2 – SITE DEVELOPMENT PLAN
Typical Residential Lot Type A
Typical Residential Lot Type B
Typical Residential Lot Type C
10-Foot Utility Easement 10-Foot Street Yard Requirement Setback Type D
Setback Type D Setback Type B Setback Types
Type A Setback – 5-foot for Home and Decks
Type B Setback – 2-foot for Home, Decks, and
Carports. Must abut to a Setback Type C or
Non-Buildable lot.
Type C Setback – 8-foot for Home, Decks, and
Carports. Must abut to a Setback Type B or
Type C or Non-Buildable lot.
Type D Setback – 5-foot for Home, Decks, and
Carports. Must abut to a Setback Type D or
Non-Buildable Lot.
Type E Setback – 6-foot for Home and Decks.
Must abut a Setback Type E or Type F or
Non-Buildable Lot.
Type F Setback – 4-foot for Home and Decks.
Must abut a Setback Type E or Non-
Buildable Lot.
Type G Setback – 8-foot for Home and Decks.
Must abut a Setback Type D or Type H or
Non-Buildable Lot.
Type H Setback – 2-foot for Home and Decks.
Must abut a Setback Type G or Non-
Buildable Lot.
10-Foot Utility Easement
10-Foot Utility Easement
16-Foot Street Yard Requirement
24-Foot Street Yard Requirement
Setback Type A Setback Type C Setback Type E Setback Type F Setback Type H Setback Type G
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
EXHIBIT C – SITE SECTION VIEWS
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
LA VILLA HERMOSA
PLANNED UNIT DEVELOPMENT (PUD)
PLANNING COMMISSION FINAL REPORT
Case No. 0920-02
INFOR No. 20ZN1022
Planning Commission Hearing Date: September 30, 2020 Applicant & Legal Description Owner: GMG Partners, LP.
Applicant: AmeriCasa – Corpus Christi, LLC.
Location Address: 614, 702, 718 south Navigation Boulevard
Legal Description: Being a tract of land compiled from two tracts of land, a 19.497
acre tract, described in Doc#2014004931, official public records of Nueces County,
Texas and a 19.632 Acre Tract, described in Doc#2014004928, official public
records of Nueces County, Texas, Both tracts of land are out of Lot 1, Block 10,
J.C. Russell Farm Blocks, as shown on a map recorded in Volume 28, Pages 58-
59, Map Records of Nueces County, Texas, located along the east side of south
Navigation Boulevard, north of Bear Lane, west of Old Brownsville Road and south
of Santa Elena Street. Zoning Request From: “IL/SP” Light Industrial District with a Special Permit
To: “RS-4.5/PUD” Single-Family District and a Planned Unit Development
Overlay
Area: 39.129 acres
Purpose of Request: To allow for a master planned Single-Family Residential
Community to be developed in a two-phase development consisting of 277 single-
family residential units, a community center and recreational area, five parks, and
multiple open areas. Existing Zoning and Land Uses Existing Zoning District Existing
Land Use
Future
Land Use
Site “IL” Light Industrial Vacant Medium Density
Residential
North “IL” Light Industrial Light Industrial Medium Density
Residential
South “IL” Light Industrial Vacant Medium Density
Residential
East “RS-6” Single-Family 6 Vacant Medium Density
Residential
West “RS-6” Single-Family 6 Vacant Medium Density
Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of
the Westside Area Development Plan and is planned for a Medium Density
Residential use. The proposed rezoning to the “RS-4.5/PUD” Single-Family 4.5
District and a Planned Unit Development Overlay is consistent with the adopted
Future Land Use Map.
Map No.: 050042
City Council District: 3
Zoning Violations: None
Staff Report
Page 2 Transportation Transportation and Circulation: The subject property has approximately 1,100
feet of street frontage along south Navigation Boulevard which is designated as a
“A1” Minor Arterial. According to the Urban Transportation Plan, “A1” Minor Arterial
can convey a capacity between 15,000 to 24,000 Average Daily Trips (ADT). Street R.O.W. Street
Urban
Transportation
Plan Type
Proposed
Section
Existing
Section
Traffic
Volume
South
Navigation
Boulevard
“A1” Minor Arterial 95’ ROW
64’ paved
76’ ROW
35’ paved
3,467
ADT
(2012)
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the “IL” Light Industrial District
to the “RS-4.5/PUD” Single-Family District and a Planned Unit Development Overlay to allow for
a master planned Single-Family Residential Community to be developed in a two-phase
development consisting of 277 single-family residential units, a community center and recreational
area, five parks, and multiple open areas.
Development Plan: The subject property is 39.129 acres in size. The proposed use is a
development consisting of 277 single-family residential units, a community center and recreational
area, five community parks, and multiple open areas. The La Villa Hermosa Planned Unit
Development (PUD) is a Master Planned Community that is located on South Navigation
Boulevard between Agnes Street and Old Brownsville Road. The master planned community will
consist of a community center, recreational area, and parks for the residents of custom
manufactured homes. The community will be managed by on-site management. The residents
will own a custom home allowing opportunities for the future. The following table compares the
proposed PUD development standards and the Unified Development Code (UDC) standards for
the “RMH” Manufactured Home District, the “RS-4.5” Single-Family 4.5 District, and notes all
necessary deviations from the UDC being requested by the applicant.
Minimum
Dimensions
“RMH” District
Standards
“RS-4.5”
District
Standards
Proposed PUD Deviation
Maximum
Density (Units /
Gross Acre
8 - 7.08 Yes
Minimum Site
Area (Acre) 8 - 8 No
Minimum Site
Width 300 ft. - - No
Minimum Lot
Area 4,500 sf. 4,500 sf. Residential = 3,200 sf.
Other = 0 Yes
Minimum Lot
Width - 45 ft. Residential = 40 ft.
Other = 0 Yes
Minimum Street
Yard 20 ft. 20 ft. 20 ft. No
Staff Report
Page 3
Minimum Street
Yard (Corner)
Back -to-Back
20 ft. 10 ft. 10 ft. No
Minimum Street
Yard (Corner)
Back -to-Face
20 ft. 20 ft. 10 ft. Yes
Minimum Side
Yard Single 6 ft. 5 ft. 2 ft. Yes
Minimum Side
Yard Total 20 ft. 10 ft. 10 ft. No
Minimum Rear
Yard 10 ft. 5 ft. 5 ft. No
Minimum Open
Space - 30% 30% No
Maximum
Height 35 ft. 35 ft. 35 ft. No
Paved Street
Width 28 ft. 28 ft. 20 ft. Edge to Edge Yes
R.O.W. Width 50 ft. 50 ft. 26 ft. Yes
Curb Type 6-in. curb &
gutter
6-in. curb &
gutter - Yes
Parking
Requirement
2 spaces per
unit
2 spaces per
unit 3 spaces per unit Yes
Sidewalks 4 ft. on both
sides
4 ft. on both
sides 5 ft. on one side Yes
Buffer Yard Type D (20-feet
and 20-points)
Type D (20-
feet and 20-
points)
20-feet and a 7-foot
wooden screening
fence
Yes
Existing Land Uses & Zoning: The subject property is currently zoned “IL” Light Industrial District
and consists of vacant property and was annexed in 1954. The subject property is the site of a
former burrow pit for the excavation of sand and other materials. The excavation use was granted
by Special Permit in 2015. One of the conditions of the Special Permit is the site must be restored
to its original condition prior to the excavation use. The City has monitored through multiple
excavation permits that the operation follows all TCEQ guidelines. The restoration of the site is
going through a similar process, including soil samples and engineering, to ensure it is safe for a
single-family subdivision. To the north is a vacant property zoned “IL” Light Industrial District. To
the south are vacant properties zoned “IL” Light Industrial District. Further to the south is an
apartment complex (Navigation Point Apartments) and a single family subdivision Village on the
Green). To the west across south Navigation boulevard is a vacant property zoned “RS-6” Single-
Family 6. To the west are vacant properties zoned “RS-6” Single-Family 6.
AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use
Zones (AICUZ).
Plat Status: The property is platted. However, the property will be replatted as part of the Planned
Unit Development (PUD) rezoning process.
Utilities:
Water: 12-inch PVC line located along south Navigation Boulevard.
Staff Report
Page 4
Wastewater: 24-inch CIPP line located along the rear property line.
Gas: 6-inch service line located along south Navigation Boulevard.
Storm Water: 42-inch line along the north and south side of the property line.
Plan CC & Area Development Plan Consistency: The subject property is located within the
boundaries of the Westside Area Development Plan and is planned for a Medium Density
Residential use. The proposed rezoning to the “RS-4.5/PUD” Single-Family 4.5 District and
Planned Unit Development Overlay is consistent with the adopted Westside ADP. The proposed
rezoning is consistent with the following policies of the Comprehensive Plan (Plan CC):
•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).
•Encourage residential infill development on vacant lots within or adjacent to existing
neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3).
Department Comments:
•The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and
the Westside Area Development Plan. The proposed rezoning is also compatible with the
future land use and does not have a negative impact upon the adjacent properties.
•The subject property is suitable for the uses proposed by this rezoning.
•This PUD utilizes decreased lot sizes and right-of-way width, while still observing maximum
building heights, and open space requirements.
•The property is designated as per the future land use as medium density residential. As per
Plan CC, medium density residential consists of between 4 and 13 units per acre. The
proposed PUD is set as approximately 7.08 units per acre and is therefore in compliance with
the future land use designation.
•The average lot size is approximately:
Lot Type A: 3,998 square feet
Lot Type B: 3,200 square feet
Lot Type C: 3,676 square feet
•The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28
foot wide paved street surface. The applicant is requesting a reduced right-of-way width of 26
feet with a 20 foot wide paved street surface.
•The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the
proposed deviations are acceptable.
Planning Commission and Staff Recommendation (September 30, 2020):
Approval of the change of zoning from the “IL/SP” Light Industrial District with a Special Permit to
the “RS-4.5/PUD” Single-Family 4.5 District and Planned Unit Development Overlay with the
following conditions:
1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop
the Property in accordance with The La Villa Hermosa Planned Unit Development (PUD)
Guidelines and Master Site Plan. The development of the Property is to consist of 277 single-
family lots, 27 open areas, 5 parks, and 1 community center. On-site management will be
present at the development at all times and enforce all parking and maintenance
requirements.
Staff Report
Page 5
2.Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 7.08
dwelling units per acre.
3. Parking: The property must have a minimum of 3 parking spaces (9 feet wide by 18 feet long)
per dwelling unit. Parking standards for community center and recreation lot uses are set a
2.4 parking space for every 1000 square feet of gross floor area. Parking is prohibited within
the private street and pedestrian walkways.
4.Setbacks and Lot Width: Minimum front yard setbacks for all lots shall be ten feet and on a
corner ten feet.
5.Open Space: The Property must maintain a minimum of 30% open space. Any surfaces
constructed within the required open space must be constructed of pervious material.
6.Private Street Access: The 2-way private access drive shall not be less than 20 feet and the
1 foot ribbon curb shall be striped or marked to indicate “Fire Lane/No Parking.”
7.Pedestrian Access: Sidewalks shall be 5 feet wide on one side of the private street and shall
be constructed and maintained as identified on the master site plan.
8.Other Requirements: The conditions listed herein do not preclude compliance with other
applicable UDC, Building, and Fire Code Requirements.
9.Time Limit: An approved development plan shall expire 24 months after the date that the
development plan was approved, unless a complete building permit application has been
submitted or, if no building permit is required, a certificate of occupancy has been issued.Public Notification Number of Notices Mailed – 11 within 200-foot notification area
5 outside notification area
As of September 25, 2020:
In Favor – 0 inside notification area
– 0 outside notification area
In Opposition –6 inside notification area
– 0 outside notification area
Totaling 28.08% of the land within the 200-foot notification area in opposition. (3/4
Vote Required)
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
C. Planned Unit Development (PUD) Guidelines and Master Site Plan
Staff Report
Page 6
Staff Report
Page 7
Staff Report
Page 8
Staff Report
Page 9
GMG Partners, LP.
Rezoning for a Property at 702 South Navigation Boulevard
From “IL” To “RS-4.5/PUD”
Zoning Case #0920-02
N
City Council
December 8, 2020
2
Aerial Overview
3
Zoning Pattern
4
PUD Deviations
Minimum Dimensions “RS-4.5” District
Standards Proposed PUD Deviation
Minimum Open Space 30%30%No
Minimum Lot Width 45 ft.40 ft.Yes
Minimum Lot Area 4,500 square feet 3,200 square feet Yes
Minimum Front Setback 20 ft. 20 ft.No
Minimum Street Corner 10 ft.10 ft.No
Minimum Side Yard 5 ft.2 ft.Yes
Minimum Rear Yard 5 ft.5 ft.No
Minimum Building Separation 10 ft.10 ft.No
Maximum Building Height 35 ft.35 ft.No
Sidewalks 5 ft. both sides 5 ft. one side, tied Yes
ROW Width 50 ft.26 ft.Yes
Paved Street Width 28 ft.20 ft.Yes
Curb Type 6 in. curb & gutter 0 Yes
Parking Requirement 2 spaces per unit 3 spaces per unit Yes
5
PUD Concepts
6
Planning Commission
and Staff Recommendation
Approval of the
“RS-4.5/PUD” Single-Family 4.5 District
With a Planned Unit Development
7
PUD Conditions
1. Planned Unit Development Guidelines and Master Site Plan: The
Owners shall develop the Property in accordance with The La Villa
Hermosa Planned Unit Development (PUD) Guidelines and Master Site
Plan. The development of the Property is to consist of 277 single-family
lots, 27 open areas, 5 parks, and 1 community center. On-site
management will be present at the development at all times and enforce all
parking and maintenance requirements.
2. Dwelling Units per Acre: The density of dwelling units on the Property
shall not exceed 7.08 dwelling units per acre.
3. Parking: The property must have a minimum of 3 parking spaces (9 feet
wide by 18 feet long) per dwelling unit. Parking standards for community
center and recreation lot uses are set a 2.4 parking space for every 1000
square feet of gross floor area. Parking is prohibited within the private
street and pedestrian walkways.
8
PUD Conditions
4. Setbacks and Lot Width: Minimum front yard setbacks for all
lots shall be ten feet and on a corner ten feet.
5. Open Space: The Property must maintain a minimum of 30%
open space. Any surfaces constructed within the required
open space must be constructed of pervious material.
6. Private Street Access: The 2-way private access drive shall
not be less than 20 feet and the 1-foot ribbon curb shall be
striped or marked to indicate “Fire Lane/No Parking.”
9
PUD Conditions
7. Pedestrian Access: Sidewalks shall be 5 feet wide on one
side of the private street and shall be constructed and
maintained as identified on the master site plan.
8. Other Requirements: The conditions listed herein do not
preclude compliance with other applicable UDC, Building, and
Fire Code Requirements.
7. Time Limit: An approved development plan shall expire 24
months after the date that the development plan was
approved, unless a complete building permit application has
been submitted or, if no building permit is required, a
certificate of occupancy has been issued.
10
Public Notification
11 Notices mailed inside 200’ buffer
5 Notices mailed outside 200’ buffer
Notification Area
Opposed: 6 (28.08%)
In Favor: 0
X X X X
X
X
11
UDC Requirements
Buffer Yards:
RS-4.5 to RS-6: N/A
RS-4.5 to IL: Type D: 20’ & 20 pts
Setbacks:
Street: 20 feet
Side/Rear: 5 feet
Parking:
N/A
Landscaping, Screening, and Lighting
Standards
Uses Allowed: Single-family Detached
House, Group home (6 or Fewer
Residents), Community Home, Educational
Facility Uses, Parks and open Area Uses,
Places of Worship Uses, Utilities Minor
12
PUD Concepts Alternative to the Hammer Head
13
Utilities
Water:
12-inch PVC
Wastewater:
24-inch CIPP
Gas:
6-inch line
Storm Water:
42-inch line
AGENDA MEMORANDUM
First Reading for the City Council Meeting of December 8, 2020
Second Reading for the City Council Meeting of January 12, 2021
DATE: November 9, 2020
TO: Peter Zanoni, City Manager
THRU: Michael Rodriguez, Chief of Staff
michaelrod@cctexas.com
(361)826-3851
FROM: Jeffrey Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Ordinance authorizing the renewal of a five-year ground lease with Haas-Anderson Construction,
Ltd., Corpus Christi, TX, for a 3.89-acre City owned tract of land located on the former Hala Pit
Landfill, next to the City’s vehicle impound yard off of Greenwood Drive, and authorizing an annual
rental fee of $9,600.00.
SUMMARY:
The City of Corpus Christi owns a 25.06-acre abandoned landfill known as the Hala Pit located
near Greenwood Drive and Holly Road. The Police Vehicle Impound Yard has been constructed
on 11.2 acres of this landfill. The adjacent landowner, Haas Anderson Construction, Ltd., has
requested a third lease renewal for a five-year term for 3.89 acres between their property and the
City’s impound yard area.
BACKGROUND AND FINDINGS:
The former Hala Pit Landfill, 25.06 acres, was acquired by the City on March 26, 1965 from V.
Hala and Marie Hala. This site is located west of Greenwood Drive and north of Holly Road as
shown on the attached Location Map. The tract was acquired primarily for landfill operations as a
disposal site. The landfill was operated as such until 1971. An affidavit of Closed Municipal Solid
Waste Landfill was granted in August 2001. The notice places restrictions on the development or
lease of the land as required by the Texas Health and Safety Code and Texas Administrative
Five-Year Ground Lease
Haas-Anderson Construction, Ltd.
Code. The lot is zoned I-3, Heavy Industrial, and the land is suitable for surface use as a storage
area of vehicles or equipment. No construction in permitted on this area.
In 2005, Haas-Anderson Construction, Ltd., contacted the City to lease the southern 3.89-acre
portion of the 25.06-acre tract. The City has leased out the tract of land to Haas-Anderson
Construction, Ltd. for three 5-year terms. The current lease expired on September 30, 2020 and
Haas-Anderson has submitted a written request to the City for the renewal of a five-year term for
the continued use of the 3.89-acres.
The City and Haas-Anderson have negotiated a renewal for another five-year term at the rental
rate of $9,600.00 per year based on similar terms and conditions. The lease rate is calculated at
3.89 acres at a market value of $24,680 per acre with an annual rate of return of 10%. As part of
the original lease, Haas-Anderson erected a chain link security fence between their property and
the City’s remaining property. In addition, they have placed a caliche base on the leased area for
their parking use. As part of the lease agreement, they will abide by the restrictions imposed by
the Texas Health and Safety Code and the Texas Administrative Code for use of this closed
landfill.
ALTERNATIVES:
If the City does not renew the lease with Haas-Anderson Construction Ltd., it will lose out on
revenues and the land will remain vacant until future use is determined.
FISCAL IMPACT:
The fiscal impact in FY 2021 is the appropriation of the annual lease payment in an amount of $9,600.00
to the General Fund.
Funding Detail:
Fund: 1020 General Fund
Organization/Activity: 11020 General Government
Mission Element: 888 Revenues
Project # (CIP Only): n/a
Account: 343400 Property Rentals
RECOMMENDATION:
City staff recommends passage of the Ordinance approving the five-year ground lease with Haas-
Anderson Construction, Ltd.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Ordinance
Ground Lease agreement
Ordinance authorizing the renewal of a five year ground lease with Haas -Anderson
Construction, Ltd., Corpus Christi, TX, for a 3.89-acre City-owned tract of land
located on the former Hala Pit Landfill, next to the City’s vehicle impound yard off
of Greenwood Drive, and authorizing an annual rental fee of $9,600.00.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or designee is hereby authorized to execute a five-year
ground lease with Haas-Anderson Construction, Ltd. for 3.89-acres of land located next to the
City’s Vehicle Impound Yard off of Greenwood Drive, out of a 25.06-acre tract of city land formerly
known as the Hala Pit Landfill, to be used by Haas-Anderson Construction, Ltd. for parking of
construction equipment and vehicles, and approving the cash rental fee of $9,600.00 per year for
the five-year term of October 1, 2020 to September 30, 2025.
SECTION 2. This ordinance is effective upon final approval by the City Council, in compliance
with the City Charter of the City of Corpus Christi.
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 ______________
Paulette M. Guajardo ________________ Everett Roy ______________
Gil Hernandez ________________ Greg Smith ______________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2021, by the following vote:
Paulette M. Guajardo_______________ John Martinez_______________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM: Peter Collins, Chief Information Officer of Information Technology
PeterC@cctexas.com
(361) 826-3735
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Resolution authorizing a three-year agreement with Environmental Systems Research
Institute (ESRI), Inc. in an amount not to exceed $450,000.00 for license and support
maintenance of the City’s Geographic Information System (GIS), effective upon issuance
of a notice to proceed, with FY 2021 funding in the amount of $125,000.00 available in
the Information Technology Fund.
SUMMARY:
This resolution authorizes a three-year Enterprise Agreement with Environmental
Systems Research Institute, Inc. (ESRI) for the license and support maintenance of ESRI
products.
BACKGROUND AND FINDINGS:
ESRI products are used to support the City’s Geographic Information System (GIS) for
the entire City and is integrated with mission critical applications. These maps and layers
represent spatial information of the City’s infrastructure and are used by Uti lities, Gas,
Public Works, Street, Health, Engineering, Public Safety, Development Services,
Emergency Operations Center, and other departments in their daily operational functions.
GIS applications and data are used for locating addresses for 911, locating and identifying
equipment for maintenance and repair through Maximo work order system, platting and
planning future projects, providing GIS reports and maps for contractors, providing GIS
Environmental Systems Research Institute (ESRI) License and Support
Maintenance
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
information for the consent decree which include water lines and equipment including air
release valves, manholes etc, and locating fire hydrants for repair and maintenance.
Software must be maintained to allow for improvements and to ensure it stays compatible
with integrated systems. The current agreement for software licenses, maintenance, and
support is expiring.
The City is moving to a new Enterprise Agreement (EA) licensing model with the growth
increase to support the consolidated GIS staff and for the anticipated growth of the City’s
projected geospatial projects over the next three years.
This is a sole source purchase. Environmental Systems Research Institute, Inc. (ESRI)
is the sole manufacturer of the ESRI products.
ALTERNATIVES:
An alternative would be not to have the licenses and support maintenance and risk not
having the software to allow for improvements and ensure it stays compatible with
integrated systems.
FISCAL IMPACT:
The fiscal impact for Information Technology Department in FY 2021 is an amount not to
exceed $125,000.00 for the first year of this three-year agreement.
FUNDING DETAIL:
Fund: 5210 Info Tech
Organization/Activity: 40470 IT Application services
Mission Element: 242 Support software applications
Project # (CIP Only): n/a
Account: 520105 Computer software
RECOMMENDATION:
Staff recommends approval of this resolution authorizing a three -year agreement with
Environmental Systems Research Institute, Inc. (ESRI).
LIST OF SUPPORTING DOCUMENTS:
Resolution
Enterprise Agreement- available to Council Members upon request
Price Sheet-available to Council Members upon request
Page 1 of 2
Resolution authorizing a three-year agreement with Environmental
Systems Research Institute (ESRI), Inc. in an amount not to exceed
$450,000.00 for license and support maintenance of the City’s
Geographic Information System (GIS), effective upon issuance of a
notice to proceed, with FY 2021 funding in the amount of $125,000.00
available in the Information Technology Fund.
WHEREAS, this item is for ESRI products used to support the City’s Geographic
Information System (GIS) used by Utilities, Gas, Engineering, Public Safety, Development
Services, Emergency Operations Center and other departments;
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 provide to
preserve or protect the public health and safety of the municipality’s residents ; and
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 three-year agreement with Environmental Systems Research
Institute, Inc. for licenses and support maintenance, for a total not to exceed amount of
$450,000.00.
Page 2 of 2
PASSED AND APPROVED on the ______day of __________,2021:
Paulette M. Guajardo _______________________
Roland Barrera _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Billy Lerma _______________________
John Martinez _______________________
Ben Molina _______________________
Mike Pusley _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM: Peter Collins, Chief Information Officer of Information Technology
PeterC@cctexas.com
(361) 826-3735
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year service agreement with Great South Texas Corp, dba
Computer Solutions of San Antonio, Texas, in an amount not to exceed $251,262.00 for
Cisco Umbrella which provides internet content filtering effective upon issuance of notice
to proceed, with funding in an estimated amount of $83,800.00 available in the FY 2021
Information Technology Fund.
SUMMARY:
This motion authorizes an agreement with Great South Texas Corp, dba Computer
Solutions to provide Cisco Umbrella for internet content filtering for City of Corpus Christi’s
staff.
BACKGROUND AND FINDINGS:
Cisco Umbrella is replacing the current internet content filter which is a savings of
approximately $40,000 annually.
With approval of this motion, the City of Corpus Christi’s IT Department will obtain a three-
year agreement to ensure internet content filtering remains active.
This procurement is through DIR. The contracts awarded through this cooperative have
been competitively procured in compliance with Texas Local and State procurement
Cisco Umbrella Internet Content Filtering Application
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
requirements. Computer Solutions is providing the City with a cost savings benefit of
$5,000 for Cisco Learning Credits within the next three years.
ALTERNATIVES:
This agreement for Cisco Umbrella is necessary for the City to continue internet content
filtering.
FISCAL IMPACT:
The fiscal impact for FY 2021 is $83,800.00, which was budgeted through the budget
process.
The remaining cost will be budgeted through the annual budget process.
FUNDING DETAIL:
Fund: 5210 Info Tech
Organization/Activity: 40430 IT Network Services
Mission Element: 241 Prvd suprt technology infrast
Project # (CIP Only):
Account: 520105 Computer software
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three-year service agreement for
Cisco Umbrella internet content filtering with Great South Texas Corp, dba Computer
Solutions of San Antonio, Texas as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
End User License Agreement
ITEM QTY UOM PRICE YEAR 1 YEAR 2 YEAR 3 TOTAL
1
3,000 ea $ 25.38 $ 76,140.00 $ 76,140.00 $ 76,140.00 $ 228,420
2
1 ea $ 7,614.00 $ 7,614.00 $ 7,614.00 $ 7,614.00 $ 22,842
3 3 yrs no charge no charge no charge no charge no charge
$ 251,262
PAGE 1
PRICE SHEET
Cisco Umbrella Secure Internet Gateway
DIR-TSO-4167
DESCRIPTION
Cisco Secure Internet Gateway Essentials -
Hosted Licenses Subscription
Technical Support 24x7 (phone consulting) for
Cisco Umbrella Enhance
Cisco Learning Credits ($5,000 credit, no
charge)
TOTAL
City of Corpus Christi
Contracts and Procurement
Buyer: Elizabeth M. Rodriguez
Great Sout Texas dba Computer Solutions
San Antonio, Texas
Co-operative Purchase Agreement Standard Form Page 1 of 3
CO-OPERATIVE PURCHASE AGREEMENT NO. 94063
Cisco Umbrella Secure Internet Gateway
THIS Cisco Umbrella Secure Internet Gateway Co-operative Purchase Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Great South Texas Corp dba Computer
Solutions (“Contractor"), effective upon execution by the City Manager or the City
Manager’s designee (“City Manager”).
1. Co-operative Agreement. Contractor has agreed to provide Cisco Umbrella
Secure Internet Gateway in accordance with its agreement with Texas
Department of Information Resources DIR-TSO-4167 (the “Co-operative
Agreement”), which is incorporated by reference herein as if set out here in its
entirety. In the event of a conflict between this Agreement and the Co-operative
Agreement, this Agreement shall govern to the extent allowed by the Co-
operative Agreement.
2. Scope. Contractor will provide Cisco Umbrella Secure Internet Gateway in
accordance with the attached Statement of Work, as shown in Attachment A,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety.
3. Term. This Agreement is for 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.
4. Compensation and Payment. This Agreement is for an amount not to exceed
$251,262.00, subject to approved amendments and changes. All pricing must be
in accordance with the attached Quote, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety.
Invoices will be mailed to the following address:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
5. 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:
DocuSign Envelope ID: 8C16B247-65D8-45B2-8487-A41D7DAF2309
Co-operative Purchase Agreement Standard Form Page 2 of 3
IF TO CITY:
City of Corpus Christi
Attn: Alan Carlos
Assistant Director of Information Technology
1201 Leopard Street, Corpus Christi, Texas 78469
(361) 826-3782
Fax
IF TO CONTRACTOR:
Great South Texas, Corp dba Computer Solutions
Attn: David Jones
Inside Sales Representative
814 Arion Parkway, Suite 101, San Antonio, Texas 78216
(210) 369-0300
djones@comsoltx.com
6. Entire Agreement. This Agreement, along with the Co-operative Agreement,
constitutes the entire agreement between the parties concerning the subject
matter of this Agreement and supersedes all prior negotiations, arrangements,
agreements and understandings, either oral or written, between the parties.
[Signature Page Follows]
DocuSign Envelope ID: 8C16B247-65D8-45B2-8487-A41D7DAF2309
Co-operative Purchase Agreement Standard Form Page 3 of 3
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_________________________________________________
Kim Baker
Director of Contracts and Procurement
Date:
APPROVED AS TO LEGAL FORM:
_________________________________________________
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Incorporated by Reference Only:
Co-operative Agreement: DIR-TSO-4167
DocuSign Envelope ID: 8C16B247-65D8-45B2-8487-A41D7DAF2309
David Jones
Inside Sales Associate
11/19/2020
Page 1 of 1
ATTACHMENT A: SCOPE OF WORK
PROJECT NAME: Cisco Umbrella Secure Internet Gateway.
PROJECT ADDRESSES: 1201 Leopard Street, Corpus Christi, Texas 78401
Scope of Work:
1. The Contractor will resell custom Cisco Umbrella License Subscription annually for
three years that includes:
a. 3,000 (Hosted Licenses) - Cisco Umbrella Secure Internet Gateway Essentials
Licenses deliver electronic licenses remotely to the Alan Carlos, Assistant
Director of Information Technology.
b. Cisco Umbrella Enhance Technical support - for Cisco Umbrella - phone
consulting – 24 x 7.
2. The Contractor will honor a $5,000 100% Discount to the City of Corpus Christi
under DIR-TSO-4167 for five Cisco Learning Credits - pre-purchasing training funds
unit (pack of 10).
3. The Contractor will invoice the City of Corpus Christi annually for 1(a)(b).
DocuSign Envelope ID: 8C16B247-65D8-45B2-8487-A41D7DAF2309
Great South Texas Corp dba
Computer Solutions
814 Arion Parkway, Suite 101
San Antonio, Texas 78216
United States
http://www.comsoltx.com
(P) (210) 369-0300
(F) 210-369-0389
Date
Nov 03, 2020 05:07 PM
CST
Expiration
Date
12/31/2020
Modified Date
Nov 03, 2020 05:13 PM CST
Quote (Open)
Doc #
1027148 - rev 1 of 1
Description
Umbrella SIG Essentials 3yr Annual
Payments
SalesRep
Jones, David
(P) 210-369-0318
(F) 210-369-0389
Customer Contact
Carlos, Alan
(P) 361-826-3782
alancarlos@cctexas.com
Customer
City of Corpus Christi (16975)
Carlos, Alan
1201 Leopard Street
Corpus Christi, TX 78401
United States
(P) 361-826-3740
Bill To
City of Corpus Christi
Accounts, Payables
1201 Leopard Street
Corpus Christi, TX 78401
United States
(P) 361-826-4091
(F) 361-826-4551
Ship To
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
United States
(P) 361-826-3740
Contract Programs: Cisco
DIR-TSO-4167 Expires
07/03/2021 - Cisco
Certifications: WBE/SBE/HUB#
1942650013800 Exp:
04/26/2022
Sales Order Type: Drop
Ship - Ship to customers
location
Customer PO:Terms:
Net 30 Days
Ship Via:
FedEx Ground
Special Instructions:Carrier Account #:
# Image Description Part #List Price Qty Unit Price Total
Umbrella SIG Essentials, Year 1 of 3 Annual Payments
1 Cisco Umbrella Secure Internet Gateway Essentials
License - hosted
UMB-SIG-ESS-K9 $56.40 3000 $25.38 $76,140.00
Note: 3 Year Subscription via Annual Payments, Section Reflects Year 1 of 3 Annual Payments
Cisco DIR-TSO-4167 - 55% Discount
Contract Programs
2 Cisco Umbrella Enhance
Technical support - for Cisco Umbrella - phone consulting - 24x7
SVS-UMB-SUP-E $16,920.00 1 $7,614.00 $7,614.00
Note: 3 Year Subscription Support via Annual Payments, Section Reflects Year 1 of 3 Annual Payments
Cisco DIR-TSO-4167 - 55% Discount
Contract Programs
Cisco Learning Credits
3 Cisco Learning Credits
pre-purchasing training funds unit (pack of 10)
TRN-CLC-000 $1,000.00 5 $0.00 $0.00
Note: $5,000 in Cisco Learning Credits at No Cost to City of Corpus Christi
Cisco DIR-TSO-4167 - 100% Discount
ATTACHEMENT B: QUOTE AND PRICING SCHEDULE
Page 1
DocuSign Envelope ID: 8C16B247-65D8-45B2-8487-A41D7DAF2309
Contract Programs
Subtotal $83,754.00
Year 2 of 3yr Subscription via Annual Payments
4 Cisco Umbrella Secure Internet Gateway Essentials
License - hosted
UMB-SIG-ESS-K9 $56.40 3000 $25.38 $76,140.00
Note: 3 Year Subscription via Annual Payments, Section Reflects Year 1 of 3 Annual Payments
Cisco DIR-TSO-4167 - 55% Discount
Contract Programs
5 Cisco Umbrella Enhance
Technical support - for Cisco Umbrella - phone consulting - 24x7
SVS-UMB-SUP-E $16,920.00 1 $7,614.00 $7,614.00
Note: 3 Year Subscription Support via Annual Payments, Section Reflects Year 1 of 3 Annual Payments
Cisco DIR-TSO-4167 - 55% Discount
Contract Programs
Subtotal $83,754.00
Year 3 of 3yr Subscription via Annual Payments
6 Cisco Umbrella Secure Internet Gateway Essentials
License - hosted
UMB-SIG-ESS-K9 $56.40 3000 $25.38 $76,140.00
Note: 3 Year Subscription via Annual Payments, Section Reflects Year 1 of 3 Annual Payments
Cisco DIR-TSO-4167 - 55% Discount
Contract Programs
7 Cisco Umbrella Enhance
Technical support - for Cisco Umbrella - phone consulting - 24x7
SVS-UMB-SUP-E $16,920.00 1 $7,614.00 $7,614.00
Note: 3 Year Subscription Support via Annual Payments, Section Reflects Year 1 of 3 Annual Payments
Cisco DIR-TSO-4167 - 55% Discount
Contract Programs
Subtotal $83,754.00
# Image Description Part #List Price Qty Unit Price Total
Notes
3 Year Subscription via 3 Annual Equal Payments
Year 2 and 3 Annual Payment be Due 1YR/2YR from
Subscription Start Date.
-----------------------------------------------
Cisco DIR-TSO-4167 - Expiration: 07/03/2021
Vendor ID: 1942650013800 (Great South Texas Corp. dba
Computer Solutions)
HUB / SBE / WBE Co. Certifications | Expire 4/26/2022
Thank you for the opportunity to provide this quote.
Subtotal: $251,262.00
Tax (0.000%):$0.00
Shipping:$0.00
Total: $251,262.00
(List Price: $563,360.00)
Page 2
DocuSign Envelope ID: 8C16B247-65D8-45B2-8487-A41D7DAF2309
DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM: Tracey Cantu, Interim Director of Parks and Recreation
TraceyC@cctexas.com
361-826-3042
Josh Chronley, Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year rental and service agreement with BP Rental Services,
LLC dba CC Rentals, in an amount not to exceed $80,750.00 for Portable Toilet Rentals
for Beach Operations. The amount for FY 2021 for the remaining 8 months is
$17,944.45 that is available in the FY 2021 State Hotel Occupancy Tax (HOT) Beach
Fund.
SUMMARY:
This motion authorizes a three-year service agreement for portable toilet rentals for Beach
Operations to be used for the Gulf Beaches. The portable toilets for other beaches are
serviced under separate contracts.
BACKGROUND AND FINDINGS:
This three-year rental and service agreement is for the rental of portable toilets to be
utilized throughout eight miles of Gulf beach areas, primarily between Zahn Road and
Access Road 3A, that do not have appropriate alternative restroom facilities. This
agreement is being brought to Council due to the cost crossing the threshold of $50,000.
The City has utilized portable toilet rentals for over 10 years to supply appropriate
alternative restroom facilities to these beach areas, offering 10 units during the off
Portable Toilet Rentals for Beach Operations
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
seasons from October through February and 20 units during the summer seasons from
March through September. Prior to BP Rental Services, LLC dba CC Rentals, Parks &
Recreation invested in a six-month agreement with Waste Connection for $74,460 that
comes to $12,410 per month. The proposed three -year agreement with BP Rental
Services, LLC dba CC Rentals will provide services at a cheaper cost, $2,243.05
compared to a monthly or annual agreement. This contract is for Gulf beaches only. North
Beach and Labonte Park are each serviced under separate contracts.
Contracts and Procurement conducted a competitive Request for Bid process to obtain
bids for long-term contract. The City received two bids. Both Contracts and Procurement
and Beach Operations confirmed that the bids submitted were in fact correct and that the
scope of work was fully understood. The second bidder would have to pay overtime to
staff workers for weekend and holiday services; and therefore, the pricing is extremely
high. The City is recommending award to the lowest, responsive, responsible bidder –BP
Rental Services, LLC dba CC Rentals – for portable toilet rentals for Beach operations.
ALTERNATIVES:
Due to the City not owning these beach areas, the General Land Office will not allow the
City to build restroom facilities there. Without this Service Agreement, these beach areas
will not have any alternative restroom facilities and all beachgoers will have to find other
public restroom facilities in the vicinity to use, creating a less enjoyable and sanitary beach
experience.
FISCAL IMPACT:
The fiscal impact for Parks and Recreation (Beach Operations) in FY 2021 is $17,944.45
for eight months of this three-year service agreement. The remaining cost will be
budgeted in future years through the annual budget process.
FUNDING DETAIL:
Fund: 1032 State HOT Beach
Organization/Activity: 13836 Gulf Beach Maintenance
Mission Element: 141 Manage and Maintain Parks and Recreation Facilities
Project # (CIP Only): N/A
Account: 530160 Rentals
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three-year service agreement
with BP Rentals dba CC Rentals for Portable Toilet Rentals for Beach Operations as
presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
BUYER SANDRA RODRIGUEZ
BID SHEET
RFB 3315
PORTABLE TOILET RENTALS FOR BEACH OPERATIONS
Item Description Unit QTY Unit Price Total Months Extended Cost Unit Price Total Months Extended Cost
1 Standard Portable Toilet Rental and
Services four times per week EA 10 x $120.00 =$1,200.00 x 18 =$21,600.00 $636.30 =$6,363.00 x 18 =$114,534.00
2 ADA Portable Toilet Rental and
Services four times per week EA 10 x $140.00 =$1,400.00 x 18 =$25,200.00 $984.91 =$9,849.10 x 18 =$177,283.80
3 ADA Portable Toilet Rental and
Services three times per week EA 10 x $75.00 =$750.00 x 15 =$11,250.00 $738.00 =$7,380.00 x 15 =$110,700.00
Spring Break : Month of March, Year 2021, 2022, 2023
4
Standard Portable Toilet Rental
Service and Sanitize six times per
week
EA 10 x $70.00 =$700.00 x 3 =$2,100.00 $954.00 =$9,540.00 x 3 =$28,620.00
5 ADA Portable Toilet Rental Service
and Sanitize six times per week EA 10 x $90.00 =$900.00 x 3 =$2,700.00 $1,476.00 =$14,760.00 x 3 =$44,280.00
Holiday Service: Memorial Day, 4th of July and Labor Day
6 Standard Portable Toilet Rental
Service and Sanitize 10 Units EA 10 x $45.00 =$450.00 x 9 =$4,050.00 $150.00 =$1,500.00 x 9 =$13,500.00
7 ADA Portable Toilet Rental Service
and Sanitize 10 Units EA 10 x $65.00 =$650.00 x 9 =$5,850.00 $170.00 =$1,700.00 x 9 =$15,300.00
8 Standard Portable Toilet Rentals and
Services EA 80 x $40.00 =$3,200.00 x 1 =$3,200.00 $120.00 =$9,600.00 x 1 =$9,600.00
9 ADA Portable Toilet Rentals and
Services EA 80 x $60.00 =$4,800.00 x 1 =$4,800.00 $140.00 =$11,200.00 x 1 =$11,200.00
$80,750.00 $525,017.80
BP Rental Services, LLC
Corpus Christi, TX
United Site Services of Texas, Inc.
Corpus Christi, TX
GRAND TOTAL
Off – Season Months: October through February
Non-Scheduled
In-Season Months : April through September
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
SERVICE AGREEMENT NO. 3315
Portable Toilet Rental for Beach Operations
THIS Portable Toilet Rental for Beach Operations Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation (“City”) and BP Rental Services, LLC dba CC Rentals (“Contractor"),
effective upon execution by the City Manager or the City Manager’s designee (“City
Manager”).
WHEREAS, Contractor has bid to provide Portable Toilet Rental for Beach
Operations in response to Request for Bid/Proposal No. 3315 (“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 Portable Toilet Rental (“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 three years, 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-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
$80,750.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City’s discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
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: Roberta Rodriguez
Department: Parks and Receration
Phone: 361-826-3166
Email: RobertaO@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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Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 9, 2020
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.
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form March 9, 2020
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 and Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3166
IF TO CONTRACTOR:
BP Rentals, LLC dba CC Rentals
Attn: Ricky Priest
Title: Vice President
Address: 726 N. Clarkwood Rd., Corpus Christi, TX 78409
Phone: 361-265-3013
Fax: 361-265-3016
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form March 9, 2020
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.
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 9, 2020
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.
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form March 9, 2020
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. 3315
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
11/24/2020
President
Ricky Preist
Page 1 of 2
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The Contractor shall provide rental, delivery, cleaning, maintenance, and service of
chemical portable toilets, both standard units and ADA wheelchair accessible. The
chemical portable toilets will be rented on a monthly, weekly, or daily basis including
holidays, weekends, and special events around theCity.
2, Rental Units
A.Contractor shall comply with all sanitary conditions set forth in the City Codes
and Ordinances as administered by the City-County Health Department.
B.Contractor shall provide all equipment and supplies required to place,
pickup,clean, service, repair and/or relocate units.
C.Contractor shall provide portable chemical toilet units fabricated from fiberglass,
PVC plastic, or polyethylene. Each unit shall bear its own identification system of
numbers, letters, or combination.
D.All units must be delivered free of graffiti and damages. All units delivered must
be clean and in full functioning condition. Any units not meeting these standards
must be replaced within 24 hours, at no charge to the City.
E.Contractor shall provide and maintain a written service log affixed to the inside
of each portable unit. The service log shall list the date(s) of each maintenance
service visit and initials of the individual(s) whom performed the service.
F.Contractor shall provide units with doors that are self-closing, tight fitting, and
shall have an inside lock. The exterior of the door shall include an occupancy
meter to indicate when unit is occupied and unoccupied.
G.Contractor shall remove all tank waste, clean and disinfect the inside, including
but not limited to, the waste tank, walls, door, toilet seat, and floor, at no
additional cost to City.
H.Contractor shall properly dispose of all waste products removed from the
portable toilets during the servicing and sanitizing. Contractor’s employee will
inspect all units being serviced during cleaning procedures. Any units damaged
or non-functional must be reported to the Contractor’s area manager by the
Contractor’s employee and replaced within 24 hours.
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Page 2 of 2
3. Schedule
A.In-Season Months: April through September
1.The Contractor will supply Beach Operations with ten standard portable toilet
units and ten ADA portable toilet units during in-season months.
2.Contractor shall service and sanitize all units four times a week during the in-
season months. Service days will be Tuesday, Friday, Saturday, and Sunday.
B.Off-Season Months: October through February
1.The Contractor will supply Beach Operations with ten ADA portable toilet units
during off- season months.
2.Contractor shall service and sanitize all units three times a week during the off-
season months. Service days will be Tuesday, Friday, and Sunday.
C.Spring Break (Month of March, Year 2021, 2022, 2023)
1.Contractor shall supply 10 Standard units (to be put next to each ADA unit)
for the month of March for year 2021, 2022 and 2023.
2.Contractor shall service and sanitize all units (10 standard and 10 ADA units)
six times a week during the month of March for year 2021, 2022 and 2023.
D.Non-Schedule and Holiday Service:
1.Contractor shall service and sanitize all units (10 standard and 10 ADA units) 1
extra time per holiday (Memorial Day, 4th of July and Labor Day).
2.Contractor will be notified by the Beach Operations Contract Administrator of
extra services requested during spring break and/or holidays.
3.In the event of non-scheduled rentals of a week or less, the Contractor shall
provide more frequent servicing and sanitation as required by the Beach
Operations Contract Administrator.
4.Contractor shall provide extra ADA units and non-scheduled services within 12
hours after Contractor receives request.
5.Contractor shall move units from place to place on various job sites at no
additional cost as requested by the Contract Administrator. Units are to be
moved within 12 hours after Contractor receives request.
4. Estimated Location Areas:
A.Access Road 2
B.Access Road 3A
C.Newport Pass
D.JP Luby Beach
E.Southside of Packery Channel
F.Whitecap
G.Seawall Area
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
ATTACHMENT B: QUOTE AND PRICING SCHEDULE DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
$80,750.00DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
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
$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.
Page 1 of 3
DocuSign Envelope ID: 8A3FCFDB-1CC7-4D3D-9FD9-E6D65D65043B
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.
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Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F.In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self-insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I.It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
BOND REQUIREMENTS:
No bonds are required therefore, service agreement 3315, Section 5 Insurance; Bond Section
5 (B) is hereby void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
06/08/2020 Risk Management – Legal Dept.
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Page 1of 1
ATTACHMENT D: WARRANTY REQUIREMENTS
No warranty is required therefore, Service Agreement 3315, Section 8, Warranty
Requirements subsections 8(A)and (B) are hereby void.
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DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM: Jim Davis, Director of Asset Management
JimD@cctexas.com
(361) 826-1909
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year service agreement with Hub City Overhead Door Co., Inc.
in an amount not to exceed $200,000.00 to perform on-call overhead door maintenance
and repair services to City owned facilities for the Asset Management Department,
effective upon issuance of a notice to proceed, with FY 2021 funding in an amount not to
exceed $47,000.00 available in the Facility and Property Management Fund.
SUMMARY:
This motion authorizes a service agreement with Hub City Overhead Door Co., Inc. for
overhead door maintenance and repair services. These services are necessary to
maintain operable doors at City owned facilities under the direction of the Asset
Management Department.
BACKGROUND AND FINDINGS:
The Asset Management Department is responsible for overhead door maintenance and
repairs at City owned facilities. It is important that all overhead doors are always kept in
good operational condition to promote seamless service to employees and customers.
These services will be performed on an as needed basis under individual job orders that
will be based on unit prices for 41 City facilities including City Hall, the Health Department,
the Police Department, Municipal Court, Water Department, Wastewater Treatment
Plants, Gas Department, Solid Waste Building, senior centers, recreation centers, public
libraries, the City’s tennis centers and swimming pool complex.
Overhead Door Maintenance and Repairs for Asset Management
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
The Contracts and Procurement Department conducted a competitive Request for Bid
(RFB) process to obtain bids for a contract. The City received one responsive, responsible
bid from the incumbent contractor. This type of service is very specialized and there are
limited contractors that can perform these services. Staff reached out to the few
contractors that currently perform this type of service; however, only one contractor
responded to the RFB. The price is $13 higher on the labor rate than the current rate or
an increase of 9.6% from the previous agreement . A fair market hourly rate comparison
was conducted, and the bid is in line with other overhead company rates in the Corpus
Christi area. Staff recommends award to the lowest responsive, responsible bidder, Hub
City Overhead Door Co., Inc.
ALTERNATIVES:
The alternative to accepting this bid would be to do request for quotes for an overhead
door repair company; however, this is a specialized service and contractors are very
limited. With a service agreement in place, the Asset Management Department eliminates
the wait time to repair overhead doors.
FISCAL IMPACT:
The fiscal impact for the Asset Management Department in FY 2021 is an amount not to
exceed $47,000.00 for Overhead Door maintenance and repairs on an as-needed basis.
The City is only charged when services are rendered. The remaining cost will be funded
in future years through the annual budget process.
FUNDING DETAIL:
Fund: 5115 Fclty & Prop Mg
Organization/Activity: 40300 Facilities Maintenance
Mission Element: 191 Operate City Buildings & Facilities
Project # (CIP Only): N/A
Account: 530210 Building Maintenance & Service
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three -year service agreement
with Hub City Overhead Door Co., Inc. as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
City of Corpus Christi Bid Tabulation
Senior Buyer: Cynthia Perez RFB 3254-Overhead Door Repair Services
Item Description Unit 3 Yr. Qty Unit Price Total Price
1 Technician Normal
Hours-Monday-Friday ( 8:00AM-
5:00PM)
HRS 225 $148.00 $33,300.00
2 Technician After
Hours, Weekends and Holidays
HRS 75 $222.00 $16,650.00
Markup %Estimated Spend +
Markup
3 Parts/Materials 30%$91,000.00
Estimated Spend
$70,000.00
Hub City Overhead Co., Inc.
Corpus Christi, TX
Total $140,950.00
Note: The contract value is a predetermined amount established and
published in the RFB as this is a Job order contract.
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JOB ORDER CONTRACT
SERVICE AGREEMENT NO. 3254
Overhead Door Repair Services
THIS Overhead Door Repair Services Agreement ("Agreement") is entered into by
and between the City of Corpus Christi, a Texas home-rule municipal corporation
(“City”) and HUB City Overhead Door Co., Inc. (“Contractor"), effective upon
execution by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Overhead Door Repair Services in
response to Request for Bid/Proposal No. 3254 (“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 Overhead Door Repair Services (“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. Job Orders. This Agreement is a competitively awarded agreement as described
by Attachment A. The work is of an indefinite quantity and a recurring nature,
delivered on an on-call or as-needed basis, through individually priced Job
Orders. The Agreement may support a broad assortment of maintenance work.
Work will not begin on any Job Order until Contractor is briefed on the project and
the Job Order is issued in writing.
3. Term. This Agreement is for three years, 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-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.
4. Compensation and Payment. This Agreement is for an amount not to exceed
$200,000.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
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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 ad dress with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
5. 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: Romy Greaves
Department: Asset Management
Phone: (361) 826-3645
Email: RomyG@cctexas.com
6. 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) Contractor shall provide performance and payment bonds if required by law
based on the amount of the Job Order or if otherwise required by the City. At a
minimum, the Contractor will be required to provide a payment bond on all Job
Orders that exceed $50,000 and a performance bond on all Job Orders that
exceed $100,000.
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7. 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.
8. Inspection and Acceptance. Contractor will notify the Contract Administrator
when work has been completed on a specific job order. 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.
9. 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. Contractor must provide all labor, services, equipment, materials, tools,
transportation, mobilization, insurance, subcontracts, bonds, supervision,
management, reports, incidentals and quality control necessary to complete all
services agreed to in a timely manner throughout the term of the Agreement.
(D) Contractor shall warrant that work performed conforms to the Job Order
requirements and is free of any defect in equipment, material or design furnished
or workmanship performed by the Contractor or any of its subcontractors or
suppliers at any tier. All work provided by the Contractor shall be warranted for a
minimum period of one year from the date of final acceptance of the Work.
Equipment warranties shall be as required under the Job Order.
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10. 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.
11. 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.
12. 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.
13. 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, proposal or Job Order, 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.
14. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
15. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
16. 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.
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17. 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: Romy Greaves
Title: Architect
Address: 5352 Ayers Street, Corpus Christi, Texas 78415
Phone: (361) 826-3645
Fax: (361) 826-1989
IF TO CONTRACTOR:
Hub City Overhead Door Co., Inc.
Attn: Brandon Price
Title: Sales, Service & Project Manager
Address: 1626 North Lexington Blvd., Corpus Christi, Texas 78409
Phone: (361) 289-7083
Fax: (361) 299-2291
18. 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,
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LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
19. 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.
20. 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.
21. Engineering Work. If the scope of work under any Job Order requires the services
of an engineer or architect in accordance with Texas law, the City will provide the
specifications prepared by the engineer or architect prior to approval of the Job
Order.
22. 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.
23. 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.
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24. 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).
25. 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.
26. 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.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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CONTRACTOR
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. 3254
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Brandon Price
11/9/2020
Sales and Service Manager
Revised 11.08.19
Attachment A- Scope of Work
1.1 General Requirements/Background Information
A. The Contractor shall provide overhead doors repairs services for City Owned
facilities listed in the Scope of work on as needed basis.
B. The Contractor shall comply with the following standards including but not limited
to locally adopted building codes, Texas windstorm insurance requirement, and
OSHA safety regulations
C. The Contractor shall obtain a permit through the Development Services
Department when applicable as required by Texas Windstorm Insurance
guidelines.
1.2 Repairs
A. The Contractor shall provide trained personnel, labor, parts, supplies, tools,
equipment and transportation necessary to perform repair services for all
locations
B. The Contractor shall perform repairs to the following parts including but not limited
to:
1.Electrical – Motor, Pneumatic Safety Edge, Receiver Bod, Replay, Remote
Controls, Transformer, Switches, Loop sensors, Combination keypad system
2.Mechanical – Belts, Cables, Hinges, Rollers/Rails, Drive Chain, Spring and
Bearing, Door section
C. The Contractor shall provide lubrication to rollers, hinges, tracks, drive chains,
springs and bearings.
1.3 Job Order
A. Information for the services will be provided to the Contractor through Job Order
or phone/email in an emergency followed up with a job order. The Contractor
shall request the job order from the Contract Administrator.
B. The Contractor shall provide repair estimates including labor and parts/materials
based on the information provided in the job order or site visit. The Contractor
shall submit a written estimate and repair timeline for approval to the Contract
Administrator utilizing pricing as outlined in the Contract before commencing
services. The estimate shall be provided within four business days of the original
request and shall include a detailed summary in accordance with the Contract
rates.
C. The Contractor shall provide a payment bond if the estimate of the job order
exceeds $50,000 and a performance bond if the estimate of the job order
exceeds $100,000.
D. If the estimate is accepted and work performed, the Contractor’s invoice shall
not exceed the job order amount unless authorized by the Contract Administrator
via an amendment or change to the job order prior to the work being performed.
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E. Before commencing the work, the Contractor shall prepare and submit a
proposed work schedule that includes estimated days to complete project and
number of personnel to be assigned to perform the work.
F. The Contractor shall perform routine service calls during normal working hours 8:00
AM to 5:00 PM, unless approved by the Contract Administrator. The Contractor
shall be on site within two hours or within an agreeable time frame determined
by the Contract Administrator.
G. Emergency service calls are defined as an event which requires immediate
action to prevent a hazard to life, health, safety, and property. The Contractor
shall be on site within an agreeable time frame determined by the Contract
Administrator.
H. The Contractor shall check in with the Contract Administrator at the location upon
arrival and checkout after completion of work.
I. The Contractor shall only invoice the City for the time spent on the property. The
City will not pay for time spent in route and travelling to acquire parts/supplies.
J. Upon completion of the routine or emergency service call, the Contractor’s
representative shall provide a job ticket. The job ticket shall include, but not
limited to – Company Name, Name of technician, Date of Service, Detailed
Description of the work performed, total time spend on job, parts used, and Job
Order number.
1.4 Service Personnel
A. Any personnel assigned to the service agreement shall meet all applicable
certification requirements of any regulatory agency having jurisdiction. The
Contractor shall ensure that all personnel are continuously trained to meet the
latest industry standards.
B. The Contractor shall ensure that all crews are fully and properly equipped to
perform services promptly and safely without delay. All personnel assigned to the
service agreement shall wear a uniform, including safety equipment and any
company issued photo identification. The Contractor’s employees working on site
shall wear clothing with an identification logo bearing the name of the company
visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and
long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be
suitable for electrical work in accordance with NFPA 70E requirements.
C. If the service personnel do not perform as per requirement, the City has the right
to reject the personnel and the Contractor is liable to deploy new personnel.
D. The Contractor shall conduct background checks for all personnel before
assigned to work under this agreement. The Contract Administrator may ask
background check report from the Contractor. The City reserves the right to
approve or refuse employees because of a derogatory background check. The
background check will be done at the sole expense of the Contractor.
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1.5 Site Control
A. The Contractor shall barricade or place cones around the work area before
commencing services. The Contractor shall safeguard the area while services are
being performed. The Contractor shall try to minimize any interference to the
building occupants with the day to day operations. The Contractor shall be
responsible for assuring the safety of its employees, City employees, and the
public during performance of all services under this agreement.
B. The Contractor is responsible for damage to surrounding surfaces, facilities or
person caused by its materials, equipment or workers.
C. The Contractor shall not store worn or defective parts on City premises at the end
of the workday, unless otherwise approved by the Operation Superintendent or
designee.
D. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance
with all applicable laws, rules and regulations as to ensure the highest level of
safety to the environment and public health.
1.6 Completion
A. Upon completion of each repair, the Contractor shall conduct careful inspection
with the department personnel and shall correct all defective work to the
satisfaction of the Contract Administrator
B. Remove all scrap, litter and debris resulting from operations specified herein and
leave work and the premises in clean and satisfactory conditions.
1.7 Contract Pricing
A. The Contractor shall perform services during Normal working hours 8:00 AM to 5:00
PM, Monday through Friday. Work cannot be performed on the weekends and
holidays without prior approval from the Contract Administrator.
B. All hourly rates include overhead, profit, travel, and all administrative costs. Trip
charges are not permitted under this Contract.
C. Parts, materials and equipment shall be provided to the City’s at allowable
contract mark up. Receipts are required for all materials and parts.
1.8 Recordkeeping
The Contractor shall establish and maintain a log delineating complete and
accurate records of all repairs, parts, supplies and materials for each location for the
term of the Contract. The Contractor shall update the logs after each service
defined in the Contract.
1.9 Invoicing
A. Once a month, the Contractor shall submit the invoice to the Contract
Administrator. Invoice must contain the following:
i.Purchase order number
ii.Description of work
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Revised 11.08.19
iii.Total hours worked, itemized by position and hourly rate outlined in the
Contract.
iv.Job order number/ Job ticket
v.Copies of all receipts for parts/materials/equipment
B. Approval for payment shall be authorized by the Contract Administrator.
1.10 Warranty
A. The Contractor shall warranty materials and workmanship against defects arising
from faulty material, faulty workmanship for a period of 12 months following the
final acceptance of the work and shall replace such defective materials or
workmanship without cost to the City.
B. If any equipment/material carry a manufacturer’s warranty for any period in
excess of 12 months, then the manufacturer’s warranty shall apply for that piece
of material/equipment. The Contractor shall replace such defective equipment
/materials, without cost to the City, within the manufacturer’s warranty period.
1.11 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
1.12 Work Locations
The Contractor shall perform general construction services to the following locations
including but not limited to:
BUILDING Address Zip Code
1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416
2 City Hall 1201 Leopard St, Corpus Christi, TX 78401
3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415
4 Police Department 321 John Sartain St, Corpus Christi, TX 78401
5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401
6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408
7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415
8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415
9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418
10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412
11 Greenwood Senior
Center 4040 Greenwood Dr, Corpus Christi, TX 78416
12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Revised 11.08.19
Page 22 of 24
13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410
14 Oveal Williams Senior
Center
1414 Martin Luther King Dr, Corpus
Christi, TX 78401
15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405
16 La Retama Central
Library 805 Comanche St, Corpus Christi, TX 78401
17 Garcia Public Library 5930 Brockhampton St, Corpus Christi,
TX 78414
18 Janeth Harte Public
Library 2629 Waldron Rd, Corpus Christi, TX 78418
19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410
20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416
21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411
22 Joe Garza Recreation
Center 3204 Highland Ave, Corpus Christi, TX 78405
23 Lindale Recreation
Center 3133 Swantner St, Corpus Christi, TX 78404
24 Oak Park Recreation
Center 842 Erwin Ave, Corpus Christi, TX 78408
25 Oso Recreation Center 1111 Bernice Dr, Corpus Christi, TX 78413
26 Solomon Coles Rec
Center 924 Winnebago St, Corpus Christi, TX 78401
27 Science and History
Museum 1900 N Chaparral St, Corpus Christi, TX 78401
28 Al Kruse Tennis Center 502 King St, Corpus Christi, TX 78401
29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404
30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404
31 Central Kitchen 4141 Old Brownsville Rd, Corpus Christi,
TX 78405
32 O N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410
33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415
34 Oso Wastewater
Treatment Plant (WWTP) 501 Nile, Corpus Christi, TX 78412
35 Greenwood Wastewater
treatment Plant 6541 Greenwood Dr, Corpus Christi, TX 78417
36 Broadway Wastewater
Treatment plant 1402 W Broadway, Corpus Christi, TX 78401
37
Laguna Madre
Wastewater Treatment
Plant
201 Jester St, Corpus Christi, TX 78418
38 White Cap Wastewater
Treatment plant 13409 White Cap St, Corpus Christi, TX 78418
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Revised 11.08.19
39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410
40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380
41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415
42 Unspecified Locations City wide
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
DEPARTMENT
BID FORM
RFB No. 3254
Overhead Door Repair Services
PAGE 1 OF 1
Date:
Authorized
Bidder: Signature:
1. Refer to “Instructions to Bidders” and Contract Terms and Conditions beforecompleting bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a.the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City’s Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c.Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description UNIT 3 -Yr.
Qty.
Unit Price Total Price
1 Technician
Normal Hours, Monday to
Friday (8:00 AM to 5:00 PM)
HRS 225 $ $
2 Technician
Afterhours, Weekends and
Holidays
HRS 75 $ $
Estimated
Spend
Markup (%) Est. spend +
Markup
3 Parts/Materials/Equipment $70,000 $
Total $
Note: The contract value is a predetermined amount established and published in the
RFB as this is a Job order contract.
10/6/2020
Hub City Overhead Door., Inc.
148.00 33,300.00
222.00 16,650.00
30%91,000.00
140,950.00
Attachment B- Bid Pricing/ScheduleDocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Page 1 of 3
ATTACHMENT C- INSURANCE REQUIREMENTS
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on all applicable policies.
Endorsements must be provided with 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’S COMPENSATION
Employer’s Liability
Statutory
$500,000/$500,000/$500,000
POLLUTION LIABILITY
$1,000,000 Per Occurrence
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Page 2 of 3
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers’ compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers’
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of the
policy expiration dates. All notices under this Exhibit shall be given to City at the
following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations, completed
operations, and activities of or on behalf of the named insured performed
under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown on
the policy;
• Workers' compensation and employers' liability policies will provide a waiver
of subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of
any, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written notice
for nonpayment of premium.
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Page 3 of 3
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor’s performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services – Services Performed Onsite – Pollution
04/26/2019 Risk Management – Legal Dept.
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Attachment C – Bond Requirements
Bonds will be required as outlined in the Scope of Work, Section 4:
subsection 4.3; Job Order (C)
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
Attachment D - Warranty Requirements
A. The Contractor shall warranty materials and workmanship against defects
arising from faulty material, faulty workmanship for a period of 12 months
following the final acceptance of the work and shall replace such
defective materials or workmanship without cost to the City.
B. If any equipment/material carry a manufacturer’s warranty for any period
in excess of 12 months, then the manufacturer’s warranty shall apply for
that piece of material/equipment. The Contractor shall replace such
defective equipment /materials, without cost to the City, within the
manufacturer’s warranty period.
DocuSign Envelope ID: 394E29A1-2455-4560-8CD8-AF1415E98FEB
DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM : Charles Mendoza, Director of Asset Management
Charlesm2@cctexas.com
(361) 826-1941
Josh Chronley, Interim Director of Contracts and Procurement
Joshc2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year service agreement with South Texas Metal Roofing, of
Corpus Christi, Texas, for an amount not to exceed $3,000,000.00 to perform on-call roof
repair services to City owned facilities, effective upon issuance of a notice to proceed,
with FY 2021 funding available through the Facility and Property Management funds.
SUMMARY:
This is a motion to approve a service agreement with South Texas Metal Roofing to
perform on-call roof repair services to City owned facilities. These services are necessary
to maintain roofs from further deterioration. The services will be provided on an as needed
basis. This is the first long-term contract for building maintenance services under the
direction of Asset Management.
BACKGROUND AND FINDINGS:
Asset Management is responsible for maintenance operations of 4 00 City owned
facilities. These facilities have outdated and failing roof systems that are outside the level
of expertise of our maintenance staff. Asset Management finds it essential to enact a
service agreement for professional roofing services with a company that employs
experienced roofers and engineers. Enlisting the services of a competent professional
roofing company grants our City’s maintenance department the ability to quickly and
Roof Repair Services for Asset Management
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
effectively address the numerous compromised roof systems currently afflicting city
owned assets.
At this time, Asset Management has identified over 30 buildings experiencing varying
degrees of water intrusion resulting from compromised roofing systems. This service
agreement will greatly assist the City’s Asset Management Department in preserving the
interior contents and structural components of these buildings. The objective is to address
the buildings with known faults in addition to any future roofing issues at other locations.
The overall goal is to protect and prevent against any unnecessary damage to city assets
as it relates to water infiltration, which can have a serious negative impact on daily
operations, building integrity, and have potential health implications.
The Contracts and Procurement Department conducted a competitive RFB process to
obtain bids for a contract. The City received four responsive, responsible bids, and one
non responsible bid. Staff is recommending the award to the lowest bidder South Texas
Metal Roofing. This is a Job Order Contract, and the contractor will provide services on
an as needed basis.
ALTERNATIVES:
The alternative is to perform the work in-house. However, Asset Management would have
to increase their staff, to include experienced roofers. These facilities have outdated and
failing roof systems that are outside the level of expertise of the department’s
maintenance staff.
FISCAL IMPACT:
The fiscal impact for Asset Management in FY 2021 is an amount not to exceed
$1,000,000.00. The City will only be charged if services are rendered at which time
appropriate funding sources will be identified. The remaining amount will be budgeted in
future years through the annual budget process. Specific funding details will be
determined as work requested by Task Order.
FUNDING DETAIL:
Funding will be allocated from appropriate fund sources as the various projects are
identified.
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three-year service agreement
with South Texas Metal Roofing as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 Modified Bitumen Normal
Hours, M-F: 8 to 5 Squares 400 450.00$ 180,000.00$ 725.00$ 290,000.00$ 588.00$ 235,200.00$
2 Asphalt Shingles Normal
Hours, M-F: 8 to 5 Squares 200 300.00$ 60,000.00$ 250.00$ 50,000.00$ 500.00$ 100,000.00$
3 Metal Roofing Normal
Hours, M-F: 8 to 5 Squares 200 425.00$ 85,000.00$ 725.00$ 145,000.00$ 835.00$ 167,000.00$
4 Wood Shake Normal
Hours, M-F: 8 to 5 Squares 100 865.00$ 86,500.00$ 725.00$ 72,500.00$ 744.00$ 74,400.00$
5 Windstorm Certification Per
Certification 80 400.00$ 32,000.00$ 110.00$ 8,800.00$ 1,000.00$ 80,000.00$
Time and Material Work
6
Labor to Install Flashing, Drip
edge, Counter, turn back edge,
diverter, Caulking
Linear Ft.2,000 10.00$ 20,000.00$ 11.00$ 22,000.00$ 16.00$ 32,000.00$
7 Labor to Install Seamless Gutters
and Downspout Linear Ft.2,000 8.00$ 16,000.00$ 13.00$ 26,000.00$ 35.00$ 70,000.00$
Estimated
Spend Markup (%)
Estimated
Spend+
Markup
Markup (%)
Estimated
Spend+
Markup
Markup (%)
Estimated
Spend+
Markup
5.00%10%10%
8 Parts/Materials $ 24,000 1,200.00$ 25,200.00$ 2,400.00$ 26,400.00$ 2,400.00$ 26,400.00$
9 Allowance for Permits $ 10,000 10,000.00$ 10,000.00$ 10,000.00$
Total 514,700.00$ 650,700.00$ 795,000.00$
GeoFill
Schertz, Texas
South Texas Metal Roofing
Corpus Christi, Texas
Advantage USAA
Spring Branch, Texas
City of Corpus Christi
Contracts and Procurement Department
Senior Buyer : Cynthia Perez
Bid Tabulation
RFB # 3295
Roof Repair Services for Asset Management (JOC)
ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price
1 Modified Bitumen Normal
Hours, M-F: 8 to 5 Squares 400 2,200.00$ 880,000.00$ -$
2 Asphalt Shingles Normal
Hours, M-F: 8 to 5 Squares 200 350.00$ 70,000.00$ -$
3 Metal Roofing Normal
Hours, M-F: 8 to 5 Squares 200 1,985.00$ 397,000.00$ -$
4 Wood Shake Normal
Hours, M-F: 8 to 5 Squares 100 850.00$ 85,000.00$ -$
5 Windstorm Certification Per
Certification 80 1,300.00$ 104,000.00$ -$
Time and Material Work
6
Labor to Install Flashing, Drip
edge, Counter, turn back edge,
diverter, Caulking
Linear Ft.2,000 4.80$ 9,600.00$ -$
7 Labor to Install Seamless Gutters
and Downspout Linear Ft.2,000 4.80$ 9,600.00$ -$
Estimated
Spend Markup (%)
Estimated
Spend+
Markup
Markup (%)
Estimated
Spend+
Markup
20.00%
8 Parts/Materials $ 24,000 4,800.00$ 28,800.00$ -$ 24,000.00$
9 Allowance for Permits $ 10,000 10,000.00$ 10,000.00$
Total 1,594,000.00$
Non
Responsive
Port Enterprises, Ltd
Corpus Christi, Texas
Weatherproofing
Technologies, Inc.
Beachwood, Ohio
JOC Standard Form Page 1 of 8
Approved as to Legal Form August 9, 2019
JOB ORDER CONTRACT
SERVICE AGREEMENT NO. 3295
Roof Repairs for Asset Management
THIS Roof Repairs for Asset Management Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
(“City”) and South Texas Metal Roofing, Inc. (“Contractor"), effective upon execution
by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Roof Repairs for Asset Managment in
response to Request for Bid/Proposal No. 3295 (“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 Roof Repairs for Asset Management (“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.Job Orders. This Agreement is a competitively awarded agreement as described
by Attachment A. The work is of an indefinite quantity and a recurring nature,
delivered on an on-call or as-needed basis, through individually priced Job
Orders. The Agreement may support a broad assortment of maintenance work.
Work will not begin on any Job Order until Contractor is briefed on the project and
the Job Order is issued in writing.
3. Term. This Agreement is for three years, 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-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.
4.Compensation and Payment. This Agreement is for an amount not to exceed
$3,000,000.00, subject to approved extensions and changes. Payment will be
made for Services completed and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
JOC Standard Form Page 2 of 8
Approved as to Legal Form August 9, 2019
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 ad dress with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
5. 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: Charles Mendoza
Department: Asset Management
Phone: (361) 826-1941
Email: Charlesm2@cctexas.com
6. 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) Contractor shall provide performance and payment bonds if required by law
based on the amount of the Job Order or if otherwise required by the City. At a
minimum, the Contractor will be required to provide a payment bond on all Job
Orders that exceed $50,000 and a performance bond on all Job Orders that
exceed $100,000.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
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Approved as to Legal Form August 9, 2019
7. 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.
8. Inspection and Acceptance. Contractor will notify the Contract Administrator
when work has been completed on a specific job order. 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.
9. 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. Contractor must provide all labor, services, equipment, materials, tools,
transportation, mobilization, insurance, subcontracts, bonds, supervision,
management, reports, incidentals and quality control necessary to complete all
services agreed to in a timely manner throughout the term of the Agreement.
(D) Contractor shall warrant that work performed conforms to the Job Order
requirements and is free of any defect in equipment, material or design furnished
or workmanship performed by the Contractor or any of its subcontractors or
suppliers at any tier. All work provided by the Contractor shall be warranted for a
minimum period of one year from the date of final acceptance of the Work.
Equipment warranties shall be as required under the Job Order.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
JOC Standard Form Page 4 of 8
Approved as to Legal Form August 9, 2019
10. 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.
11. 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.
12. 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.
13. 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, proposal or Job Order, 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.
14. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
15. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
16. 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.
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17. 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: Charles Mendoza
Title: Deputy Director of Asset Management
Address: 5352 Ayers St., Bldg. 3A, Corpus Christi, Texas 78415
Phone: (361) 826-1941
Fax: (361) 826-1989
IF TO CONTRACTOR:
South Texas Metal Roofing, Inc.
Attn: Sigifredo Montemayor
Title: Owner
Address: 2217 Flour Bluff Drive, Corpus Christi, Texas 78418
Phone: (361) 937-4600
Fax: N/A
18. 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.
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19. 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.
20. 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.
21. Engineering Work. If the scope of work under any Job Order requires the services
of an engineer or architect in accordance with Texas law, the City will provide the
specifications prepared by the engineer or architect prior to approval of the Job
Order.
22. 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.
23. 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.
24. 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;
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C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
25. 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.
26. 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.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_______________________________________________
Josh Chronley
Interim Assistant Director, Contracts and Procurement
Date: _________________________
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 3295
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
Sigifredo Montemayor
12/29/2020
Owner
Revised 09.04.20
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide roof repair and replacement services to the City owned
facilities at the locations listed in this Scope of Work on an as needed basis.
1.2 Scope of Work
A. The Contractor shall have enough responsible, trained personnel qualified to
provide the required services.
B. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools,
equipment, and transportation necessary to perform roofing repairs for all the
locations.
C. All work performed must be accomplished in a manner that meets all applicable
specification, trade standards and provisions, and federal, state and local codes
and regulations.
1.3 Repair and Replacement
A. The Contractor shall perform the following types of repairs/replacements
including but not limited to:
1.Cracks
2.Blisters
3.Drains
4.Vents
5.Metal flashing
6.Scuppers
7.Gutters
8.Jacks
9.Roof hatches
10. Sleepers
11. Flashing
12. Copings
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
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13. Downspouts
14. Dormers
15. Facio
16. Gravel stops
17. Parapet walls
18. Pitch pans/pocket
19. Expansion joints
B. The Contractor shall provide roof repair or replacement services to the following
types of roof systems – Modified Bitumen, Metal standing seam, Asphalt and
Wood Shake
C. The Contractor shall use mop down technique for modified bitumen roofing
repairs, 25-year grade material for asphalt shingle repairs and standing seam type
for metal roof repairs.
D. The Contractor is responsible for damage to surrounding surfaces, facilities, or
persons caused by its materials, equipment or workers.
E. The Contractor shall demolish, remove existing roof materials and dispose of all
waste materials.
F. The Contractor shall comply with the roofing standards and requirements
including but not limited to, locally adopted building codes, Texas Windstorm
Insurance requirements, OSHA Safety Regulations and permit requirements per
City of Corpus Christi Development Services Department.
G. The Contractor will be required to provide Windstorm certification where
required.
H. The Contractor will obtain a permit through Development Services when
applicable as required by Texas Windstorm Insurance guidelines.
I. The Contractor shall not be responsible for any decking repairs and the removal
of additional layers under this contract.
1.4 Job Order
A. Information for the services shall be provided to the Contractor through job order
or phone/email in an emergency followed up with a job order. The Contractor
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
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shall request the job order copy from the Contract Administrator, if City fails to
provide.
B. The Contractor shall submit a written repair estimate for approval to the Contract
Administrator utilizing pricing as outlined in the Contract. Repair estimate shall
include labor and parts/materials based on the information provided in the job
order or site visit. The written estimate shall provide within four business days of the
original request and shall include a detailed summary of work with project
schedule.
C. The Contractor shall provide a payment bond if the estimate of the job order
exceeds $50,000 and a performance bond if the estimate of the job order
exceeds $100,000.
D. If any work requested by job order is of the nature to require the supervision
and/or drawings of an engineer, the City will provide Contractor with the
stamped drawings and/or separately procure the supervising engineer.
E. If the estimate is accepted and work performed, the Contractor's invoice shall
not exceed the authorized amount of the job order unless preauthorized by the
Contract Administrator via a job order amendment prior to the work being
performed.
F. Emergency service calls are defined as an event which requires immediate
action to prevent a hazard to life, health, safety, and property. The Contractor
shall be on site within an agreeable time frame determined by the Contract
Administrator.
G. During emergency service call, the Contractor shall submit not to exceed cost
via phone and/or email to the Contract Administrator for approval. The
Contractor shall obtain approval before commencing the work.
H. The Contractor shall check in with the Contract Administrator at the location
upon arrival and check out after completion of work and a job order will be
issued.
I. Upon completion of job order, the Contractor's representative shall provide a job
ticket. The job ticket shall include, but not limited to - Company Name, Name of
Roofer/Helper, Date of Service, Detailed Description of the work performed, parts
used, job order number and to total time spent on job.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
Revised 09.04.20
1.5 Service Personnel
A. Any personnel assigned to this project shall meet all applicable certification
requirements of any regulatory agency having jurisdiction. The Contractor shall
ensure that all personnel are continuously trained to meet the latest industry
standards.
B. The Contractor shall ensure that all crews are fully and properly equipped to
perform services promptly and safely without delay. All personnel assigned to the
service agreement shall wear a uniform, including safety equipment and any
company issued photo identification. The Contractor's employees working on site
shall wear clothing with an identification logo bearing the name of the company
visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and
long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be
suitable for electrical work in accordance with NFPA 70E requirements.
C. If the service personnel do not perform as required, the City has the right to reject
the personnel and the Contractor is liable to deploy new personnel.
D. The Contractor shall conduct background checks for all personnel before they
are assigned to work under this agreement. The Contract Administrator may ask
for the background check report from the Contractor. The City reserves the right
to approve or refuse employees because of an unsatisfactory background
check. Background check will be done at the sole expense of the Contractor.
1.6 Work Site and Conditions
A. The Contractor shall safeguard the area while services are being performed. The
Contractor shall try to minimize an interference to the building occupants with
the day to day operations. The Contractor shall be responsible for assuring the
safety of its employees, City employees, and the public during performance of
all services under this agreement.
B. The Contractor is responsible for damage to surrounding surfaces, facilities, or
person caused by its materials, equipment or workers.
C. The Contractor is responsible for protecting the work from damage from any
source prior to final acceptance.
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1.7 Completion
A. Upon completion of each repair, the Contractor shall conduct careful inspection
with the department personnel and shall correct all defective work to the
satisfaction of Contract Administrator.
B. Remove all scrap, litter and debris resulting from operations specified herein, and
leave work and the premises in clean and satisfactory conditions.
C. The Contractor shall perform services during normal working hours 8:00am to
5:00pm, Monday through Friday. Work cannot be performed on the weekends
and holidays without prior approval from the Contract Administrator.
1.8 Contract Pricing
All turnkey contract pricing is inclusive of labor, materials, overhead, administrative,
equipment and profit. Windstorm certifications will be utilized as needed per the
project requirements. Time and material work for labor pricing is inclusive of labor,
overhead, travel, administrative, equipment and profit. Parts/materials will be
compensated at cost with receipts and allowable contract markup (%). Permits will
be reimbursed at cost.
1.9 Recordkeeping
The Contractor shall establish and maintain a log delineating complete and
accurate records of all repairs, parts, supplies, and materials for each location for
the term of the contract. The Contractor shall update the logs after each service
defined in the contract.
1.10 Invoicing
A. Each month, the Contractor shall submit the invoice for repair services to the
Contract Administrator. Invoice must contain the following:
1.Job order number
2.Description of work on Job order
3.Total hours billed, itemized by position and hourly rate
4.Job ticket
5.Copies of all receipts for parts/materials/equipment
B. Approval for payment shall be authorized by the Contract Administrator.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT DEPARTMENT
BID FORM
RFB No. 3295
Roof Repair Services for Asset Management (JOC)
PAGE 1 OF 1
Date:
Authorized
Bidder: Signature:
1. Refer to “Instructions to Bidders” and Contract Terms and Conditions beforecompleting bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a.the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City’s Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c.Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
e. The Contractor will provide turnkey pricing for line 1 to 4. The turnkey pricing is
inclusive of labor, materials, overhead, administrative, equipment and profit. Line
5 will be utilized as per project requirements. Line 6 and 7 is for labor pricing. Labor
pricing is inclusive of labor, overhead, travel, administrative, equipment and profit.
Line 8 is for parts/materials and the Contractor will provide Markup (%). Line 8 will
be utilized for the materials line 6 and 7. Line 9 will be utilized for permits.
Item Description UNIT QTY Unit
Price
Total Price
Turnkey Roofing (Labor, Equipment, Materials, Overhead, Administrative and
Profit
1 Modified Bitumen
Normal Hours, M-F: 8 to 5
Squares 400 $ $
2 Asphalt Shingles
Normal Hours, M-F: 8 to 5
Squares 200 $ $
10/20
SOUTH TEXAS METAL ROOFING
450.00 180,000.00
300.00 60,000.00
Attachment B - Bid/Pricing ScheduleDocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
3 Metal Roofing
Normal Hours, M-F: 8 to5
Squares 200 $ $
4 Wood Shake
Normal Hours, M-F: 8 to 5
Squares 100 $ $
5 Windstorm Certification Per
certification
80 $ $
Time and Material Work
6 Labor to Install Flashing,
Drip edge, Counter, turn
back edge, diverter,
Caulking
Linear ft 2000 $ $
7 Labor to Install Seamless
Gutters and Downspout
Linear ft 2000 $ $
Estimated
Spend
Markup (%) Estimated
Spend+ Markup
8 Parts/Materials $24,000 $
9 Allowance for Permits $10,000 $10,000
Total $
425.00 85,000.00
865.00 86,500.00
400.00 32,000.00
10.00 20,000.00
8.00 16,000.00
24,000.00
$23,975.00 $23,975.00
537,475.00
5%
$1,200.00
$514,700.00
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
Attachment D - 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
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
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.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
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.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
Attachment C – Bond Requirements
Bonds will be required as outlined in the Scope of Work, Section 4:
subsection 4.3; Job Order (C)
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ATTACHMENT D: WARRANTY REQUIREMENTS
A. The Contractor shall warrant materials and workmanship against defects arising
from faulty material, faulty workmanship for a period of one year following the final
acceptance of the work and shall replace such defective materials or workmanship
without cost to the City.
B. Where any material carries a manufacturer’s warranty for any period in excess of
one year, then the manufacturer’s warranty shall apply for that piece of material
The Contractor shall replace such defective materials, without cost to the City,
within the manufacturer’s warranty period.
DocuSign Envelope ID: FE951EEC-08AF-4AB0-8807-D64C85FE89BC
DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM: David S. Lehfeldt, Director Solid Waste Operations
DavidL3@cctexas.com
(361) 826-1966
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the lease-purchase of one Diamond Z horizontal grinder from Bane
Machinery, Inc., of Dallas, Texas in an amount of $983,781.64, for Solid Waste
Operations, effective upon issuance of letter of acceptance, with FY 2021 funding in the
amount of $32,793.00 available in the JC Elliott Collection Center Fund.
SUMMARY:
This motion will allow the City to lease-purchase one Diamond Z horizontal grinder,
through the BuyBoard Cooperative, for Solid Waste Operations in support of the approved
FY 2021 Compost Decision Package to add a new wood grinder. This equipment will be
used at the compost facility for brush grinding.
BACKGROUND AND FINDINGS:
The City of Corpus Christi generates approximately 300,000 cubic yards of brush
annually; 70,000 yds are delivered to the J.C. Elliot transfer station by customers and
231,500 yards are delivered to the Gulley Hurst landfill by city trucks. The brush delivered
to Gulley/Hurst is in fulfillment of a put or pay contract that we entered into in 2013,
annually costing us approximately $500,000. This contract has 3 years remaining. The
brush delivered to J.C. Elliot is ground into mulch once per year by our grinding contractor
(Austin Wood Recycling) for a fee of ~$86,000.
In addition, the city generates between 40,000 and 50,000 tons of wastewater sludge
each year that is hauled to the Cefe landfill for disposal. The push and pack fees next
year for disposal of this sludge will be over $485,000.
Lease-Purchase of One Diamond Z Horizontal Grinder for Solid Waste Operations
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
These two waste streams can be combined at a composting facility and used to create a
high-quality compost that then becomes an asset instead of a liability. Towards this end
we are proposing the construction of a compost facility on a portion of the 90 acres
adjacent to the transfer station. One of the major requirements of the proposed facility is
a grinder capable of processing approximately 300,000 cubic yards of brush each year.
Solid Waste checked references for the Diamond Z grinder. We discovered that there
are over 100 Diamond Z units operating in the State of Texas. The following table lists
some of the owners and the number of Diamond Z units they operate. The consensus of
these owners is that the Diamond Z is a great machine with good production, ease of
operation and great longevity.
Company # Units Company # Units
City of San Antonio 1 Eggemeyer Land Clearing 2
City of Plano 1 Southern Star Trucking 3
City of Austin 2 Alpine Materials 2
Austin Wood Recycling 27 Razer LLC 2
TFR Enterprises 7
ALTERNATIVES:
The alternative is not to lease-purchase this equipment. The City would continue to
dispose of the brush on an annual basis for the current disposal cost of approximately
$586,000.
FISCAL IMPACT:
The fiscal impact for Solid Waste Services in FY 2021 is $32,793.00. The remaining cost
will be budgeted in future years through the annual budget process.
Total Lease-Purchase Price: $935,451.00
Total estimated allowable interest for lease: $ 48,330.64
$983,781.64
FUNDING DETAIL:
Fund: 1020 JC Elliott Collection Center
Organization/Activity: 12504 JC Elliott Transfer Station
Mission Element: 033 Manage disposal, transfer station, landfills
Project # (CIP Only): N/A
Account: 530190 Lease-Purchase Payments
RECOMMENDATION:
Based on the needs of the City and the results of the analysis, the evaluation team of
Solid Waste Services is recommending the purchase of a Diamond Z grinder model
number DZH5500TKT.
LIST OF SUPPORTING DOCUMENTS: Price Sheet
City of Corpus Christi Price Sheet
Contracts and Procurement Department Horizontal Grinder for Solid Waste Operations
Senior Buyer: Cynthia Perez
BUYBOARD CONTRACT: #597-19
BANE MACHINERY, INC.
DALLAS, TEXAS
ITEM DESCRIPTION COST QUANTITY EXTENDED PRICE
1 HORIZONTAL GRINDER - DIAMOND Z (DZH5500TKT)$935,451.00 1 $935,451.00
TOTAL $935,451.00
DATE: January 12, 2021
TO: Peter Zanoni, City Manager
FROM: Richard Martínez, Director of Public Works/Street Operations
RichardM5@cctexas.com
(361) 826-3419
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing an Amendment to Service Agreement No. 2931 with 2Chainz Brush
Clearing, LLC, for a total amount not to exceed $165,992.00 for years two and three,
increasing the service agreement value to $1,215,968.00 for Mowing for Storm Water and
Street Rights-of-Way for Public Works, with funding available in FY 2021 Storm Water
Fund.
SUMMARY:
This motion authorizes an Amendment to an existing Service Agreement with 2Chainz
Brush Clearing, LLC. for mowing for street rights-of-ways, for a total amount not to exceed
$165,992.00 with funding available through the Storm Water Fund. These services are
necessary to maintain street rights-of-way clean, visible, secure, and presentable at all
times.
BACKGROUND AND FINDINGS:
The area that this contract will service is from Old Brownsville Road to FM 1889 . This
amendment is to increase the number of cycles to eight (8) cycles to twelve (12) cycle of
the previously awarded mowing contract for Street Rights-of-Way.
Street Right-of-Way cycles will run 30 days. If a cycle is finished before the days are up,
the Contractor will not start another cycle until the day after the completion of the previous
cycle. Contractor will notify the Contract Administrator upon completion of mowing for a
Amendment No. 1 for Mowing for Storm Water and Street Rights-of-Way
AGENDA MEMORANDUM
Action Item for the City Council Meeting January 12, 2021
cycle.
The notice to proceed was issued on June 1, 2020 for the first year of the three-year term.
Year two will begin on June 1, 2021 and year three will begin on June 1, 2022.
ALTERNATIVES:
An alternative would be to remain a eight (8) cycle for Street Rights-of Way.
FISCAL IMPACT:
The fiscal impact for the Public Works for fiscal year 2021 for this amendment is
$82,996.00 as the amount was previously approved. Remaining budget will be funded
through future budgeting process.
FUNDING DETAIL:
Fund: 4300 Storm Water
Organization/Activity: 32001 Storm Water Vegetation Management
Mission Element: 043 Drainage Infrastructure
Project # (CIP Only): N/A
Account: 530225 Mowing and Grounds Maintenance
RECOMMENDATION:
Staff recommends approval of this motion authorizing an amendment to Service
Agreement No. 2931 for mowing for storm water and Street Rights -of-Way with 2Chainz
Brush Clearing, LLC as presented.
LIST OF SUPPORTING DOCUMENTS:
Amendment
Service Agreement
Page 1 of 2
Amendment
City of Corpus Christi
Contracts and Procurement
Date: October 28, 2020
Service Agreement No.: 2931 – Mowing for Storm Water and Street Right of Ways
Reference: SA 2931 Amendment No. 1
Service Agreement Current Not to Exceed Value: $1,049,976
The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and 2Chainz Brushing
Clearing, LLC, hereinafter referred to as the Contractor, do hereby make and enter into this amendment
(the “Amendment”) which, together with the Service Agreement No. 2931 (the “Agreement”) and all
other duly executed amendments, constitutes the entire agreement between the City and the
Contractor.
I.
The Contractor defined in the preamble of the Agreement is hereby amended for correction
as follows:
1. From: 2Chainz Brushing Clearing, LLC
2. To: 2Chainz Brush Clearing, LLC
II.
Section 3. Compensation and Payment of the Agreement is amended, effective through the
end date as follows:
Increases the value of the Agreement by an amount not to exceed $165,992 for modifications
made to the Scope of Work, therefore the revised value of this Service Agreement is not to
exceed $1,215,968.
III.
Section 16. Notice of the Agreement is hereby amended to update the Contractors information
as follows:
IF TO CONTRACTOR:
2Chainz Brush Clearing, LLC
Attn: Joe Chaney
Title: Owner
Address: P.O. Box, Lolita, Texas 77971
Phone: 361-920-1383
IV.
Section 2., C of Attachment A: Scope of Work to the Agreement is hereby deleted in its entirety
and replaced with the following language to change the number of cycles for Street Right-of-
Way from 8 to 12 as follows:
DocuSign Envelope ID: 23D0F608-78FE-4421-BF43-FE2D493B779F
Page 2 of 2
APPROVED AS TO LEGAL FORM:
_______________________________
Assistant City Attorney Date
“C. Cycle Description:
• Street Right-of-Way – 12 Cycles / Year
• Storm Water Drainage – 4 Cycles / Year
Street Right-of-Way cycles will run 30 days and Storm Water Drainage cycles will run 90
days. If a cycle is finished before the days are up, the Contractor will not start another
cycle until the day after the completion of the previous cycle. There will be only 12 cycle
cuts for street right-of-way and 4 cycle cuts for ditch right-of-way in a contract year.
Contractor will notify the Contract Administrator upon completion of mowing for a cycle.”
V.
Attachment B: Bid/Pricing Schedule to the Agreement is hereby amended to change the
number of cycles for Street Right-of-Way from 8 to 12 effective November 1, 2020 as follows:
Item Description QTY Unit Unit Price Total Price
1 Mowing Street Right of Way-Year 1 *8 Cycles $20,749.00 $165,992.00
2 Mowing Street Right of Way-Year 2 12 Cycles $20,749.00 $248,988.00
3 Mowing Street Right of Way-Year 3 12 Cycles $20,749.00 $248,988.00
4 Mowing Storm Water Drainage-Year 1 4 Cycles $46,000.00 $184,000.00
5 Mowing Storm Water Drainage-Year 2 4 Cycles $46,000.00 $184,000.00
6 Mowing Storm Water Drainage-Year 3 4 Cycles $46,000.00 $184,000.00
Grand Total $1,215,968.00
*Services did not begin until October 1, 2020 for Street Right-of-Way, Year 1 at the
department’s request.
The Contractor and the City agree to and shall abide by all terms and conditions of the original
Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms
of this Amendment.
______________________ __________
Joe Chaney Date
Owner
2Chainz Brush Clearing, LLC
_______________________ _________
Kim Baker Date
Director of Contracts and Procurement
City of Corpus Christi, Texas
DocuSign Envelope ID: 23D0F608-78FE-4421-BF43-FE2D493B779F
11/6/2020
AGENDA MEMORANDUM
Action Item for the City Council Meeting of December 1, 2020
DATE: November 11, 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/Street Operations
richardm5@cctexas.com
(361) 826-3419
CAPTION:
Resolution authorizing the execution of an Advance Funding Agreement with the Texas
Department of Transportation for the 2018 Highway Safety Improvements Program that
include upgrading traffic signal components, existing traffic signals, safety lighting and
pedestrian improvements at multiple locations Citywide, with a City required funding
match of 10% in an amount of $120,000.00, with FY 2021 funding available from the Bond
2016 program.
SUMMARY:
This resolution authorizes the execution of an Advance Funding Agreement (AFA) with
the Texas Department of Transportation (TXDOT) for the 2018 Highway Safety
Improvements Program (HSIP) grant. The AFA requires the City match 10 percent of
project construction costs. Projects approved under this grant include upgrading traffic
signal components and existing traffic signals at multiple locations Citywide.
BACKGROUND AND FINDINGS:
The TXDOT HSIP provides grant funding for highway safety projects aimed to eliminate
or reduce the number of severe traffic collisions. HSIP funding provides for construction
costs with a 90/10 funding participation by State (TXDOT)/Local Governments (City of
Corpus Christi), respectively. The City is responsible for all other costs such as design,
right of way, permitting, and TXDOT administrative fees. The HSIP grant requires that the
construction project be advertised and awarded by TxDOT.
Advance Funding Agreement
2018 Highway Safety Improvement Program
In April 2020, the City received the TXDOT 2018 HSIP grant for three intersection projects
with a total estimated construction cost of $1,040,668.00. The estimated TxDOT
participation is $797,258.00 with a City match of $120,000.00. The scope of work is
described as upgrading traffic signal components and interconnection of existing traffic
signals at Horne Road from Ayers Street to S outh Port Avenue, Staples Street to Holly
Road and South Port Avenue to Tarlton Street. Safety lighting is proposed for Horne Road
from Ayers Street to South Port Avenue and pedestrian improvements is proposed from
South Port Avenue to Tarlton Street. Currently the projects are in final stages of design.
This item will authorize approval of the AFA with TXDOT for their federal match. Upon
approval of the AFA, the project will be advertised for bidding. Upon recommendation for
construction award, City staff will bring forth an agenda item to appropriate the Texas
Department of Transportation’s (TxDOT) 90% construction match.
ALTERNATIVES:
The alternative is not to execute the AFA with TXDOT and lose the grant.
FISCAL IMPACT:
The fiscal impact for FY 2021 is an amount of $120,000.00 with funding available from
the Bond 2016 program.
Funding Detail:
Fund: Street Bond 2016, Proposition A (Fund 3554)
Mission Elem: (ME 051)
Project No.: T17031 (Please reference project E17038 in the FY 2020-2021 Capital
Budget document)
Account: Construction (Account #550950)
Activity: T17031-01-3554-EXP
Amount: $120,000.00
RECOMMENDATION:
Staff recommends approval of the Resolution to enter into the Advance Funding
Agreement.
LIST OF SUPPORTING DOCUMENTS:
Draft CS_CSJ 091635222
AFA Partial Draft 0916-35-222-223-224
Location Map
Resolution
Resolution authorizing an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) for the 2018 Highway Safety
Improvement Program (HSIP) that includes upgrading traffic signal
components, existing traffic signals, safety lighting and pedestrian
improvements at multiple locations Citywide, with City’s required funding
match of 10% in the amount of $120,000, with FY2021 funding available from
Bond 2016 program.
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 Advance Funding Agreement
(AFA) for the 2018 Highway Safety Improvement Project with the Texas Department of Transportation
(TXDOT) and pay TXDOT the amount of $120,000 for reimbursement of direct state costs as the City’s
10% match under the AFA.
SECTION 2. The City Manager or designee is authorized to execute all related documents necessary
to administer said Advance Funding Agreement, including minor amendments thereto.
PASSED AND APPROVED on the ______ day of _________, 2021:
Paulette M. Guajardo _______________________
Roland Barrera _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Billy Lerma _______________________
John Martinez _______________________
Ben Molina _______________________
Mike Pusley _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
2018 Highway Safety Improvement ProjectPROJECT NUMBER: T17031
Location Map
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES
Site 1Site 2
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TARLTON
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STAPLESHOLLY
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WILLIAMS
WOOLDRIDGE
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Site 3
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125 EAST 11TH STREET, AUSTIN, TEXAS 78701-2483 | 512.463.8588 | WWW.TXDOT.GOV
OUR VALUES: People • Accountability • Trust • Honesty
OUR MISSION: Connecting You With Texas
An Equal Opportunity Employer
Date: April 3, 2020
C/O Mai-Theresa Bernal
ATT: Peter Zanoni
RE: CSJ: 0916-35-222,223,224 Advanced Funding Agreement(AFA)
Project: Signal Improvements @ various locations in Corpus Christi
Dear Mr. Zanoni,
Attached is the draft Advanced Funding Agreement for the above listed project. Once
you have reviewed it, email a resolution to robin.ramirez@txdot.gov. Due to our current
business operations, all contracts must be signed electronically. Once the resolution is
received the AFA will be sent to you via DocuSign. Please include the preferred email to
send the AFA for signature. If you have any questions you can call me or at 361-808-
2495
Sincerely,
Robin Ramirez
Special Projects Coordinator
Texas Department of Transportation
(361) 808-2233
robin.ramirez@txdot.gov
cc: Jason Alvarez, P.E., Sarah Munoz P.E., Gabriel Longoria P. E.
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 1 of 17
AFA LongGen Rev 07/17/2019
2STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For
Highway Safety Improvments Program Project
Off-System
THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through
the Texas Department of Transportation called the “State”, and the City of Corpus Christi, acting
by and through its duly authorized officials, called the “Local Government”. The State and Local
Government shall be collectively referred to as “the parties” hereinafter.
WITNESSETH
WHEREAS, federal law establishes federally funded programs for transportation improvements to
implement its public purposes, and
WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design,
construct and operate a system of highways in cooperation with local governments, and Section
222.052 authorizes the Texas Transportation Commission to accept contributions from political
subdivisions for development and construction of public roads and the state highway system within
the political subdivision, and
WHEREAS, federal and state laws require local governments to meet certain contract standards
relating to the management and administration of State and federal funds, and
WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that
describe federal, state, and local responsibilities for cost participation in highway improvement and
other transportation projects, and
WHEREAS, the Texas Transportation Commission passed Minute Order Number 115291 authorizing
the State to undertake and complete a highway improvement or other transportation project generally
described as Traffic Signal Improvements. The portion of the project work covered by this
Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and
WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement
by resolution, ordinance, or commissioners court order dated {Enter Date of Resolution}, which is
attached to and made a part of this Agreement as Attachment A, Resolution, Ordinance, or
Commissioners Court Order (Attachment A). A map showing the Project location appears in
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 2 of 17
AFA LongGen Rev 07/17/2019
Attachment B, Location Map Showing Project (Attachment B), which is attached to and made a part of
this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is
agreed as follows:
AGREEMENT
1.Responsible Parties:
For the Project covered by this Agreement, the parties shall be responsible for the following
work as stated in the article of the Agreement referenced in the table below:
1 Local Government Utilities Article 8
2. State Environmental Assessment and Mitigation Article 9
3. Local Government Architectural and Engineering Services Article 11
4. State Construction Responsibilities Article 12
5. Local Government Right of Way and Real Property Article 14
2.Period of the Agreement
This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until the Project is completed
or unless terminated as provided below.
3.Scope of Work
The scope of work is described as upgrading traffic signal components and interconnection of
existing traffic signals at multiple locations within the City of Corpus Christi. The limits for CSJ:
0916-35-222 is on Horne Road from Ayers Street to S. Port Ave., CSJ: 0916-35-223 is from
Staples Street to Holly Road and CSJ: 0916-35-224 is from S. Port Ave. to Tarlton Street. The
safety lighting is proposed for CSJ: 0916-35-222 and pedestrian improvements for CSJ: 0916-
35-224.
4.Project Sources and Uses of Funds
The total estimated cost of the Project is shown in Attachment C, Project Budget (Attachment
C) which is attached to and made a part of this Agreement.
A. If the Local Government will perform any work under this Agreement for which
reimbursement will be provided by or through the State, the Local Government must
complete training. If federal funds are being used, the training must be completed
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes
and receives a certificate for the course entitled “Local Government Project Procedures
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 3 of 17
AFA LongGen Rev 07/17/2019
B.
C.
D.
E.
F.
G.
H.
and Qualification for the Texas Department of Transportation” and retains qualification
in accordance with applicable TxDOT procedures. Upon request, the Local
Government shall provide the certificate of qualification to the State. The individual
who receives the training certificate may be an employee of the Local Government or
an employee of a firm that has been contracted by the Local Government to perform
oversight of the Project. The State in its discretion may deny reimbursement if the
Local Government has not continuously designated in writing a qualified individual to
work actively on or to directly oversee the Project.
The expected cash contributions from the federal government, the State, the Local
Government, or other parties are shown in Attachment C. The State will pay for only
those Project costs that have been approved by the Texas Transportation Commission.
For projects with federal funds, the State and the federal government will not reimburse
the Local Government for any work performed before the federal spending authority is
formally obligated to the Project by the Federal Highway Administration (FHWA). After
federal funds have been obligated, the State will send to the Local Government a copy
of the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
performed under its direction or control before the federal spending authority is formally
obligated.
Attachment C shows, by major cost categories, the cost estimates and the party
responsible for performing the work for each category. These categories may include
but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of
environmental assessment and remediation; (4) cost of preliminary engineering and
design; (5) cost of construction and construction management; and (6) any other local
project costs.
The State will be responsible for securing the federal and State share of the funding
required for the development and construction of the local Project. If the Local
Government is due funds for expenses incurred, these funds will be reimbursed to the
Local Government on a cost basis.
The Local Government will be responsible for all non-federal or non-State participation
costs associated with the Project, unless otherwise provided for in this Agreement or
approved otherwise in an amendment to this Agreement. For items of work subject to
specified percentage funding, the Local Government shall only in those instances be
responsible for all Project costs that are greater than the maximum State and federal
participation specified in Attachment C and for overruns in excess of the amount
specified in Attachment C to be paid by the Local Government.
The budget in Attachment C will clearly state all items subject to fixed price funding,
specified percentage funding, and the periodic payment schedule, when periodic
payments have been approved by the State.
When the Local Government bears the responsibility for paying cost overruns, the
Local Government shall make payment to the State within thirty (30) days from the
receipt of the State’s written notification of additional funds being due.
When fixed price funding is used, the Local Government is responsible for the fixed
price amount specified in Attachment C. Fixed prices are not subject to adjustment
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 4 of 17
AFA LongGen Rev 07/17/2019
I.
J.
K.
L.
M.
N.
O.
P.
Q.
unless (1) differing site conditions are encountered; (2) further definition of the Local
Government’s requested scope of work identifies greatly differing costs from those
estimated; (3) work requested by the Local Government is determined to be ineligible
for federal participation; or (4) the adjustment is mutually agreed to by the State and
the Local Government.
Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a
minimum, this amount shall equal the Local Government’s funding share for the
estimated cost of preliminary engineering performed or reviewed by the State for the
Project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State’s estimated
construction oversight and construction cost.
The State will not execute the contract for the construction of the Project until the
required funding has been made available by the Local Government in accordance
with this Agreement.
Whenever funds are paid by the Local Government to the State under this Agreement,
the Local Government shall remit a check or warrant made payable to the “Texas
Department of Transportation” or may use the State’s Automated Clearing House
(ACH) system for electronic transfer of funds in accordance with instructions provided
by TxDOT’s Finance Division. The funds shall be deposited and managed by the State
and may only be applied by the State to the Project.
The State will not pay interest on any funds provided by the Local Government.
If a waiver for the collection of indirect costs for a service project has been granted
under 43 TAC §15.56, the State will not charge the Local Government for the indirect
costs the State incurs on the Project, unless this Agreement is terminated at the
request of the Local Government prior to completion of the Project.
If the Local Government is an Economically Disadvantaged County (EDC) and if the
State has approved adjustments to the standard financing arrangement, this
Agreement reflects those adjustments.
Where the Local Government is authorized to perform services under this Agreement
and be reimbursed by the State, the Local Government is authorized to submit
requests for reimbursement by submitting the original of an itemized invoice, in a form
and containing all items required by the State, no more frequently than monthly and no
later than ninety (90) days after costs are incurred. If the Local Government submits
invoices more than ninety (90) days after the costs are incurred and if federal funding
is reduced as a result, the State shall have no responsibility to reimburse the Local
Government for those costs.
Upon completion of the Project, the State will perform a final accounting of the Project
costs for all items of work with specified percentage funding. Any funds due by the
Local Government, the State, or the federal government for these work items will be
promptly paid by the owing party.
The state auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under this Agreement or indirectly through a subcontract under
this Agreement. Acceptance of funds directly under this Agreement or indirectly
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 5 of 17
AFA LongGen Rev 07/17/2019
through a subcontract under this Agreement acts as acceptance of the authority of the
state auditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those funds. An entity that is the subject of an audit
or investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
R. Payment under this Agreement beyond the end of the current fiscal biennium is subject
to availability of appropriated funds. If funds are not appropriated, this Agreement shall
be terminated immediately with no liability to either party.
5.Termination of This Agreement
This Agreement shall remain in effect until the Project is completed and accepted by all
parties, unless:
A.The Agreement is terminated in writing with the mutual consent of the parties;
B.The Agreement is terminated by one party because of a breach, in which case any
C.
D.
E.
costs incurred because of the breach shall be paid by the breaching party;
The Local Government elects not to provide funding after the completion of preliminary
engineering, specifications, and estimates (PS&E) and the Project does not proceed
because of insufficient funds, in which case the Local Government agrees to reimburse
the State for its reasonable actual costs incurred during the Project; or
The Agreement is terminated by the State because the parties are not able to execute
a mutually agreeable amendment when the costs for Local Government requested
items increase significantly due to differing site conditions, determination that Local
government requested work is ineligible for federal or state cost participation, or a
more thorough definition of the Local Government’s proposed work scope identifies
greatly differing costs from those estimated. The State will reimburse Local
Government remaining funds to the Local Government within ninety (90) days of
termination; or The Project is inactive for thirty-six (36) consecutive months or longer
and no expenditures have been charged against federal funds, in which case the State
may in its discretion terminate this Agreement.
6.Amendments
Amendments to this Agreement due to changes in the character of the work, terms of the
Agreement, or responsibilities of the parties relating to the Project may be enacted through a
mutually agreed upon, written amendment.
7.Remedies
This Agreement shall not be considered as specifying the exclusive remedy for any agreement
default, but all remedies existing at law and in equity may be availed of by either party to this
Agreement and shall be cumulative.
8.Utilities
The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible
for the adjustment, removal, or relocation of utility facilities in accordance with applicable state
laws, regulations, rules, policies, and procedures, including any cost to the State of a delay
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 6 of 17
AFA LongGen Rev 07/17/2019
resulting from the Local Government’s failure to ensure that utility facilities are adjusted,
removed, or relocated before the scheduled beginning of construction. The Local Government
will not be reimbursed with federal or State funds for the cost of required utility work. The
Local Government must obtain advance approval for any variance from established
procedures. Before a construction contract is let, the Local Government shall provide, at the
State’s request, a certification stating that the Local Government has completed the
adjustment of all utilities that must be adjusted before construction is commenced.
9.Environmental Assessment and Mitigation
Development of a transportation project must comply with the National Environmental Policy
Act and the National Historic Preservation Act of 1966, which require environmental clearance
of federal-aid projects. The party named in Article 1, Responsible Parties, under
AGREEMENT is responsible for the following:
A.The identification and assessment of any environmental problems associated with the
B.
C.
D.
development of a local project governed by this Agreement.
The cost of any environmental problem’s mitigation and remediation.
Providing any public meetings or public hearings required for the environmental
assessment process. Public hearings will not be held prior to the approval of the
Project schematic.
The preparation of the NEPA documents required for the environmental clearance
of this Project.
If the Local Government is responsible for the environmental assessment and mitigation,
before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
10.Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all projects
subject to this Agreement are in compliance with standards issued or approved by the Texas
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
11.Architectural and Engineering Services
The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for
the performance of architectural and engineering services. The engineering plans shall be
developed in accordance with the applicable State’s Standard Specifications for Construction
and Maintenance of Highways, Streets and Bridges and the special specifications and special
provisions related to it. For projects on the State highway system, the design shall, at a
minimum conform to applicable State manuals. For projects not on the State highway system,
the design shall, at a minimum, conform to applicable American Association of State Highway
and Transportation Officials (AASHTO) design standards.
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 7 of 17
AFA LongGen Rev 07/17/2019
In procuring professional services, the parties to this Agreement must comply with federal
requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas
Government Code 2254, Subchapter A, in all cases. Professional contracts for federally
funded projects must conform to federal requirements, specifically including the provision for
participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental
matters. If the Local Government is the responsible party, the Local Government shall submit
its procurement selection process for prior approval by the State. All professional services
contracts must be reviewed and approved by the State prior to execution by the Local
Government.
12.Construction Responsibilities
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the
following:
A.Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and
award and administer the contract for construction of the Project. Administration of the
contract includes the responsibility for construction engineering and for issuance of any
change orders, supplemental agreements, amendments, or additional work orders that
may become necessary subsequent to the award of the construction contract. In order
B.
C.
D.
E.
F.
G.
to ensure federal funding eligibility, projects must be authorized by the State prior to
advertising for construction.
If the State is the responsible party, the State will use its approved contract letting and
award procedures to let and award the construction contract.
If the Local Government is the responsible party, the Local Government shall submit
its contract letting and award procedures to the State for review and approval prior to
letting.
If the Local Government is the responsible party, the State must concur with the low
bidder selection before the Local Government can enter into a contract with the
vendor. If the Local Government is the responsible party, the State must review and
approve change orders.
Upon completion of the Project, the party responsible for constructing the Project will
issue and sign a “Notification of Completion” acknowledging the Project’s construction
completion and submit certification(s) sealed by a professional engineer(s) licensed in
the State of Texas.
For federally funded contracts, the parties to this Agreement will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23
CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the
contract bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR 635, Subpart B.
13.Project Maintenance
The Local Government shall be responsible for maintenance of locally owned roads and
locally owned facilities after completion of the work. The State shall be responsible for
maintenance of the State highway system after completion of the work if the work was on the
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 8 of 17
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State highway system, unless otherwise provided for in existing maintenance agreements with
the Local Government.
14.Right of Way and Real Property
The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the
provision and acquisition of any needed right of way or real property.
The Local Government shall be responsible for the following:
A. Right of way and real property acquisition shall be the responsibility of the Local
B.
C.
D.
E.
F.
Government. Title to right of way and other related real property must be acceptable
to the State before funds may be expended for the improvement of the right of way or
real property.
If the Local Government is the owner of any part of the Project site under this
Agreement, the Local Government shall permit the State or its authorized
representative access to occupy the site to perform all activities required to execute
the work.
All parties to this Agreement will comply with and assume the costs for compliance
with all the requirements of Title II and Title III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et
seq., including those provisions relating to incidental expenses incurred by the
property owners in conveying the real property to the Local Government and benefits
applicable to the relocation of any displaced person as defined in 49 CFR Section
24.2(g). Documentation to support such compliance must be maintained and made
available to the State and its representatives for review and inspection.
The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local
Government to the real property required for development of the Project. The
evidence of title or rights shall be acceptable to the State, and be free and clear of all
encroachments. The Local Government shall secure and provide easements and any
needed rights of entry over any other land needed to develop the Project according to
the approved Project plans. The Local Government shall be responsible for securing
any additional real property required for completion of the Project.
In the event real property is donated to the Local Government after the date of the
State’s authorization, the Local Government will provide all documentation to the State
regarding fair market value of the acquired property. The State will review the Local
Government’s appraisal, determine the fair market value and credit that amount
towards the Local Government’s financial share. If donated property is to be used as a
funding match, it may not be provided by the Local Government. The State will not
reimburse the Local Government for any real property acquired before execution of
this Agreement and the obligation of federal spending authority.
The Local Government shall prepare real property maps, property descriptions, and
other data as needed to properly describe the real property and submit them to the
State for approval prior to the Local Government acquiring the real property. Tracings
of the maps shall be retained by the Local Government for a permanent record.
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 9 of 17
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G.
H.
I.
The Local Government agrees to make a determination of property values for each
real property parcel by methods acceptable to the State and to submit to the State a
tabulation of the values so determined, signed by the appropriate Local Government
representative. The tabulations shall list the parcel numbers, ownership, acreage and
recommended compensation. Compensation shall be shown in the component parts
of land acquired, itemization of improvements acquired, damages (if any) and the
amounts by which the total compensation will be reduced if the owner retains
improvements. This tabulation shall be accompanied by an explanation to support the
determined values, together with a copy of information or reports used in calculating all
determined values. Expenses incurred by the Local Government in performing this
work may be eligible for reimbursement after the Local Government has received
written authorization by the State to proceed with determination of real property values.
The State will review the data submitted and may base its reimbursement for parcel
acquisitions on these values.
Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80%) of the cost of the
real property purchased in accordance with the terms and provisions of this
Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%)
of the State’s predetermined value of each parcel, or the net cost of the parcel,
whichever is less. In addition, reimbursement will be made to the Local Government
for necessary payments to appraisers, expenses incurred in order to assure good title,
and costs associated with the relocation of displaced persons and personal property as
well as incidental expenses.
If the Project requires the use of real property to which the Local Government will not
hold title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this Agreement. The separate
agreement must establish that the Project will be dedicated for public use for a period
of not less than 10 (ten) years after completion. The separate agreement must define
the responsibilities of the parties as to the use of the real property and operation and
maintenance of the Project after completion. The separate agreement must be
approved by the State prior to its execution. A copy of the executed agreement shall
be provided to the State.
15.Insurance
If this Agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work, the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
16.Notices
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 10 of 17
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All notices to either party shall be delivered personally or sent by certified or U.S. mail,
postage prepaid, addressed to that party at the following address:
Local Government:
City of Corpus Christi
ATTN: City Manager
1201 Leopard Street
Corpus Christi, TX 78401
State:
Texas Department of Transportation
ATTN: Director of Contract Services
125 E. 11th Street
Austin, TX 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail,
unless otherwise provided by this Agreement. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in writing that
notices shall be delivered personally or by certified U.S. mail, and that request shall be carried
out by the other party.
17.Legal Construction
If one or more of the provisions contained in this Agreement shall for any reason be held
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provisions and this Agreement shall be construed as if it did not
contain the invalid, illegal, or unenforceable provision.
18.Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or
employee of the other party, and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and
agents.
19.Ownership of Documents
Upon completion or termination of this Agreement, all documents prepared by the State shall
remain the property of the State. All data and information prepared under this Agreement shall
be made available to the State without restriction or limitation on their further use. All
documents produced or approved or otherwise created by the Local Government shall be
transmitted to the State, in the format directed by the State, on a monthly basis or as required
by the State. The originals shall remain the property of the Local Government. .
20.Compliance with Laws
The parties to this Agreement shall comply with all federal, state, and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of any courts or administrative
bodies or tribunals in any manner affecting the performance of this Agreement. When
required, the Local Government shall furnish the State with satisfactory proof of this
compliance.
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 11 of 17
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21.Sole Agreement
This Agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements respecting the Agreement’s subject
matter.
22.Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the cost principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
23.Procurement and Property Management Standards
The parties to this Agreement shall adhere to the procurement and property management
standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management
Standards. The State must pre-approve the Local Government’s procurement procedures for
purchases to be eligible for state or federal funds.
24.Inspection of Books and Records
The parties to this Agreement shall maintain all books, documents, papers, accounting
records, and other documentation relating to costs incurred under this Agreement and shall
make such materials available to the State, the Local Government, and, if federally funded, the
FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for
review and inspection at its office during the Agreement period and for seven (7) years from
the date of final reimbursement by FHWA under this Agreement or until any impending
litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA
and their duly authorized representatives shall have access to all the governmental records
that are directly applicable to this Agreement for the purpose of making audits, examinations,
excerpts, and transcriptions.
25.Civil Rights Compliance
The parties to this Agreement are responsible for the following:
A.Compliance with Regulations: Both parties will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.
Department of Transportation (USDOT), the Federal Highway Administration (FHWA),
as they may be amended from time to time, which are herein incorporated by reference
and made part of this Agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by it
during the Agreement, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Local Government will not participate directly
or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the Agreement covers any activity, project, or program set
forth in Appendix B of 49 CFR Part 21.
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
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locations in Corpus Christi AFA Not Used For Research & Development
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C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
D.
E.
solicitations either by competitive bidding or negotiation made by the Local
Government for work to be performed under a subcontract, including procurement of
materials or leases of equipment, each potential subcontractor or supplier will be
notified by the Local Government of the Local Government’s obligations under this
Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds
of race, color, or national origin.
Information and Reports: The Local Government will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information,
and facilities as may be determined by the State or the FHWA to be pertinent to
ascertain compliance with such Acts, Regulations or directives. Where any information
required of the Local Government is in the exclusive possession of another who fails
or refuses to furnish this information, the Local Government will so certify to the State
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the
information.
Sanctions for Noncompliance: In the event of the Local Government's noncompliance
with the Nondiscrimination provisions of this Agreement, the State will impose such
contract sanctions as it or the FHWA may determine to be appropriate, including, but
not limited to:
1.withholding of payments to the Local Government under the Agreement until the
Local Government complies and/or
2.cancelling, terminating, or suspending of the Agreement, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of
paragraphs (A) through (F) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The Local Government will take such action with respect to
any subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided, that if the
Local Government becomes involved in, or is threatened with, litigation with a
subcontractor or supplier because of such direction, the Local Government may
request the State to enter into such litigation to protect the interests of the State. In
addition, the Local Government may request the United States to enter into such
litigation to protect the interests of the United States.
26.Pertinent Non-Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and successors
in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
A.Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-
hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of federal or federal-aid programs and projects).
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 13 of 17
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C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or
sex).
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the federal-aid recipients, subrecipients and contractors,
whether such programs or activities are federally funded or not).
Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38.
The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex). Executive
Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations.
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, the parties must take reasonable steps to ensure that LEP persons have
meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
Title IX of the Education Amendments of 1972, as amended, which prohibits the
parties from discriminating because of sex in education programs or activities (20
U.S.C. 1681 et seq.).
27.Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A.The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State’s federally approved DBE
program.
C. The Local Government shall incorporate into its contracts with subproviders an
appropriate DBE goal consistent with the State’s DBE guidelines and in consideration
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
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D.
E.
F.
of the local market, project size, and nature of the goods or services to be acquired.
The Local Government shall submit its proposed scope of services and quantity
estimates to the State to allow the State to establish a DBE goal for each Local
Government contract with a subprovider. The Local Government shall be responsible
for documenting its actions.
The Local Government shall follow all other parts of the State’s DBE program
referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the
Adoption of the Texas Department of Transportation’s Federally-Approved
Disadvantaged Business Enterprise by Entity, and attachments found at web address
http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf.
The Local Government shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any U.S. Department of Transportation
(DOT)-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26. The Local Government shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and
administration of DOT-assisted contracts. The State’s DBE program, as required by
49 CFR Part 26 and as approved by DOT, is incorporated by reference in this
Agreement. Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Agreement. Upon notification to the
Local Government of its failure to carry out its approved program, the State may
impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate
cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub-contractor) must include the following assurance:
The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the recipient deems
appropriate.
28.Debarment Certifications
If federal funds are used, the parties are prohibited from making any award at any tier to any
party that is debarred or suspended or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.”
By executing this Agreement, the Local Government certifies that it and its principals are not
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549 and further certifies that it will not
do business with any party, to include principals, that is currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549. The parties to this Agreement shall require any party to a subcontract
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
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or purchase order awarded under this Agreement to certify its eligibility to receive federal
funds and, when requested by the State, to furnish a copy of the certification.
If state funds are used, the parties are prohibited from making any award to any party that is
debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G,
Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G.
29.Lobbying Certification
If federal funds are used, in executing this Agreement, each signatory certifies to the best of
that signatory’s knowledge and belief, that:
A.No federal appropriated funds have been paid or will be paid by or on behalf of the
B.
C.
parties to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with federal contracts, grants, loans, or
cooperative agreements, the signatory for the Local Government shall complete and
submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
The parties shall require that the language of this certification shall be included in the
award documents for all sub-awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and all sub-recipients
shall certify and disclose accordingly. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
30.Federal Funding Accountability and Transparency Act Requirements
If federal funds are used, the following requirements apply:
A.Any recipient of funds under this Agreement agrees to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and implementing regulations
at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following
award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf.
B. The Local Government agrees that it shall:
1.Obtain and provide to the State a System for Award Management (SAM) number
(Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
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than $25,000 in federal funding. The SAM number may be obtained by visiting the
SAM website whose address is: https://www.sam.gov/portal/public/SAM/
2.Obtain and provide to the State a Data Universal Numbering System (DUNS)
number, a unique nine-character number that allows federal government to track
the distribution of federal money. The DUNS may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B)
on-line registration website http://fedgov.dnb.com/webform; and
3.Report the total compensation and names of its top five executives to the State if:
i.More than 80% of annual gross revenues are from the federal government, and
those revenues are greater than $25,000,000; and
ii.The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
31.Single Audit Report
If federal funds are used:
A.The parties shall comply with the single audit report requirements stipulated in 2 CFR
B.
C.
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.
If threshold expenditures of $750,000 or more are met during the fiscal year, the
Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701
or contact TxDOT’s Compliance Division by email at singleaudits@txdot.gov.
If expenditures are less than the threshold during the Local Government's fiscal year,
the Local Government must submit a statement to TxDOT's Compliance Division as
follows: "We did not meet the $______ expenditure threshold and therefore, are not
required to have a single audit performed for FY ______."
D. For each year the Project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above.
The required annual filing shall extend throughout the life of the Agreement, unless
otherwise amended or the Project has been formally closed out and no charges have
been incurred within the current fiscal year.
32.Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this Agreement
on behalf of the entity represented.
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 2 of 17
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Each party is signing this Agreement on the date stated under that party’s signature.
THE STATE OF TEXAS THE LOCAL GOVERNMENT
Signature Signature
Kenneth Stewart
Typed or Printed Name Typed or Printed Name
Director of Contract Services
Typed or Printed Title Typed or Printed Title
Date Date
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 1 of 1
AFA LongGen Attachment A
ATTACHMENT A
RESOLUTION, ORDINACE, OR COMMISSIONERS COURT ORDER
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 1 of 1
AFA LongGen Attachment B
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 2 of 1
AFA LongGen Attachment B
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 3 of 1
AFA LongGen Attachment B
ATTACHMENT B
LOCATION MAP SHOWING PROJECT
TxDOT:: Federal Highway Administration:
CSJ # 0916-35-222, 0916-35-223, 0916-
35-224 CFDA No. 20.205
District # CRP 16 CFDA Title Highway Planning and Construction
Code Chart 64 # 09800
Project Name Signal Improvments @ various
locations in Corpus Christi AFA Not Used For Research & Development
Page 1 of 1
AFA LongGen Attachment C
ATTACHMENT C
PROJECT BUDGET
Costs will be allocated based on applicable Federal funding until it reaches the
maximum obligated amount. The Local Government is responsible for 100% of the
engineering costs, direct state costs, and any overruns.
Description Total
Estimated
Cost
Federal
Participation
State
Participation
Local
Participation
Cost Cost Cost
Engineering
(by Local)
$75,000 $0 $0 $75,000
Construction
(by State)
CSJ: 0916-35-222
$275,530 $275,530 $0 $0
Construction
(by State)
CSJ: 0916-35-223
$0 $0 $0 $0 $157,109 $157,109 $0 $0
Construction
(by State)
CSJ: 0916-35-224
$364,619 $364,619 $0 $0
Subtotal $872,258 $797,258 $0 $75,000
Environmental
Direct State Costs
$9,600 $0 $0 $9,600
Right of Way Direct
State Costs
$9,600 $0 $0 $9,600
Engineering Direct
State Costs
$19,200 $0 $0 $19,200
Utility Direct State
Costs
$9,600 $0 $0 $9,600
Construction Direct
State Costs
$72,000 $0 $0 $72,000
Indirect State Costs $48,426 $0 $48,426 $0
TOTAL $1,040,684 $797,258 $48,426 $195,000
Initial payment by the Local Government to the State: $48,000
Payment by the Local Government to the State before construction: $72,000
Total payment by the Local Government to the State: $120,000
AGENDA MEMORANDUM
Action Item for the City Council Meeting of January 12, 2021
DATE: December 21, 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
Heather Hurlbert, Finance & Business Analysis
Heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Motion awarding a Master Services Agreement for Traffic Improvement Projects to include traffic
signalization and synchronization to Freese and Nichols, Corpus Christi, TX, for an initial amount
up to $250,000.00 per year and one renewal option to be administratively authorized for a total
amount not to exceed $500,000.00, with projects located Citywide, and funding available through
the 2018 Bond Program Fund.
SUMMARY:
This motion approves a Master Services Agreement (MSA) for the Traffic Improvements Projects
located Citywide. These projects will provide the City with specialized expertise on traffic analysis
and surveys, minor roadway improvements for enhanced traffic movements, traffic signalization
and synchronization, traffic control plans, and other issues related to traffic and street
configurations.
BACKGROUND AND FINDINGS:
Currently, Engineering Services does not have an MSA for projects related to traffic
improvements. This MSA will provide the City with specialized expertise on traffic analysis,
surveys, minor roadway improvements for enhanced traffic movements, traffic signalization and
synchronization, traffic control plans, and other issues related to traffic and street configurations.
The Consultant shall assist the City in a wide range of issues including, but not limited to, site
investigations, analysis with recommendations for developing project scopes, cost estimating,
design and constructability peer review, cost and schedule controls, design management, and
Master Services Agreement
Traffic Improvement Projects
other support services as required by the City. The Consultant should demonstrate experience
with traffic analysis, traffic surveys, signalization, right-of-way assessments of street and
intersection configurations with recommendations for minor traffic improvements (striping,
signage, minor pavement improvements, etc.), development of traffic control plans, traffic counts,
turning movement analysis, etc.
The MSA contract is for a base year plus one-year renewal option. Individual task orders will be
issued for project specific traffic improvement services not to exceed the amount of $250,000.
Task orders will be administratively executed.
PROJECT TIMELINE:
J F M A M J J A S O N D J F M A M J J A S O N D
2021 2022
Services
Project schedule reflects City Council award of services in January 2021 with anticipated
completion in December 2022.
COMPETITIVE SOLICITATION PROCESS
Freese and Nichols, Inc. was selected for the Traffic project in March 2020 under RFQ 2667.
Traffic Improvement Projects was one of eight Professional Engineering Services projects
announced under the Engineering Services Department Category of the RFQ. Seven firms
submitted for the Traffic Improvement projects. Freese and Nichols Inc., was the highest ranked
firm.
The selection committee consisted of representatives from Engineering Services. Firms were
ranked based on five factors: 1) firm’s experience and qualifications of firm; 2) experience and
qualifications of the project manager and key staff; 3) project approach and management plan; 4)
respondent capacity; and 5) respondent past performance.
Freese & Nichols, Inc. has more than 20 years working with the City of Corpus Christi for the
following projects: traffic improvement projects, development planning, TXDOT Highway safety
improvement projects, Feasibility Studies, Traffic Engineering Augmentation Staff, Ayers Street
from Alameda to Ocean, Southside & London Planning District, Downtown Road and
Streetscape Improvements, and Downtown Traffic Signal and Area Improvements.
ALTERNATIVES:
Not awarding this MSA will result in delays and increased cost for both design and construction.
An alternative to awarding the contract is to amend each project traffic improvement service and
delaying construction of the project.
FISCAL IMPACT:
The fiscal impact in FY 2021 is an amount of $250,000.00 with funding available from the 2018
Bond Program Fund. Specific funding details will be determined as work requested by Task Order.
FUNDING DETAIL:
Funding will be allocated from appropriate fund sources as the various projects are identified.
Bond Program funding will be used for these services, and the City will be required to pay only if
services are used.
RECOMMENDATION:
Staff recommends award of this MSA to Freese and Nichols Inc., in the amount not to exceed
$250,000 for the base contract amount and an administratively authorized renewal option amount
not to exceed $250,000 for a total contract amount not to exceed $500,000. The services are
planned to start in January 2021 with completion in December 2022.
LIST OF SUPPORTING DOCUMENTS:
Contract
37
37
181
77
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
TRAFFIC IMPROVEMENTS
PROJECTS
LOCATION MAP
NOT TO SCALE
CITYWIDE PROJECT
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
VICINITY MAP
NOT TO SCALE
CITYWIDE PROJECT
TRAFFIC IMPROVEMENTS
PROJECTS
Page 1 Rev. 20-5
SERVICE AGREEMENT NO. 3039
Project No. 20M0001 – Traffic Improvement Projects
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or designee and Freese and Nichols, Inc., 800 North Shoreline Boulevard, Suite 1600N
Corpus Christi, Texas 78401 (Consultant).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I PROJECT TASK ORDER ..................................................................................... 2
ARTICLE II COMPENSATION ................................................................................................. 3
ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4
ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4
ARTICLE V INDEMNIFICATION .............................................................................................. 4
ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5
ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5
ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6
ARTICLE IX OWNER REMEDIES ............................................................................................ 6
ARTICLE X CONSULTANT REMEDIES .................................................................................. 7
ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7
ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9
EXHIBITS
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ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the
terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be
designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been
properly executed by both City and Consultant. The general scope for these Task Orders is outlined in
Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed.
Task Orders shall become a supplemental agreement to this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of
Services shall include all associated services required for Consultant to provide such Services, pursuant
to this Agreement, and any and all Services which would normally be required by law or common due
diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will
perform the Services in accordance with the approved Scope of Services and with Consultant’s response
to the Request for Qualifications related to this project, which response is incorporated by reference into
this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services
related to assisting Engineering Services with professional engineering, architecture and construction
services related to execution of Capital Improvements Programs. All work will be subject to authorization
from City. A detailed Scope of Services and fee estimate will be developed for each task prior to
execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task
Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure
that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in
the approved Task Order. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant.
Consultant must provide City with a list of all subconsultants that includes the services performed by the
subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s
team that provides services under this Agreement must be agreed to by the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed
on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions
for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement.
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying
all utilities within the project area at the Quality Level specified in the Task Order. It is assumed
that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
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1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local
franchises, electric companies, communication companies, private pipeline companies and 3rd
party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed
$250,000.00.
2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with
a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total
compensation for all services outlined in each Task Order, and for all expenses incurred in performing
these services.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by
the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each
invoice will include the Consultant’s estimate of the proportion of the contracted services completed at
the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that
shows who worked on the Project, the number of hours that each individual worked, the applicable rates
from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt
monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt
Payment Act.
2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals
acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with
each payment request that clearly indicates how that individual’s time is allocated and the justification for
that allocation.
2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant
shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and
follow the procedures provided herein for the resolution of such dispute. In the event Consultant does
not initiate and follow the claims procedures provided in this Agreement in a timely manner and as
required by the terms thereof, any such claim shall be waived.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be
directed to suspend work pending receipt and appropriation of funds. The right to suspend work under
this provision does not relieve the City of its obligation to make payments in accordance with section 2.5
above for services provided up to the date of suspension.
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ARTICLE III – QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services
for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the project scope. Based on the
findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable
Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order
may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not
be compensated for having to resubmit documents.
ARTICLE IV – INSURANCE REQUIREMENTS
4.1 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.
4.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE V - 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 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.
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ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
6.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
6.3 The term of this Agreement shall be for a period of ONE year beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement has ONE renewal year.
6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Consultant will perform services and provide deliverables within a reasonable time.
ARTICLE VII - TERMINATION OF AGREEMENT
7.1 By Consultant:
7.1.1 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.
7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
7.2 By City:
7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
7.2.2 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.
7.3 Termination Procedure
7.3.1 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.
7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially
completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work
submitted in accordance with this Article.
7.3.3 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
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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.
7.3.4 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 VIII – RIGHT OF REVIEW AND AUDIT
8.1 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.
8.2 “Consultant’s records” include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. Examples include billings, books, general
ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes,
subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, federal and state tax filings for issue in questions and any and all other agreements, sources
of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any Agreement Documents.
8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during
City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee
access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former
employees, deemed necessary by City or its designee(s), to perform such audit, inspection or
examination. Consultant also agrees to provide adequate and appropriate work space necessary to City
or its designees to conduct such audits, inspections or examinations.
8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE IX – OWNER REMEDIES
9.1 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:
9.1.1 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;
9.1.2 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.
9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been defects, errors and omissions in the
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documents.
9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when
other remedies are not available or offered for design deficiencies discovered during and after Project
construction.
9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
9.4 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.
9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE X – CONSULTANT REMEDIES
10.1 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.
10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION
11.1 Filing of Claims
11.1.1 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.
11.1.2 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.
11.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
11.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent
to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
for remedy or (iii) request Alternative Dispute Resolution.
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11.1.5 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.
11.2 Alternative Dispute Resolution
11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
11.2.2 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.
11.2.3 Mediation
11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing
any lawsuit, request mediation of the dispute.
11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except upon
agreement of both parties.
11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to
the identity of the mediator or mediators within 30 calendar days of the request for mediation, all
conditions precedent in this Article shall be deemed to have occurred.
11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising
under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall
be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision
of this Agreement shall waive any immunity or defense. No provision of this Agreement is a
consent to suit.
11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both
Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this
Agreement.
11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out
of or connected to this Agreement, to proceed with a trial before the court, unless both parties
subsequently agree otherwise in writing.
11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s
governmental immunity from lawsuit, which immunity is expressly retained to the extent
it is not clearly and unambiguously waived by state law.
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ARTICLE XII – MISCELLANEOUS PROVISIONS
12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into
for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of
the termination of the partnership or joint venture, this contract will inure to the individual benefit of such
partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance
of receipt by the Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant
to or as a result of this Agreement, including contract documents (plans and specifications), drawings
and submittal data. Consultant may make a copy for its files. Any reuse, without specific written
verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure
to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be
signed and sealed by a professional engineer prior to re-use of modified plans.
12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license; and performed as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.
12.4 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.
12.5 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.
12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument signed
by both the City and Consultant.
12.7 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.
12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section
2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295
must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf_info_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.
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12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if
you need to file a Form CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were physically included herein.
12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly
or intentionally fails to comply with a requirement of that subchapter.
12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific
Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII
of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take
precedence and control to resolve said conflict.
12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC.
________________________________ ________________________________
Michael Rodriguez (Date) Ron Guzman, PE (Date)
Chief of Staff Principal/Vice President
800 N. Shoreline Boulevard, Suite 1600N
Corpus Christi, TX 78401
(361) 561-6520 Office
rg@freese.com
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date)
for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
DocuSign Envelope ID: CB729DA3-6929-4921-ABC0-A5C8B76D399D
12/14/2020
Master Services Agreement
EXHIBIT A
SCOPE OF SERVICES
This project provides the City with specialized expertise with traffic analysis and surveys,
minor roadway improvements for enhanced traffic movements, traffic signalization and synchronization, traffic control plans and other issues related to traffic and street
configurations. The Consultant shall assist the City in a wide range of issues including, but
not limited to, site investigations, analysis with recommendations for developing project scopes, cost estimating, design and constructability peer review, cost and schedule
controls, design management, and other support services as required by the City.
DocuSign Envelope ID: CB729DA3-6929-4921-ABC0-A5C8B76D399D
ATTACHMENT CO
Hourly Rate
Professional - 1 107
Professional - 2 130
Professional - 3 146
Professional - 4 169
Professional - 5 197
Professional - 6 225
Construction Manager - 1 85
Construction Manager - 2 111
Construction Manager - 3 131
Construction Manager - 4 164
CAD Technician/Designer - 1 91
CAD Technician/Designer - 2 117
CAD Technician/Designer - 3 145
Corporate Project Support - 1 87
Corporate Project Support - 2 105
Corporate Project Support - 3 139
Intern/ Coop 53
Senior Advisor 175
Rates for In-House Services and Equipment
Mileage Bulk Printing and Reproduction
Standard IRS Rates B&W Color
Small Format (per copy)$0.10 $0.25
Technology Charge Large Format (per sq. ft.)
$0.00 per hour Bond $0.25 $0.75
Glossy / Mylar $0.75 $1.25
Vinyl / Adhesive $1.50 $2.00
Mounting (per sq. ft.)$2.00
Binding (per binding)$0.25
OTHER DIRECT EXPENSES:
Rates will be effective through end of 2021
1022015
Position
Other direct expenses are reimbursed at actual cost times a multiplier of 1.05. They include outside printing and
reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For
other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work
required to be done by independent persons other than staff members, these services will be billed at a cost times a
multipler of 1.05. For Resident Representative services performed by non-FNI employees and CAD services performed In-
house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will
be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the
same or similar services.
COMPENSATION
Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of
Charges.
If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those
services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before
proceeding. Additional Services shall be computed based on the following Schedule of Charges.
EXHIBIT B
Page 1 of 1
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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 CPage 1 of 1DocuSign Envelope ID: CB729DA3-6929-4921-ABC0-A5C8B76D399D
1 Rev 01/20
EXHIBIT D
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
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
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
If claims made policy, retro date must
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be prior to inception of agreement,
have 3-year reporting period provisions
and identify any limitations regarding
who is insured.
1.3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, with the exception of professional liability, which may be
on a per claims made basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1.5 Consultant is required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City with the exception
of the professional liability/Errors & Omissions policy;
1.6.2 Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
1.6.3 Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
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applicable endorsements to City. City shall have the option to suspend Consultant's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
1.8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any, which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1.9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
DocuSign Envelope ID: CB729DA3-6929-4921-ABC0-A5C8B76D399D
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownershipinterest” 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 “ownershipinterest” 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 Christiwho worked on any matter related to the subject of this contract and has an “ownershipinterest” constituting 3% or more of the ownership in the above named “firm.”
Name Consultant
COMPANY NAME:
P. O. BOX:
STREET ADDRESS:
CITY: STATE: ZIP:
Freese and Nichols, Inc.
800 N. Shoreline Boulevard, Suite 1600N
Corpus Christi TX 78401
x
N/A N/A
N/A N/A
N/A N/A
N/A N/A
DocuSign Envelope ID: CB729DA3-6929-4921-ABC0-A5C8B76D399D
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 (Type or Print) Title:
Signature of Certifying Person Date:
DEFINITIONS
a. “Board member.” A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis, but not as an independent contractor.
d. “Firm.” Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non-profit organizations.
e. “Official.” The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi, Texas.
f. “Ownership Interest.” Legal or equitable interest, whether actually or constructively held,
in a firm, including when such interest is held through an agent, trust, estate, or holding
entity. “Constructively held” refers to holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Ron Guzman Vice President/Principal
December 3, 2020
DocuSign Envelope ID: CB729DA3-6929-4921-ABC0-A5C8B76D399D
AGENDA MEMORANDUM
Action Item for the City Council Meeting of January 12, 2021
DATE: December 21, 2020
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Heather Hurlbert, Directory of Finance & Business Analysis
Heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Motion awarding a Master Services Agreement for Geotechnical Testing and Construction
Materials Testing to Professional Service Industries, Inc., Rock Engineering and Testing
Laboratory, Inc., Terracon Consultants, Inc., and Arias & Associates Inc, all from Corpus Christi,
Texas, in an amount up to $750,000.00 each, with a one-year renewal option to be
administratively authorized for a total amount not to exceed $1,500,000.00 each, with projects
located Citywide, and FY 2021 funding available from the Utility Capital Program and Bond
Program.
SUMMARY:
This motion approves a Master Services Agreement (MSA) to perform as-needed Geotechnical
Testing and Construction Materials Testing. The MSAs will address geotechnical engineering and
construction materials testing needs for street, utility, airport, marina, facilities, and other projects.
BACKGROUND AND FINDINGS:
Currently, Engineering Services has two MSA’s with Professional Service Industries, Inc., and
Rock Engineering and Testing Laboratory, Inc., to provide geotechnical engineering and
construction materials testing services to the City. These contracts expire on July 30, 2021, but
these contracts have reached capacity on the contract limits and new contracts are required for
planned improvements for streets, utilities, airport, parks and recreation, fire and police, and other
City assets.
This item is for new MSAs for professional services with four geotechnical engineering firms
needed for continuing Capital Improvement Program and Bond initiatives. The following is a
Master Services Agreement
Geotechnical Testing and Construction Materials Testing
summary of the respective services:
Geotechnical investigations determine the geologic, seismologic, and soil conditions that
affect the safety, cost effectiveness, design, and execution of proposed engineering
projects. The investigations and analysis are critical to minimize the required foundations
and structural requirements and to avoid costly construction changes, post -construction
remedial work, and even failure of structure.
Construction material testing verifies the material characteristics and strengths for soils,
admixtures, lime stabilization, aggregates, geotextiles, select fill, paving materials
(concrete and asphalt), rebar and other materials incorporated into the various street and
utility projects. Material testing is critical to avoid premature failures of the utilities,
roadways, building foundations, etc.
The proposed MSAs are each for a one-year term with a one-year renewal option to be
administratively authorized. The four firms will support the approved Capital Improvement
Program, Bond, and Operations & Maintenance projects. Individual task orders will be negotiated
and approved administratively to meet the project requirements.
The projected fees were based on approximately 1% of the projected construction budgets for
planned CIP, Bond, and operational projects during the contract performance period. Actual fees
will be based on established contract rates and scope.
COMPETITIVE SOLICITATION PROCESS
Professional Service Industries, Inc., Rock Engineering and Testing Laboratory, Inc., Terracon
Consultants, Inc., and Arias & Associates Inc were selected for this service in November 2020
under RFQ 3178. Geotechnical Testing and Construction Materials Testing was the only project
announced under the RFQ. Nine firms submitted for the Geotechnical Testing and Construction
Materials Testing project and the top four were selected and contract rates were negotiated for
these on-call services. Professional Service Industries, Inc., Rock Engineering and Testing
Laboratory, Inc., Terracon Consultants, Inc., and Arias & Associates Inc were the four highest
ranked firms.
The selection committee consisted of representatives from Engineering Services. Firms were
ranked based on three factors: 1) firm’s experience, 2) team experience, and 3) understanding of
project scope.
Professional Services Industries, Inc., has the current Geotechnical Testing and Construction
Materials Testing contract and provided geotechnical and construction materials testing for many
City projects. Some of the projects are 2017 and 2018 Residential Street Rebuild Program,
Slough Road Reconstruction, Laguna Shores Road, Holly Road, LJ Elliot Landfill Site
Improvements, Bill Witt Park Parking Lot.
Rock Engineering and Testing Laboratory, Inc., has the current Geotechnical Testing and
Construction Materials Testing contract and provided geotechnical and construction materials
testing for many City projects. Some of the projects are South Staples Street Reconstruction,
Street Preventative Maintenance Program, Lipes Boulevard, Padre Island Water and Gas
Pipeline Extension Phase 3, Water Street Traffic Signal Improvements, Oso Wastewater
Treatment Plant Improvements.
Terracon Consultants, Inc., has provided geotechnical and construction materials testing for many
City projects and elsewhere in the Coastal Bend. Some of the projects are City Hall Lipan ADA
Ramp Replacement, Rincon Road Cutoff Road Improvements, Port of Corpus Christi Ship
Channel Dredging and Widening, Frost Bank Building, Magellan Corpus Christi Waterfront
Development, Nueces County Texas Parks & Wildlife.
Arias & Associates Inc has not worked with the City but has provided geotechnical and
construction materials testing for various projects located in Corpus Christi. Some of the projects
are TxDOT IH-37, Port of Corpus Christi Good Hope access Road, Port of Corpus Christ Nueces
River Rail Yard, Phase 2, Corpus Christi International Airport East GA Apron Reconstruction,
Windsor Park Elementary School, Port of Corpus Christ Oil Dock Construction.
ALTERNATIVES:
Not awarding this MSA will result in delays and increased cost for both design and construction.
An alternative to awarding the contract is to amend each project to include geotechnical and
construction materials testing services which may cause delays to the construction of the project.
FISCAL IMPACT:
The fiscal impact for the FY 2021 is an amount of $750,000.00 each for a one-year term to be
funded through the FY2021 Utility Capital Program and Bond Program Funds.
FUNDING DETAIL:
Funding will be available as projects are identified.
RECOMMENDATION:
Staff recommends approval of this motion to award this MSA to Professional Service Industries,
Inc., Rock Engineering and Testing Laboratory, Inc., Terracon Consultants, Inc., and Arias &
Associates Inc, in the amount of $750,000 each for a one-year contract and one renewal option
to be administratively authorized for a total contract amount not to exceed $1,500,000. The
services are planned to start in December 2020 with completion in December 2021.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Contracts
37
37
181
77
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
GEOTECHNICAL TESTING
AND
CONSTRUCTION MATERIALS TESTING
LOCATION MAP
NOT TO SCALE
CITYWIDE PROJECT
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
VICINITY MAP
NOT TO SCALE
CITYWIDE PROJECT
GEOTECHNICAL TESTING
AND
CONSTRUCTION MATERIALS TESTING
Page 1 Rev 20-6
SERVICE AGREEMENT NO. 3390
CITY OF CORPUS CHRISTI
MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and Arias & Associates Inc, an Texas Corporation, 142
Chula Vista Dr. San Antonio, Texas 78232(“Lab”).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I – PROJECT TASK ORDER ................................................................................................ 2
ARTICLE II – COMPENSATION ........................................................................................................... 2
ARTICLE III – INSURANCE REQUIREMENTS .................................................................................... 3
ARTICLE IV - INDEMNIFICATION ....................................................................................................... 3
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE ........................................... 4
ARTICLE VI - TERMINATION OF AGREEMENT ................................................................................. 4
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT .......................................... 4
ARTICLE VIII – MISCELLANEOUS PROVISIONS ............................................................................... 5
EXHIBIT A TERMS AND CONDITIONS
EXHIBIT B SCOPE OF WORK
EXHIBIT C RATE SCHEDULE
EXHIIBIT D SAMPLE INVOICE
EXHIBIT E DISCLOSURE OF INTEREST
Page 2 Rev 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and
conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order.
No Task Order shall be binding or enforceable unless and until it has been properly executed by both City
and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services
shall include all associated services required for Lab to provide such Services, pursuant to this Agreement,
and any and all Services which would normally be required by law or common due diligence in accordance
with the standard of care defined in Article VIII of this Agreement. Lab will perform the services in
accordance with the approved Scope of Services and with Lab’s response to the Request for Qualifications
related to this project, which response is incorporated by reference into this Agreement as if set out here in
its entirety.
1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master
Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to
authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior
to execution of work.
1.4 The general scope for these Task Orders is outlined in Exhibit B. More specific scope of work will be
issued for pricing when a task order is needed.
1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a
timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to
this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with
a list of all subcontractors/subconsultants that includes the services performed by the
subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant.
Changes in Lab’s team that provides services under this Agreement must be agreed to by the City in
writing.
1.6 Lab must not begin work on any Task Order authorized under this Agreement until they are briefed on the
scope of the Project and are issued the fully executed Task Order to proceed.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services performed under this Agreement shall not exceed $750,000.00.
2.2 The Lab’s fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a
negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred in
performing these services.
2.3 Lab shall price Task Orders in accordance with Exhibit C, Rate Schedule, subject to approval by the City.
2.3 All services shall be performed in accordance with the applicable standard of professional care set forth
herein and to City’s satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion.
City shall not be liable for any payment under this Agreement for services which are unsatisfactory and
which previously have not been approved by the Director.
Page 3 Rev 20-6
2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow
the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof,
any such claim shall be waived.
2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services.
Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer.
2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in
writing and identified by Lab as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to
suspend work pending receipt and appropriation of funds.
ARTICLE III – INSURANCE REQUIREMENTS
3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and
such insurance has been approved by the City. Lab must not allow any subcontractor or subconsultant to
commence work under this Agreement until all similar insurance required of any subcontractor or subconsultant
has been obtained.
3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement
which is attached hereto and incorporated herein as Exhibit A.
ARTICLE IV - INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,
agents, employees, or other entity, excluding the engineer or architect or that person’s agent,
employee or consultant, over which the City exercises control (“Indemnitee”) from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
costs, to the extent that the damage is caused by or results from an act of negligence, intentional
tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by
Lab or its agent, Lab under contract or another entity over which Lab 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.
Lab 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 Lab shall reimburse the City’s reasonable attorney’s fees in
proportion to the Lab’s liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known
to Lab related to or arising out of Lab’s activities under this Agreement.
Page 4 Rev 20-6
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
5.3 The initial term of this Agreement shall be for a period of one year beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to one-
year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration
date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved
changes.
5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Lab will perform services and provide deliverables within a reasonable time.
ARTICLE VI - TERMINATION OF AGREEMENT
6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven
days written notice to Lab at the address of record.
6.2 Lab will be compensated for authorized services completed up to the date of termination.
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT
7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Lab’s
records relating to the work and/or services provided 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. Lab agrees
to retain its records for a minimum of four (4) 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.
7.2 “Lab’s records” include any and all information, materials and data of every kind and character generated
as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost
ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports,
drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and
state tax filings for issue in questions and any and all other agreements, sources of information and matters
that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab’s records only during City’s
regular business hours. Lab agrees to allow City’s designee access to all of Lab’s records, Lab’s facilities
and Lab’s current or former employees, deemed necessary by City or its designee(s), to perform such
audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space
necessary to City or its designees to conduct such audits, inspections or examinations.
7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract.
Page 5 Rev 20-6
ARTICLE VIII – MISCELLANEOUS PROVISIONS
8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement
to any other person without the prior written consent of the City, except for routine duties delegated to
personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the
partnership, this contract will inure to the individual benefit of such partner or partners as the City may
designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent
of the City.
The City will not pay the fees of experts or technical assistance or other Labs unless such employment,
including the rate of compensation, has been approved in writing by the City.
8.2 Ownership of Documents. Lab agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to
or as a result of this Agreement, including contract documents (plans and specifications), drawings, test
results and submittal data. Lab may retain a copy for its files.
8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of
skill and care ordinarily provided by competent members of the profession practicing under the same or
similar circumstances and professional license.
8.4 Licensing. Lab 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.
8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement
between City and Lab 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 Lab.
8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
8.7 Certificate of Interested Parties. Lab 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.
8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need
to file a Form CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
8.9 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.
8.10 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.
8.11 Public Information. The requirements of Subchapter J Chapter 552 Texas Government Code may apply to
this Agreement, and the Lab agrees that the Agreement may be terminated if the Lab knowingly or
Page 6 Rev 20-6
intentionally fails to comply with a requirement of that subchapter.
8.12 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.
8.13 Title VI Assurance. Lab shall prohibit discrimination in employment based upon race, color, religion,
national origin, gender, disability or age.
8.14 Independent Contractor. The relationship between City and Lab under this Agreement shall be that of
independent contractor. City may explain to Lab the City’s goals and objectives in regard to the services to
be performed by Lab, but the City shall not direct Lab on how or in what manner these goals and objectives
are to be met.
8.15 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in
any documents prepared by Lab and included herein, is in conflict with the terms of this Agreement, which
incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take
precedence and control to resolve said conflict.
8.16 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.
ARIAS ASSOCIATES, INC.
________________________________
Jeremy Arias (Date)
Vice President
142 CHula Vista, Drive
San Antonio Texas, 78232
(830)757-8891
jarias@ariasinc.com
CITY OF CORPUS CHRISTI
________________________________
Michael Rodriguez (Date)
Chief of Staff
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date) for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
Master Services Agreement
EXHIBIT A
TERMS AND CONDITIONS TO GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or
professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance
with the basic requirements of the appropriate standards of the American Society for Testing and Materials,
where applicable and other standards designated in writing by the City Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed
indicating, where applicable, compliance with the Project specifications or other contract documents. Such
reports must be complete and factual, citing the tests performed, methods employed, values obtained and
parts of the structure of the Project area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request,
submit to the City Engineer or designee documentation of such calibration.
1.5 Secure representative samples of those materials that the City’s contractor proposes to use which require
testing, together with relevant data concerning such materials including the point of origin and supplier.
1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other
similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other
information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where
materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City’s representative with respect to Lab’s
services to be performed under this Agreement and which must be promptly notified by Lab when it
appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has
authority to transmit instructions, receive information and data and/or interpret and define the City’s policies
and decisions with respect to the Project. Lab acknowledges that certain City representatives may have
different types of authority concerning the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for
completion of the required services. Such advance notice will be in accordance with that established by
mutual agreement of the parties.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
Master Services Agreement
(a) Stop work at the appropriate times for Lab to perform contracted services;
(b)Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to
facilitate the specified inspection and tests;
(c)Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of
test specimens that must remain on the Project site prior to, during and up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate
any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are
vested in the Project architects, design engineers or any other design agencies or authorities.
3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project
specifications or other contract documents nor to approve or accept any portion of the work. Lab does not
have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to
stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered
by the Agreement.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab
also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques,
sequences or procedures of construction, and it is understood that the final services provided by Lab will
not relieve the Project contractor of its responsibilities for performing the work in accordance with the
Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean
periodic observation of the work and the conducting of tests by Lab as specified in the Agreement.
Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of
materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other
party.
4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will
retain the samples for a period of 60 days following the date of submission of any report related to the
sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous,
acutely toxic or radioactive samples and samples’ containers and residues to City. City agrees to accept
such samples and samples’ containers.
ARTICLE 5. INSURANCE REQUIREMENTS
5.1 Lab must not commence work under this agreement until all required insurance has been obtained and
such insurance has been approved by the City. Lab must not allow any subcontractor to commence work
until all similar insurance required of any subcontractor has been obtained.
5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage. The City must be listed as an additional insured on the General Liability and Auto
Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements
must be provided with COI. Project name and or number must be listed in Description Box of COI.
Master Services Agreement
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
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
$2,000,000 Aggregate
(Defense costs must be outside policy limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS’ COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer’s Liability
Statutory
$500,000 /$500,000 /$500,000
POLLUTION LIABILITY
Required if boring, sampling or excavating > 5
ft below grade
$1,000,000 Per Claim
5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all
reports of any accidents within 10 days of the accident.
5.4 Applicable for paid employees, Lab must obtain workers’ compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the T exas
Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient
to assure that all workers’ compensation obligations incurred by the Lab will be promptly met. An All States
Endorsement shall be required if Lab is not domiciled in the State of Texas.
Master Services Agreement
5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lab'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. Lab is required to provide City with renewal Certificates.
5.6 Lab 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. Lab 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
5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
(a) 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 and professional liability/Errors & Omissions policy;
(b)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;
(c)Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor
of the City; and
(d)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.
5.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to
suspend Lab'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.
5.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become
due to Lab hereunder until Lab demonstrates compliance with the requirements hereof.
5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor’s
performance of the work covered under this agreement.
5.11 It is agreed that Lab'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.
5.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Master Services Agreement
ARTICLE 6. CLAIMS
6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized
representative. The responsibility to substantiate a claim rests with the party making the claim.
6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
6.3 In case of litigation between the parties, Lab 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 under this
Agreement.
6.4 In case of litigation between the parties, Lab and City agree that they have knowingly waived and do hereby
waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently
agree otherwise in writing.
ARTICLE 7. SAFETY
City and Lab agree that, in accordance with the generally accepted construction practice, the Project’s general
contractor will be solely and completely responsible for working conditions on the Project, including safety of all
persons and property during the performance of the work and for compliance with all municipal, state and federal
laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any
review of, or responsibility for, the adequacy of the Project’s general contractor's safety measures in, on or near the
Project site.
Geotechnical Testing and Construction Material Testing – services that include specified
geological and geotechnical field operations, laboratory testing and engineering analysis for
various projects.
Geotechnical Engineering
The A/E shall perform geotechnical engineering services that include specified Geological
and Geotechnical Field Operation, Testing Program and Engineering Analysis for various
infrastructure construction projects identified in each task order.
Materials Engineering
The A/E shall perform and supervise all sampling, testing, inspection work, and related
services for various infrastructure construction projects identified in each task order.
Engineering Reports for Geotechnical and Materials Engineering
The A/E will submit a Report of Findings for each task order. Reports may contain but are not
limited to items such as:
•A description of the field exploration and laboratory tests
•maps of boring locations
•Boring logs
o Note (provide narrative of) the location of the bores relative to the street section
in the report. For example, was the bore in the middle of the center turn lane, in
the outer westbound lane, between the 2 eastbound lanes, approximately 1-ft
from the edge of the gutter in the eastbound lane, etcetera.
•A discussion of the engineering properties of the subsurface materials encountered
•Trench excavation design parameters
•OSHA soil type classification
•Pavement Section recommendations
o Include asphalt pavement options
o If a thick pavement section is recommended (including surface, base, &
subgrade), provide alternative options to reduce the thickness (i.e. multiple
geogrid layers, increased hotmix, etc.). Notify the City PM to discuss prior to
finalizing the report.
o Include narrative of benefits/risks of proposed components
o Recommendations for prolonging/protecting the pavement sections (i.e. not
driving on unprotected base, backfilling within 48-hrs to protect base).
•Design Parameterso30 Year Design Life
GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING
EXHIBIT B
SCOPE OF WORK
5233 IH‐37, Ste. B‐13, Corpus Christi, TX 78852
(830) 757‐8891
(830) 757‐8899
Austin | Corpus Christi | Dallas‐Fort Worth | Eagle Pass | San Antonio
December 2, 2020
City of Corpus Christi Texas
Contracts and Procurement Department
PO Box 9277
Corpus Christi, Texas 78469
Attn: Jennifer Rodriguez, Contracts/Funds Administrator
Arias appreciates the opportunity to provide services and unit rates. Arias is responsible for project
management, coordination, and communications of our geotechnical or construction materials testing services
that consist of project activities including, but not limited to:
Geotechnical Engineering
Investigation of existing subsurface conditions/materials
Determine and evaluate relevant physical and chemical properties
Assessing soil behavior of existing site conditions
Earthwork/Foundation design criteria
Provide design parameters for water and sewer pipeline installations
Pavement evaluation and design criteria
Bearing capacity, stability and settlement analyses for embankments, cut slopes and retaining walls
Forensic Studies
Materials Engineering and Testing, Verification Testing
Soil mixtures and density
Foundation/site preparation
Structural steel observation
Concrete strength testing and observation
Aggregate and asphalt testing and recommendations
Soil characterization (texture, chemical, biological)
Should you have any questions or comments please reach out to Spencer Higgs, P.E. at shiggs@ariasinc.com
or 210-499-6841. We look forward to providing services.
Sincerely,
Spencer A. Higgs, P.E.
Vice President
Labor Rates (per hour) Unit Per/Unit
Principal hour $195.00
Project Manager hour $143.00
Senior Project Engineer, P.E. hour $162.50
Project Engineer, P.E. hour $137.50
Professional Geologist hour $105.00
EIT hour $105.00
Senior Engineering Technician hour $70.00
CAD Technician/Draftsperson hour $70.00
Administrative Specialist hour $50.00
Field Exploration
Drill Rig Mobilization (Corpus Christi, TX - local) (each) each $350.00
Drill Rig Mobilization (Out of town) (per mile) mile $6.50
Drilling and Sampling, Standard Sampling (per foot) foot $18.00
Transport of CPT Crew/Equipment each $3,000.00
2-Man CPT Crew/Equipment day $3,500.00
Texas Cone Penetrometer (TCP) (each) each $42.00
Site Clearing - Backhoe and Operator (per day) day $2,250.00
Grouting - Drill Rig & Crew (per hour) hour $175.00
Grouting Materials & Technician Support (per foot) foot $8.00
Asphalt or Concrete Patch Borehole each $100.00
Stand-by Time (Drill Rig) (per hour) hour $225.00
Standpipe Piezometer Installation foot $25.00
Slug Test each $1,500.00
Traffic Control - Small Project (Signs, Cones, 1-Flagger) day $500.00
Traffic Control - Medium Project (Arrow Boards and Attenuator trucks-
(Includes labor, equipment and fuel))day $2,600.00
Traffic Control - Large Project (Arrow Boards, Attenuator trucks, Law
Enforcement Officers w/ Vehicle- (Includes labor, equipment and fuel))day $4,000.00
Laboratory Testing (fee per test)
Moisture Content each $10.00
Atterberg Limits each $75.00
-No. 200 Sieve each $45.00
TEX-110-E Determination of Particle Size Analysis of Soils - Part I each $75.00
TEX-110-E Determination of Particle Size Analysis of Soils - Part II -
Hydrometer Analysis each $100.00
Soil pH Test (TEX 128-E)each $50.00
Soil PI Test (TEX 112-E)each $85.00
Sulfate Test each $35.00
ASTM D – 1883 California Bearing Ratio each $475.00
Lime Series pH and PI each $550.00
Unconfined Compressive Strength-Soil each $65.00
Permeability - Laboratory each $300.00
Direct Shear, 3-points included each $550.00
CU Triaxial, 3-points included each $1,250.00
CU Triaxial, Multi-Stage each $850.00
Moisture Density Relationship each $250.00
Percent Swell each $100.00
Unit Dry Weight (From Tube Samples)each $20.00
Pin Hole Dispersion each $200.00
Crumb Test each $50.00
Determination of Chloride Content each $75.00
Sulfides Test each $50.00
Soil Organic Content Test each $50.00
UU Triaxial Compression each $100.00
One-Dimensional Consolidation Test (ASTM 2435)each $475.00
Laboratory Soil Resistivity each $75.00
Redox Potential Test each $65.00
Rates for other services quoted on request
Geotechnical Unit Rates
Labor Rates (per hour) Unit Per/Unit
Principal hour $195.00
Project Manager hour $143.00
Senior Project Engineer, P.E. hour $162.50
Project Engineer, P.E. hour $137.50
Professional Geologist hour $105.00
EIT hour $105.00
Senior Engineering Technician hour $70.00
Administrative Specialist hour $50.00
Field Services
Asphaltic Concrete Technician hour $65.00
Concrete Technician hour $52.50
Certified Welding Inspector hour $110.00
Drilled Pier Observations hour $65.00
Masonry Observation Technician hour $65.00
Reinforcing Steel Observation hour $65.00
Soils Observation Technician hour $52.50
Asphaltic Concrete Field Density Test (*minimum 4 per trip) each $18.00
Soil Field Density Test (Nuclear) (*minimum 4 per trip) each $18.00
Material Sample Pickup hour $52.50
Mileage (trips greater than 70 miles) mile $0.70
Trip Charge trip $50.00
Asphalt or Concrete Coring Equipment each $225.00
Laboratory Testing - Soil
Moisture Content each $10.00
Atterberg Limits Determination each $75.00
Percent Passing No. 200 Sieve each $45.00
Sieve Analysis each $75.00
Mositure Density Relationship each $250.00
Percent Swell Test each $100.00
Laboratory Testing - Masonry
CMU Strength Test set $275.00
Grout Cylinders each $22.00
Grout Prism Test each $28.00
Mortar Cubes each $25.00
Mortar Cylinders each $20.00
Laboratory Testing - Concrete and Aggregate
Absorbtion of Aggregate each $55.00
Aggregate Sieve Analysis each $75.00
Concrete Compression Test each $18.00
Concrete Compression of Field Core each $40.00
Flexural Strength Test each $32.50
Loose Unit Weight each $40.00
Relative Density each $360.00
Specific Gravity each $90.00
Laboratory Testing - Asphalt
Asphaltic Concrete Density of Field Core each $40.00
Asphalt Marshall/Hveem Stability Test each $90.00
Asphalt Extraction/Gradation each $175.00
Maximum Theoretical Density Test each $100.00
Molding/Density of Asphalt Test Specimens each $175.00
Marshall Method Mix Design each $2,250.00
Rates for other services quoted on request
Construction Materials Testing Unit Rates
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).EXAMPLEEXHIBIT D
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked 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 ConsultantN/A
Arias & Associates, Inc. DBA Arias Geoprofessionals
142 Chua Vista, Suite 100 San Antonio 78232
x
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Jeremy M Arias Vice President
12/01/2020
Page 1 Rev 20-6
SERVICE AGREEMENT NO. 3178
CITY OF CORPUS CHRISTI
MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and Intertek-PSI, a Texas Corporation, 810 South Padre
Island Drive, Corpus Christi, Texas 78416 (“Lab”).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I – PROJECT TASK ORDER ................................................................................................ 2
ARTICLE II – COMPENSATION ........................................................................................................... 2
ARTICLE III – INSURANCE REQUIREMENTS .................................................................................... 3
ARTICLE IV - INDEMNIFICATION ....................................................................................................... 3
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE ........................................... 4
ARTICLE VI - TERMINATION OF AGREEMENT ................................................................................. 4
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT .......................................... 4
ARTICLE VIII – MISCELLANEOUS PROVISIONS ............................................................................... 5
EXHIBIT A TERMS AND CONDITIONS
EXHIBIT B SCOPE OF WORK
EXHIBIT C RATE SCHEDULE
EXHIIBIT D SAMPLE INVOICE
EXHIBIT E DISCLOSURE OF INTEREST
Page 2 Rev 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and
conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order.
No Task Order shall be binding or enforceable unless and until it has been properly executed by both City
and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services
shall include all associated services required for Lab to provide such Services, pursuant to this Agreement,
and any and all Services which would normally be required by law or common due diligence in accordance
with the standard of care defined in Article VIII of this Agreement. Lab will perform the services in
accordance with the approved Scope of Services and with Lab’s response to the Request for Qualifications
related to this project, which response is incorporated by reference into this Agreement as if set out here in
its entirety.
1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master
Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to
authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior
to execution of work.
1.4 The general scope for these Task Orders is outlined in Exhibit B. More specific scope of work will be
issued for pricing when a task order is needed.
1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a
timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to
this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with
a list of all subcontractors/subconsultants that includes the services performed by the
subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant.
Changes in Lab’s team that provides services under this Agreement must be agreed to by the City in
writing.
1.6 Lab must not begin work on any Task Order authorized under this Agreement until they are briefed on the
scope of the Project and are issued the fully executed Task Order to proceed.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services performed under this Agreement shall not exceed $750,000.00.
2.2 The Lab’s fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a
negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred in
performing these services.
2.3 Lab shall price Task Orders in accordance with Exhibit C, Rate Schedule, subject to approval by the City.
2.3 All services shall be performed in accordance with the applicable standard of professional care set forth
herein and to City’s satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion.
City shall not be liable for any payment under this Agreement for services which are unsatisfactory and
which previously have not been approved by the Director.
Page 3 Rev 20-6
2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow
the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof,
any such claim shall be waived.
2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services.
Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer.
2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in
writing and identified by Lab as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to
suspend work pending receipt and appropriation of funds.
ARTICLE III – INSURANCE REQUIREMENTS
3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and
such insurance has been approved by the City. Lab must not allow any subcontractor or subconsultant to
commence work under this Agreement until all similar insurance required of any subcontractor or subconsultant
has been obtained.
3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement
which is attached hereto and incorporated herein as Exhibit A.
ARTICLE IV - INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,
agents, employees, or other entity, excluding the engineer or architect or that person’s agent,
employee or consultant, over which the City exercises control (“Indemnitee”) from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
costs, to the extent that the damage is caused by or results from an act of negligence, intentional
tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by
Lab or its agent, Lab under contract or another entity over which Lab 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.
Lab 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 Lab shall reimburse the City’s reasonable attorney’s fees in
proportion to the Lab’s liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known
to Lab related to or arising out of Lab’s activities under this Agreement.
Page 4 Rev 20-6
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
5.3 The initial term of this Agreement shall be for a period of one year beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to one-
year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration
date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved
changes.
5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Lab will perform services and provide deliverables within a reasonable time.
ARTICLE VI - TERMINATION OF AGREEMENT
6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven
days written notice to Lab at the address of record.
6.2 Lab will be compensated for authorized services completed up to the date of termination.
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT
7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Lab’s
records relating to the work and/or services provided 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. Lab agrees
to retain its records for a minimum of four (4) 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.
7.2 “Lab’s records” include any and all information, materials and data of every kind and character generated
as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost
ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports,
drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and
state tax filings for issue in questions and any and all other agreements, sources of information and matters
that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab’s records only during City’s
regular business hours. Lab agrees to allow City’s designee access to all of Lab’s records, Lab’s facilities
and Lab’s current or former employees, deemed necessary by City or its designee(s), to perform such
audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space
necessary to City or its designees to conduct such audits, inspections or examinations.
7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract.
Page 5 Rev 20-6
ARTICLE VIII – MISCELLANEOUS PROVISIONS
8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement
to any other person without the prior written consent of the City, except for routine duties delegated to
personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the
partnership, this contract will inure to the individual benefit of such partner or partners as the City may
designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent
of the City.
The City will not pay the fees of experts or technical assistance or other Labs unless such employment,
including the rate of compensation, has been approved in writing by the City.
8.2 Ownership of Documents. Lab agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to
or as a result of this Agreement, including contract documents (plans and specifications), drawings, test
results and submittal data. Lab may retain a copy for its files.
8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of
skill and care ordinarily provided by competent members of the profession practicing under the same or
similar circumstances and professional license.
8.4 Licensing. Lab 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.
8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement
between City and Lab 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 Lab.
8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
8.7 Certificate of Interested Parties. Lab 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.
8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need
to file a Form CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
8.9 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.
8.10 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.
8.11 Public Information. The requirements of Subchapter J Chapter 552 Texas Government Code may apply to
this Agreement, and the Lab agrees that the Agreement may be terminated if the Lab knowingly or
Page 6 Rev 20-6
intentionally fails to comply with a requirement of that subchapter.
8.12 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.
8.13 Title VI Assurance. Lab shall prohibit discrimination in employment based upon race, color, religion,
national origin, gender, disability or age.
8.14 Independent Contractor. The relationship between City and Lab under this Agreement shall be that of
independent contractor. City may explain to Lab the City’s goals and objectives in regard to the services to
be performed by Lab, but the City shall not direct Lab on how or in what manner these goals and objectives
are to be met.
8.15 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in
any documents prepared by Lab and included herein, is in conflict with the terms of this Agreement, which
incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take
precedence and control to resolve said conflict.
8.16 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.
INTERTEK-PSI
________________________________
Karl Crenweldge (Date)
Branch Manager
810 S. Padre Island Dr.
Corpus Christi, Texas 78416
(2210) 559-1451
karl.crenwelge@intertek.com
CITY OF CORPUS CHRISTI
________________________________
Michael Rodriguez (Date)
Chief of Staff
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date) for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
Master Services Agreement
EXHIBIT A
TERMS AND CONDITIONS TO GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or
professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance
with the basic requirements of the appropriate standards of the American Society for Testing and Materials,
where applicable and other standards designated in writing by the City Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed
indicating, where applicable, compliance with the Project specifications or other contract documents. Such
reports must be complete and factual, citing the tests performed, methods employed, values obtained and
parts of the structure of the Project area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request,
submit to the City Engineer or designee documentation of such calibration.
1.5 Secure representative samples of those materials that the City’s contractor proposes to use which require
testing, together with relevant data concerning such materials including the point of origin and supplier.
1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other
similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other
information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where
materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City’s representative with respect to Lab’s
services to be performed under this Agreement and which must be promptly notified by Lab when it
appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has
authority to transmit instructions, receive information and data and/or interpret and define the City’s policies
and decisions with respect to the Project. Lab acknowledges that certain City representatives may have
different types of authority concerning the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for
completion of the required services. Such advance notice will be in accordance with that established by
mutual agreement of the parties.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
Master Services Agreement
(a) Stop work at the appropriate times for Lab to perform contracted services;
(b)Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to
facilitate the specified inspection and tests;
(c)Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of
test specimens that must remain on the Project site prior to, during and up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate
any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are
vested in the Project architects, design engineers or any other design agencies or authorities.
3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project
specifications or other contract documents nor to approve or accept any portion of the work. Lab does not
have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to
stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered
by the Agreement.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab
also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques,
sequences or procedures of construction, and it is understood that the final services provided by Lab will
not relieve the Project contractor of its responsibilities for performing the work in accordance with the
Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean
periodic observation of the work and the conducting of tests by Lab as specified in the Agreement.
Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of
materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other
party.
4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will
retain the samples for a period of 60 days following the date of submission of any report related to the
sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous,
acutely toxic or radioactive samples and samples’ containers and residues to City. City agrees to accept
such samples and samples’ containers.
ARTICLE 5. INSURANCE REQUIREMENTS
5.1 Lab must not commence work under this agreement until all required insurance has been obtained and
such insurance has been approved by the City. Lab must not allow any subcontractor to commence work
until all similar insurance required of any subcontractor has been obtained.
5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage. The City must be listed as an additional insured on the General Liability and Auto
Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements
must be provided with COI. Project name and or number must be listed in Description Box of COI.
Master Services Agreement
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
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
$2,000,000 Aggregate
(Defense costs must be outside policy limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS’ COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer’s Liability
Statutory
$500,000 /$500,000 /$500,000
POLLUTION LIABILITY
Required if boring, sampling or excavating > 5
ft below grade
$1,000,000 Per Claim
5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all
reports of any accidents within 10 days of the accident.
5.4 Applicable for paid employees, Lab must obtain workers’ compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the T exas
Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient
to assure that all workers’ compensation obligations incurred by the Lab will be promptly met. An All States
Endorsement shall be required if Lab is not domiciled in the State of Texas.
Master Services Agreement
5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lab'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. Lab is required to provide City with renewal Certificates.
5.6 Lab 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. Lab 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
5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
(a) 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 and professional liability/Errors & Omissions policy;
(b)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;
(c)Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor
of the City; and
(d)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.
5.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to
suspend Lab'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.
5.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become
due to Lab hereunder until Lab demonstrates compliance with the requirements hereof.
5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor’s
performance of the work covered under this agreement.
5.11 It is agreed that Lab'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.
5.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Master Services Agreement
ARTICLE 6. CLAIMS
6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized
representative. The responsibility to substantiate a claim rests with the party making the claim.
6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
6.3 In case of litigation between the parties, Lab 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 under this
Agreement.
6.4 In case of litigation between the parties, Lab and City agree that they have knowingly waived and do hereby
waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently
agree otherwise in writing.
ARTICLE 7. SAFETY
City and Lab agree that, in accordance with the generally accepted construction practice, the Project’s general
contractor will be solely and completely responsible for working conditions on the Project, including safety of all
persons and property during the performance of the work and for compliance with all municipal, state and federal
laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any
review of, or responsibility for, the adequacy of the Project’s general contractor's safety measures in, on or near the
Project site.
Geotechnical Testing and Construction Material Testing – services that include specified
geological and geotechnical field operations, laboratory testing and engineering analysis for
various projects.
Geotechnical Engineering
The A/E shall perform geotechnical engineering services that include specified Geological
and Geotechnical Field Operation, Testing Program and Engineering Analysis for various
infrastructure construction projects identified in each task order.
Materials Engineering
The A/E shall perform and supervise all sampling, testing, inspection work, and related
services for various infrastructure construction projects identified in each task order.
Engineering Reports for Geotechnical and Materials Engineering
The A/E will submit a Report of Findings for each task order. Reports may contain but are not
limited to items such as:
•A description of the field exploration and laboratory tests
•maps of boring locations
•Boring logs
o Note (provide narrative of) the location of the bores relative to the street section
in the report. For example, was the bore in the middle of the center turn lane, in
the outer westbound lane, between the 2 eastbound lanes, approximately 1-ft
from the edge of the gutter in the eastbound lane, etcetera.
•A discussion of the engineering properties of the subsurface materials encountered
•Trench excavation design parameters
•OSHA soil type classification
•Pavement Section recommendations
o Include asphalt pavement options
o If a thick pavement section is recommended (including surface, base, &
subgrade), provide alternative options to reduce the thickness (i.e. multiple
geogrid layers, increased hotmix, etc.). Notify the City PM to discuss prior to
finalizing the report.
o Include narrative of benefits/risks of proposed components
o Recommendations for prolonging/protecting the pavement sections (i.e. not
driving on unprotected base, backfilling within 48-hrs to protect base).
•Design Parameterso30 Year Design Life
GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING
EXHIBIT B
SCOPE OF WORK
Professional Service Industries, Inc.
810 S. Padre Island Dr.
Corpus Christi, TX 78416
Office - 361.854.4801
October 9, 2020
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attn: Ms. Jennifer Rodriguez
Contracts/Funds Administrator
Re: Proposal for RFQ 3178 – Geotechnical Engineering and Construction Materials Testing
2020 City of Corpus Christi Master Service Agreement
Corpus Christi, Texas
PSI Proposal No.: 323981R
Dear Ms. Rodriguez:
Professional Service Industries, Inc. (PSI) would like to express our interest in the above referenced
Master Service Agreement, and is pleased to submit this proposal for performing the Geotechnical
and Construction Materials Testing and Observation Services under a Master Service Agreement
with the City of Corpus Christi for various city projects for 2020 per RFQ 3178.
PSI proposes to provide experienced, technical personnel to perform geotechnical services and
construction materials and testing services as scheduled by your representative and in general
accordance with project specifications. PSI has the technical capabilities, personnel and equipment
resources, and local expertise to provide you with these geotechnical and materials testing and
observation services. PSI has licensed, registered, and certified professionals, and offers the comfort
of using one of America’s largest and respected engineering companies.
This MSA is intended to meet the ongoing testing needs of approved Capital Improvement program
(CIP), Bond Programs, and Operational & Maintenance (O&M) Projects for streets, utilities, airport,
marina and facilities.
SCOPE OF SERVICES
We understand that these services include specified geological and geotechnical field operations,
laboratory testing and engineering analysis for various projects.
For Geotechnical Engineering projects, our Lab/Engineer will perform geotechnical engineering
services that include the specified Geological and Geotechnical Field Operations, Testing Program
and Engineering Analysis for various infrastructure construction projects identified in each Task
Order.
Proposal for RFQ 3178 – Geotechnical Engineering and
Materials Testing
October 9, 2020
PSI Proposal No. 323981 Page 2 of 9
For Materials Engineering projects, our Lab/Engineer will perform and supervise all sampling,
testing, inspection work and related services for various infrastructure construction projects
identified in each Task Order.
For the Engineering Reports for Geotechnical and Materials Engineering, the Lab/Engineer will
submit a Report of Findings for each Task Order. Our reports may contain but are not limited to
items such as:
Description of the field exploration and laboratory tests
Maps of boring locations
Boring logs
Note (provide narrative of) the location of the bores relative to the street section in
the report. For example, was the bore in the middle of the center turn lane, in the
outer westbound lane, between the 2 eastbound lanes, approximately 1-ft from the
edge of the gutter in the eastbound lane, etc.
Discussion of the engineering properties of the subsurface materials encountered
Trench excavation design parameters
OSHA soil type classification
Pavement Section recommendations
•Include asphalt pavement options
•If a thick pavement section is recommended (including surface, base, &
subgrade), provide alternative options to reduce the thickness (i.e.
multiple geogrid layers, increased hotmix, etc.). Notify the City PM to
discuss prior to finalizing the report.
•Include narrative of benefits/risks of proposed components
•Recommendations for prolonging/protecting the pavement sections (i.e.
not driving on unprotected base, backfilling within 48-hrs to protect base,
etc.).
•Design Parameters
•30 Year Design Life
FEE
PSI proposes to perform the geotechnical and construction materials and testing services based
upon the attached schedule of services and fees. PSI's fees will be determined by the actual amount
of technical time and materials expended on the proposed various projects and the amount of
laboratory testing performed. We understand that our fee for each Task Order will be on a quantity
and unit price basis. Our unit rates for the Geotechnical Engineering and Construction Materials
Testing are attached as Appendix A to this proposal.
Proposal for RFQ 3178 – Geotechnical Engineering and
Materials Testing
October 9, 2020
PSI Proposal No. 323981 Page 3 of 9
We understand PSI’s total fees for the various city projects for 2020 under the Master Service
Agreement are not to exceed $750,000.00 with one renewal year. We will commence work upon
receipt of a fully executed copy of the Master Service Agreement with the City of Corpus Christi.
CLOSING
We at PSI appreciate the opportunity to offer professional services for this project and look forward
to being part of the design team. If there are any questions, please feel free to contact us at your
convenience.
Respectfully submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
Texas Board of Professional Engineers Certificate of Registration # F003307
Karl G. Crenwelge, P.E. Felix Ovalle
Branch Manager Project Manager
Construction Services
Dexter Bacon, P.E. Philip L. Johnson, P.E.
Chief Engineer Geotechnical Department Manager
Attachments: Appendix A – 2020 Schedule of Services and Fees for Construction Materials
Testing and 2020 Standard Schedule of Geotechnical Fees
City of Corpus Christi 2020 MSA October 9, 2020
Page 1 of 5
SCHEDULE OF SERVICES AND FEES
Building & Construction Services – Corpus Christi, TX Effective October 9th, 2020
SOILS
Laboratory testing of soils in accordance with ASTM or AASHTO procedures and project specifications.
Moisture/Density Relationship of Soil (Proctor Test):
a. ASTM D-698/ASTM D-1557 (Standard/Modified) ....................................... Each $ 170.00
b. TxDOT TEX-113-E ........................................................................................ Each $ 180.00
Atterberg Limits Determination (PI) .......................................................................... Each $ 65.00
Material Finer Than #200 Sieve (Wash/Dry) ........................................................... Each $ 90.00
Soil Classification ...................................................................................................... Each $ 10.00
Sample Preparation for Laboratory Samples .......................................................... Each $ 50.00
Soil Sulfate ................................................................................................................. Each $ 100.00
Field Gradation .......................................................................................................... Each $ 65.00
Rush Fee ................................................................................................ Each $ 150.00
Laboratory Lime Series ............................................................................................. Each $ 385.00
BASE COURSE
Laboratory testing of soils in accordance with ASTM or AASHTO procedures and project specifications.
Moisture/Density Relationship of Base Coarse Material (Proctor Test):
a. ASTM D-698/ASTM D-1557 (Standard/Modified) ....................................... Each $ 185.00
b. TxDOT TEX-113-E ........................................................................................ Each $ 185.00
Atterberg Limits Determination (PI)/Linear Bar Shrinkage ..................................... Each $ 65.00
Material Finer Than #200 Sieve (Wash/Dry) ........................................................... Each $ 90.00
Sample Preparation for Laboratory Samples .......................................................... Each $ 50.00
California Bearing Ratio (CBR) ................................................................................. Each $ 300.00
Triaxial Test ............................................................................................................... Each $ 800.00
Wet Ball Mill ............................................................................................................... Each $ 300.00
Los Angeles Abrasion (LA Abrasion) ....................................................................... Each $ 350.00
Depth Checks (Base Course Thickness) ................................................................. Each $ 25.00
Rush Fee ................................................................................................................... Each $ 150.00
CONCRETE and AGGREGATES
Laboratory testing of concrete cylinders in accordance with ASTM procedures and project specifications.
Concrete Cylinders (Cured and/or Tested in Compression) (4 x 8) ....................... Each $ 15.00
Concrete Cylinders (Cured and/or Tested in Compression) (6 x 12) ..................... Each $ 19.00
Concrete Cylinder Compression (Non-PSI) ............................................................. Each $ 35.00
Laboratory Thickness Determination of Concrete Cores ........................................ Each $ 25.00
Sieve Analysis of Course and Fine Aggregates ...................................................... Each $ 60.00
City of Corpus Christi 2020 MSA October 9, 2020
Page 2 of 5
FIELD TESTING AND OBSERVATION SERVICES
Engineering Technician (Min. 4 Hours)
(Perform field density testing, field testing of concrete, slump, air content,
temperature, unit weight, cast concrete cylinders, concrete coring, and
masonry testing) ................................................................................................. Per Hour $ 42.00
Senior Level Engineering Technician (Min. 4 hours)
(Observation of drilled piers and foundations, reinforcing steel, post-tension
stressing, floor flatness, hot mix asphalt and proof rolling observation) .......... Per Hour $ 48.00
Structural Steel Technician (Min. 4 hours)
(CWI to perform visual weld observations, bolting inspection, shear stud
verification, NDE of welds, and fabrication shop observations) ....................... Per Hour $ 95.00
ASPHALT
Laboratory testing of asphaltic samples in accordance with ASTM procedures and project specifications
Extraction and Gradation .......................................................................................... Each $ 200.00
Lab Molded Specimens (Set of 3 per Test) ............................................................. Each $ 175.00
Maximum Theoretical Specific Gravity (Rice Method) ............................................ Each $ 95.00
Asphalt Coring (2”,4”, and 6” Diameter) w/core hole patching................................ Per Core $ 60.00
Thickness Determination of Asphalt Cores .............................................................. Each $ 15.00
Density Determination of Asphalt Cores (bulk density) ........................................... Each $ 35.00
MASONRY
Laboratory testing of masonry samples in accordance with ASTM procedures and project specifications
Grout Prisms (Cured and/or Tested in Compression) ............................................. Each $ 20.00
Mortar Cubes (Cured and/or Tested in Compression) ............................................ Each $ 18.00
Compression Strength of Concrete Masonry Units ................................................. Each $ 50.00
Compression Strength of Concrete Masonry Prisms .............................................. Each $ 95.00
MANAGEMENT/TECHNICAL SERVICES
Report Review ........................................................................................................... Each $ 30.00
Laboratory Manager .................................................................................................. Per Hour $ 45.00
Project Manager (contract administration, scheduling/supervision of personnel) ...................... Per Hour $ 98.00
Professional Engineer (Site visits, consultation, special reports) ......................................... Per Hour $ 170.00
Administration/Clerical .............................................................................................. Per Hour $ 35.00
Final Special Inspections Letter ................................................................................ Per Report $ 250.00
EQUIPMENT
Daily Equipment Charge Concrete ........................................................................... Per Trip $ 65.00
Daily Nuclear Density Gauge ................................................................................... Per Trip $ 65.00
Generator and Core Rig ............................................................................................ Per Day $ 250.00
Vehicle Charge Minimum .......................................................................................... Per Trip $ 50.00
Sample Pickup/Cylinder Pickup: Tech/Trip/Report (Within City Limits) ................ Per Trip $ 150.00
City of Corpus Christi 2020 MSA, Corpus Christi, TX October 9, 2020
Page 3 of 5
2020 STANDARD SCHEDULE OF GEOTECHNICAL FEES
Mobilization and Demobilization
Truck Rig Mobilization (Corpus Christi Area) ............................................................................... Each $ 400.00
All-Terrain Vehicle (Min. Daily Charge $550.00) ........................................................................... Per Mile $ 6.50
One Ton Flatbed w/250 Gallon Water Tank (Min. Daily Charge $120.00) .................................. Per Mile $ 4.00
Pickup Truck (Min. Daily Charge $60.00) .................................................................................... Per Mile $ 2.50
Drilling Services
Drilling Rig & 2-Man Crew ............................................................................................................. Per Hour $ 227.50
Drilling Rig & 3-Man Crew ............................................................................................................. Per Hour $ 280.00
Standby
Drilling Rig & 2-Man Crew ............................................................................................................. Per Hour $ 250.00
Drilling Rig & 3-Man Crew .............................................................................................................. Per Hour $ 315.00
Drilling Rig & Crew Minimum Daily Rate, (8 hours) ...................................................................... Per Day $ 2,400.00
Truck Rig Drilling & Sampling Footage Rates, 0-50 ft. (Intermittent – 5’ Intervals) ...................................... Per Foot $ 16.50 Drilling & Sampling Footage Rates, 50-100 ft. (Intermittent – 5’ Intervals) .................................. Per Foot $ 19.50 Drilling & Sampling Footage Rates, 100-150 ft. (Intermittent – 5’ Intervals) ................................ Per Foot $ 26.00 Hollow Stem Augers Drilling & Sampling Footage Rates, 0-40 ft. ............................................... Per Foot $ 17.00 Hollow Stem Augers Drilling & Sampling Footage Rates, 40-75ft. .............................................. Per Foot $ 18.75
Truck Rig Drilling & Sampling Continuous Footage Rates, 0-50 ft. .............................................................. Per Foot $ 18.00 Drilling & Sampling Continuous Footage Rates, 50-100 ft. .......................................................... Per Foot $ 21.50 Drilling & Sampling Continuous Footage Rates, 100-150 ft. ........................................................ Per Foot $ 28.00
Track ATV Drill Rig Drilling & Sampling Footage Rates, 0-40 ft. (Intermittent – 5’ Intervals) ...................................... Per Foot $ 18.00 Drilling & Sampling Footage Rates, 40-100 ft. (Intermittent – 5’ Intervals) .................................. Per Foot $ 21.00
Track ATV Drill Rig Drilling & Sampling Continuous Footage Rates, 0-50 ft. .............................................................. Per Foot $ 19.00 Drilling & Sampling Continuous Footage Rates, 50-100 ft. .......................................................... Per Foot $ 23.00
Additional Services Hand Auger Drilling and Sampling ................................................................................................ Per Hour $ 155.00 Backfilling Boreholes with Bentonite Chips ................................................................................... Per Foot $ 5.50 Grouting Boreholes with Cement/Bentonite Grout ........................................................................ Per Foot $ 6.50 Compressor for air rotary drilling ................................................................................................... Per Day $ 400.00 Open Standpipe Piezometer (Installation and Supplies) ............................................................. Per Foot $ 49.00 Vibrating Wire Piezometer (Installation only) ............................................................................... Per Foot $ 34.00 Inclinometer Installation ................................................................................................................ Per Foot $ 62.00 4” Piezometer Protector Post ......................................................................................................... Each $ 250.00 6” Piezometer Protector Post. ....................................................................................................... Each $ 270.00 Steam Cleaner .............................................................................................................................. Day $ 230.00 Drums .... ....................................................................................................................................... Each $ 65.00 Decon Augers ................................................................................................................................ Day $ 550.00 Supplies to Repair/Install Piezometers .......................................................................................... At Cost Plus 20% Piezometer Development (washing & purging)............................................................................. Each $ 250.00 Water Level Indicator .................................................................................................................... Day $ 80.00 Traffic Control ................................................................................................................................. Day $ 1800.00
City of Corpus Christi 2020/2021 MSA, Corpus Christi, TX October 9, 2020
Page 4 of 5
2020 STANDARD SCHEDULE OF GEOTECHNICAL LABORATORY FEES
Visual Classification (ASTM D 2487 or D 2488)Each Sample $ 4.00
Hand Penetrometer Per Test $ 5.00 Torvane Per Test $ 5.00 Miniature Vane Shear (ASTM D 4648)Per Test $ 30.00 Moisture Content Test (ASTM D 2216)Per Test $ 6.00 Moisture Content & Classification Each Sample $ 11.00 Density Determination on Shelby Tube samples (ASTM D 7263)Each Sample $ 25.00 Atterberg Limit Determination (ASTM D 4318) Per Test $ 65.00 Percent Passing #200 Sieve (ASTM D 1140)Per Test $ 55.00 Sieve Analysis (ASTM D 422)Per Test $ 60.00 Hydrometer Analysis (ASTM D 422)Per Test $ 205.00 Unconfined Compressive Strength (ASTM D 2166) Per Test $ 50.00 Unconsolidated Undrained Triaxial Compression (ASTM D2850)Per Test $ 80.00 Direct Shear Test (Per Vertical Stress Point) (ASTM D 3080)Per Test $ 185.00 Consolidated Undrained with Pore Pressure Measurements (Includes backpressure saturation)(a) Consolidation and shearing of each sample; (ASTM D 4767), 3 specimens-3 pressures Per Test $ 1,200.00 (b) Consolidation and shearing of each sample; (ASTM D 4767), 1 specimens, 1 pressure Per Test $ 375.00 (c) Three consolidation stages; (non ASTM; standard industry practice)Per Test $ 650.00 One Dimensional Consolidation (ASTM D 2435/D2435M) (a) 8 Loadings & 3 unloading increments Per Test $ 475.00 (b) Each additional loading/unloading Per Load $ 50.00 One Dimensional Swell (ASTM D 4546)(a) Method A (wetting after loading tests on multiple specimens)Per Test $ 350.00 (b) Method B (single point wetting after loading test on a single specimen)Per Test $ 200.00 (c) Method C (loading after wetting test)Per Test $ 550.00 Moisture-Density Relationship ASTM D-698 and D-1557, Method B Per Test $ 170.00 ASTM D-698 and D-1557, Method C Per Test $ 185.00 Relative Density Determination Per Test $ 175.00 California Bearing Ratio (ASTM D1883) (Does not include M-D relationship)Per Test $ 275.00 Permeability Testing: Triaxial Cell Method (ASTM D 5084)Per Test $ 400.00 Falling Head Rigid Wall (Consolidometer Technique) (COE 110-2-1906)Per Test $ 170.00 Constant Head for Granular Soils (ASTM D 2434)Per Test $ 200.00 Pinhole Dispersion Hole (ASTM D4647)Per Test $ 225.00 Crumb Test (ASTM D6572)Per Test $ 50.00 Organic Content (ASTM D 2974)Per Test $ 80.00 Specific Gravity (ASTM D 854)Per Test $ 80.00 Degree of Saturation (calculated) (requires spec. gravity)Each Sample $ 10.00 Porosity (calculated) (requires spec. grav.)Each Sample $ 10.00 Laboratory Electrical Resistivity (ASTM G57/Tex 129-E)Per Test $ 150.00 pH (ASTM D4972) (single sample)Per Test $ 45.00 Soluble Chlorides (EPA 300)Per Test $ 95.00 Soluble Sulphates (ASTM C1580/Tex 145-E)Per Test $125.0/95.0Sample Preparation (Remolded sample – Using Proctor Mold) Each Sample $ 80.00
City of Corpus Christi 2020 MSA, Corpus Christi, TX October 9, 2020
Page 5 of 5
2020 STANDARD SCHEDULE OF PROFESSIONAL/TECHNICAL STAFF FEES
DESCRIPTION
Chief Engineer ............................................................................................................................... Per Hour $190.00 Regional Engineer//Principal Consultant ....................................................................................... Per Hour $180.00 Senior Engineer ............................................................................................................................. Per Hour $155.00 Project Engineer ............................................................................................................................ Per Hour $125.00 Project Manager ............................................................................................................................ Per Hour $110.00 Staff Engineer ................................................................................................................................ Per Hour $100.00 Drafting/CAD ................................................................................................................................... Per Hour $75.00 Geotechnician ................................................................................................................................. Per Hour $68.00 Clerical ............................................................................................................................................ Per Hour $60.00
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).EXAMPLEEXHIBIT D
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked 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 ConsultantN/A
Intertek-PSI
810 S. Padre Island Dr Corpus Christi 78416
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying Person: Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Karl Crenwelge Branch Manager
Dec. 1, 2020
Page 1 Rev 20-6
SERVICE AGREEMENT NO. 3399
CITY OF CORPUS CHRISTI
MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box
9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City
Manager or designee and Rock Engineering & Testing Laboratory, Inc. an Texas Corporation,6817
Leopard Street Corpus Christi, TX 78409 (“Lab”).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I – PROJECT TASK ORDER ................................................................................................ 2
ARTICLE II – COMPENSATION ........................................................................................................... 2
ARTICLE III – INSURANCE REQUIREMENTS .................................................................................... 3
ARTICLE IV - INDEMNIFICATION ....................................................................................................... 3
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE ........................................... 4
ARTICLE VI - TERMINATION OF AGREEMENT ................................................................................. 4
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT .......................................... 4
ARTICLE VIII – MISCELLANEOUS PROVISIONS ............................................................................... 5
EXHIBIT A
EXHIBIT B
EXHIBIT C
TERMS AND CONDITIONS
SCOPE OF WORK
RATE SCHEDULE S
EXHIBIT D
EXHIBIT E
SAMPLE INVOICE
DISCLOSURE OF INTEREST
Page 2 Rev 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and
conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order.
No Task Order shall be binding or enforceable unless and until it has been properly executed by both City
and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services
shall include all associated services required for Lab to provide such Services, pursuant to this Agreement,
and any and all Services which would normally be required by law or common due diligence in accordance
with the standard of care defined in Article VIII of this Agreement. Lab will perform the services in
accordance with the approved Scope of Services and with Lab’s response to the Request for Qualifications
related to this project, which response is incorporated by reference into this Agreement as if set out here in
its entirety.
1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master
Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to
authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior
to execution of work.
1.4 The general scope for these Task Orders is outlined in Exhibit B. More specific scope of work will be
issued for pricing when a task order is needed.
1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a
timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to
this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with
a list of all subcontractors/subconsultants that includes the services performed by the
subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant.
Changes in Lab’s team that provides services under this Agreement must be agreed to by the City in
writing.
1.6 Lab must not begin work on any Task Order authorized under this Agreement until they are briefed on the
scope of the Project and are issued the fully executed Task Order to proceed.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services performed under this Agreement shall not exceed $750,000.00.
2.2 The Lab’s fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a
negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred in
performing these services.
2.3 Lab shall price Task Orders in accordance with Exhibit C, Rate Schedule, subject to approval by the City.
2.3 All services shall be performed in accordance with the applicable standard of professional care set forth
herein and to City’s satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion.
City shall not be liable for any payment under this Agreement for services which are unsatisfactory and
which previously have not been approved by the Director.
Page 3 Rev 20-6
2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow
the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof,
any such claim shall be waived.
2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services.
Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer.
2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in
writing and identified by Lab as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to
suspend work pending receipt and appropriation of funds.
ARTICLE III – INSURANCE REQUIREMENTS
3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and
such insurance has been approved by the City. Lab must not allow any subcontractor or subconsultant to
commence work under this Agreement until all similar insurance required of any subcontractor or subconsultant
has been obtained.
3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement
which is attached hereto and incorporated herein as Exhibit A.
ARTICLE IV - INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,
agents, employees, or other entity, excluding the engineer or architect or that person’s agent,
employee or consultant, over which the City exercises control (“Indemnitee”) from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
costs, to the extent that the damage is caused by or results from an act of negligence, intentional
tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by
Lab or its agent, Lab under contract or another entity over which Lab 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.
Lab 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 Lab shall reimburse the City’s reasonable attorney’s fees in
proportion to the Lab’s liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known
to Lab related to or arising out of Lab’s activities under this Agreement.
Page 4 Rev 20-6
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
5.3 The initial term of this Agreement shall be for a period of one year beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to one-
year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration
date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved
changes.
5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Lab will perform services and provide deliverables within a reasonable time.
ARTICLE VI - TERMINATION OF AGREEMENT
6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven
days written notice to Lab at the address of record.
6.2 Lab will be compensated for authorized services completed up to the date of termination.
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT
7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Lab’s
records relating to the work and/or services provided 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. Lab agrees
to retain its records for a minimum of four (4) 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.
7.2 “Lab’s records” include any and all information, materials and data of every kind and character generated
as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost
ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports,
drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and
state tax filings for issue in questions and any and all other agreements, sources of information and matters
that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab’s records only during City’s
regular business hours. Lab agrees to allow City’s designee access to all of Lab’s records, Lab’s facilities
and Lab’s current or former employees, deemed necessary by City or its designee(s), to perform such
audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space
necessary to City or its designees to conduct such audits, inspections or examinations.
7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract.
Page 5 Rev 20-6
ARTICLE VIII – MISCELLANEOUS PROVISIONS
8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement
to any other person without the prior written consent of the City, except for routine duties delegated to
personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the
partnership, this contract will inure to the individual benefit of such partner or partners as the City may
designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent
of the City.
The City will not pay the fees of experts or technical assistance or other Labs unless such employment,
including the rate of compensation, has been approved in writing by the City.
8.2 Ownership of Documents. Lab agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to
or as a result of this Agreement, including contract documents (plans and specifications), drawings, test
results and submittal data. Lab may retain a copy for its files.
8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of
skill and care ordinarily provided by competent members of the profession practicing under the same or
similar circumstances and professional license.
8.4 Licensing. Lab 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.
8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement
between City and Lab 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 Lab.
8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
8.7 Certificate of Interested Parties. Lab 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.
8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need
to file a Form CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
8.9 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.
8.10 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.
8.11 Public Information. The requirements of Subchapter J Chapter 552 Texas Government Code may apply to
this Agreement, and the Lab agrees that the Agreement may be terminated if the Lab knowingly or
Page 6 Rev 20-6
intentionally fails to comply with a requirement of that subchapter.
8.12 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.
8.13 Title VI Assurance. Lab shall prohibit discrimination in employment based upon race, color, religion,
national origin, gender, disability or age.
8.14 Independent Contractor. The relationship between City and Lab under this Agreement shall be that of
independent contractor. City may explain to Lab the City’s goals and objectives in regard to the services to
be performed by Lab, but the City shall not direct Lab on how or in what manner these goals and objectives
are to be met.
8.15 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in
any documents prepared by Lab and included herein, is in conflict with the terms of this Agreement, which
incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take
precedence and control to resolve said conflict.
8.16 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.
________________________________
Curtis A. Rock (Date)
Chief Operating Officer
6817 Leopard Street
Corpus Christi, Texas 78409
(361) 883-4555 Office
curtis@rocktesting.com
CITY OF CORPUS CHRISTI
________________________________
Michael Rodriguez (Date)
Chief of Staff
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date) for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
ROCK ENGINEERING & TESTING
LABORATORY, INC.
Master Services Agreement
EXHIBIT A
TERMS AND CONDITIONS TO GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or
professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance
with the basic requirements of the appropriate standards of the American Society for Testing and Materials,
where applicable and other standards designated in writing by the City Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed
indicating, where applicable, compliance with the Project specifications or other contract documents. Such
reports must be complete and factual, citing the tests performed, methods employed, values obtained and
parts of the structure of the Project area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request,
submit to the City Engineer or designee documentation of such calibration.
1.5 Secure representative samples of those materials that the City’s contractor proposes to use which require
testing, together with relevant data concerning such materials including the point of origin and supplier.
1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other
similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other
information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where
materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City’s representative with respect to Lab’s
services to be performed under this Agreement and which must be promptly notified by Lab when it
appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has
authority to transmit instructions, receive information and data and/or interpret and define the City’s policies
and decisions with respect to the Project. Lab acknowledges that certain City representatives may have
different types of authority concerning the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for
completion of the required services. Such advance notice will be in accordance with that established by
mutual agreement of the parties.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
Master Services Agreement
(a) Stop work at the appropriate times for Lab to perform contracted services;
(b)Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to
facilitate the specified inspection and tests;
(c)Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of
test specimens that must remain on the Project site prior to, during and up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate
any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are
vested in the Project architects, design engineers or any other design agencies or authorities.
3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project
specifications or other contract documents nor to approve or accept any portion of the work. Lab does not
have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to
stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered
by the Agreement.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab
also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques,
sequences or procedures of construction, and it is understood that the final services provided by Lab will
not relieve the Project contractor of its responsibilities for performing the work in accordance with the
Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean
periodic observation of the work and the conducting of tests by Lab as specified in the Agreement.
Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of
materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other
party.
4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will
retain the samples for a period of 60 days following the date of submission of any report related to the
sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous,
acutely toxic or radioactive samples and samples’ containers and residues to City. City agrees to accept
such samples and samples’ containers.
ARTICLE 5. INSURANCE REQUIREMENTS
5.1 Lab must not commence work under this agreement until all required insurance has been obtained and
such insurance has been approved by the City. Lab must not allow any subcontractor to commence work
until all similar insurance required of any subcontractor has been obtained.
5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage. The City must be listed as an additional insured on the General Liability and Auto
Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements
must be provided with COI. Project name and or number must be listed in Description Box of COI.
Master Services Agreement
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
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
$2,000,000 Aggregate
(Defense costs must be outside policy limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS’ COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer’s Liability
Statutory
$500,000 /$500,000 /$500,000
POLLUTION LIABILITY
Required if boring, sampling or excavating > 5
ft below grade
$1,000,000 Per Claim
5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all
reports of any accidents within 10 days of the accident.
5.4 Applicable for paid employees, Lab must obtain workers’ compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the T exas
Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient
to assure that all workers’ compensation obligations incurred by the Lab will be promptly met. An All States
Endorsement shall be required if Lab is not domiciled in the State of Texas.
Master Services Agreement
5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lab'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. Lab is required to provide City with renewal Certificates.
5.6 Lab 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. Lab 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
5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
(a) 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 and professional liability/Errors & Omissions policy;
(b)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;
(c)Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor
of the City; and
(d)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.
5.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to
suspend Lab'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.
5.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become
due to Lab hereunder until Lab demonstrates compliance with the requirements hereof.
5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor’s
performance of the work covered under this agreement.
5.11 It is agreed that Lab'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.
5.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Master Services Agreement
ARTICLE 6. CLAIMS
6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized
representative. The responsibility to substantiate a claim rests with the party making the claim.
6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
6.3 In case of litigation between the parties, Lab 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 under this
Agreement.
6.4 In case of litigation between the parties, Lab and City agree that they have knowingly waived and do hereby
waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently
agree otherwise in writing.
ARTICLE 7. SAFETY
City and Lab agree that, in accordance with the generally accepted construction practice, the Project’s general
contractor will be solely and completely responsible for working conditions on the Project, including safety of all
persons and property during the performance of the work and for compliance with all municipal, state and federal
laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any
review of, or responsibility for, the adequacy of the Project’s general contractor's safety measures in, on or near the
Project site.
Geotechnical Testing and Construction Material Testing – services that include specified
geological and geotechnical field operations, laboratory testing and engineering analysis for
various projects.
Geotechnical Engineering
The A/E shall perform geotechnical engineering services that include specified Geological
and Geotechnical Field Operation, Testing Program and Engineering Analysis for various
infrastructure construction projects identified in each task order.
Materials Engineering
The A/E shall perform and supervise all sampling, testing, inspection work, and related
services for various infrastructure construction projects identified in each task order.
Engineering Reports for Geotechnical and Materials Engineering
The A/E will submit a Report of Findings for each task order. Reports may contain but are not
limited to items such as:
•A description of the field exploration and laboratory tests
•maps of boring locations
•Boring logs
o Note (provide narrative of) the location of the bores relative to the street section
in the report. For example, was the bore in the middle of the center turn lane, in
the outer westbound lane, between the 2 eastbound lanes, approximately 1-ft
from the edge of the gutter in the eastbound lane, etcetera.
•A discussion of the engineering properties of the subsurface materials encountered
•Trench excavation design parameters
•OSHA soil type classification
•Pavement Section recommendations
o Include asphalt pavement options
o If a thick pavement section is recommended (including surface, base, &
subgrade), provide alternative options to reduce the thickness (i.e. multiple
geogrid layers, increased hotmix, etc.). Notify the City PM to discuss prior to
finalizing the report.
o Include narrative of benefits/risks of proposed components
o Recommendations for prolonging/protecting the pavement sections (i.e. not
driving on unprotected base, backfilling within 48-hrs to protect base).
•Design Parameterso30 Year Design Life
GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING
EXHIBIT B
SCOPE OF WORK
ROCK ENGINEERING & TESTING LABORATORY, INC.
6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409
OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rocktesting.com
• GEOTECHNICAL ENGINEERING
• CONSTRUCTION MATERIALS
ENGINEERING & TESTING
• SOILS • ASPHALT • CONCRETE
Tuesday, December 08, 2020
City of Corpus Christi
1201 Leopard St
Corpus Christi, TX 78401
SUBJECT: RFQ 3178 GEOTECHNICAL TESTING AND CONSTRUCTION AND MATERIAL TESTING
CITY OF CORPUS CHRISTI
RETL Cost Proposal: P110520A Revision 3
Dear Mr. Edmonds,
Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to provide the
attached Scope of Work and Cost Proposal for RFQ 3178 Geotechnical Testing and Construction and
Material Testing.
Sincerely,
.
Curtis Rock
Chief Administrative Officer
Enclosures: Scope of Work and Cost Proposal
ROCK ENGINEERING AND TESTING LABORATORY SCOPE OF WORK AND COST PROPOSAL #P110520A
GEOTECHNICAL DRILLING UNIT PROPOSED RATES
TRUCK MOUNTED DRILL RIG MOB/DEMOB (local within 60 miles roundtrip)EA 365.00$
TRUCK MILEAGE BEYOND 60 MILES ROUNDTRIP MILE 4.00$
ATV MOUNTED DRILL RIG MOB/DEMOB EA 3,850.00$
BARGE MOBILIZATION AND DEMOBILIZATION LS 7,700.00$
BARGE MOUNTED DRILLING SERVICES DAY 5,280.00$
CREW BOAT DAY 990.00$
SUPPORT TRUCK DAY 80.00$
STANDBY DRILL RIG/CREW HR 275.00$
1. Depths 0 to 50 feet LF 22.00$
2. Depths 50 to 100 feet LF 26.00$
3. Depths 100 to 150 feet LF 30.00$
4. Daily Rate DAY 3,500.00$
5. Grouting of 4-inch Diameter Boreholes LF 6.50$
6. Grouting of 8-inch Diameter Boreholes LF 19.00$
1. Depths 0 to 50 feet LF 23.00$
2. Depths 50 to 100 feet LF 27.00$
3. Depths 100 up to 150 feet LF 35.00$
4. Daily Rate DAY 3,720.00$
5. Grouting of Boreholes LF 21.00$
HOLLOW STEM/SOLID FLIGHT AUGER - ATV MOUNTED RIG DAY 3,500.00$
MUD ROTARY - ATV MOUNTED RIG DAY 3,500.00$
1. Depths 0 to 50 feet LF 30.00$
2. Depths 50 up to 100 feet LF 36.00$
3. Daily Rate DAY 3,200.00$
MISCELLANEOUS
ASPHALT PAVEMENT CORE AND PATCH (Maximum 6 inch thickness)EA 160.00$
ASPHALT PAVEMENT CORE AND PATCH (Greater than 6 inches)INCH 3.75$
CONCRETE PAVEMENT CORE AND PATCH (Maximum 6-inch thickness)EA 175.00$
CONCRETE PAVEMENT CORE AND PATCH (Greater than 6 inches)INCH 5.50$
CORING EQUIPMENT DAY 160.00$
TRAFFIC CONTROL (Outside TxDOT Right-of-Way)DAY 2,200.00$
TRAFFIC CONTROL (Within TxDOT Right-of-Way)DAY 3,300.00$
TRAFFIC CONTROL PLANS EA 2,000.00$
RFQ 3178 - GEOTECHNICAL TESTING AND CONSTRUCTION AND MATERIAL TESTING
HOLLOW STEM/SOLID FLIGHT AUGER - TRUCK MOUNTED RIG
MUD ROTARY - TRUCK MOUNTED RIG
CONE PENETROMETER TESTING - TRUCK MOUNTED RIG
ROCK ENGINEERING AND TESTING LABORATORY SCOPE OF WORK AND COST PROPOSAL #P110520A
RFQ 3178 - GEOTECHNICAL TESTING AND CONSTRUCTION AND MATERIAL TESTING
CONSTRUCTION MATERIALS TESTING - FIELD UNIT PROPOSED RATES
NUCLEAR GAUGE EQUIPMENT FEE TRIP 50.00$
SIEVE ANALYSIS OF ROAD-MIX STABILIZED MATERIAL TX-101-E PART III EA 88.00$
IN-PLACE DENSITY BY NUCLEAR GAUGE (3 locations) ASTM D6938 TRIP 88.00$
IN-PLACE DENSITY BY NUCLEAR GAUGE (Each additional location) ASTM D6938 EA 30.00$
DRILLED PIER/AUGER CAST PILE OBSERVATIONS HR 88.00$
FIELD RESISTIVITY ASTM G57 EA 500.00$
PROOF ROLLING OBSERVATION (Soil)HR 80.00$
WINDSOR PIN (Sets of 3) ASTM C803 EA 280.00$
SCHMIDT HAMMER TEST (Per Area) ASTM C805 EA 200.00$
AIR CONTENT OF FRESHLY MIXED CONCRETE ASTM C173/C231 EA 21.00$
CONCRETE CORING EQUIPMENT DAY 160.00$
PATCHING CORES EA 28.00$
REBAR/PRE-POUR INSPECTION HR 80.00$
GROUT INSPECTION HR 80.00$
TENDON INSPECTION HR 98.00$
SLUMP ASTM C143 EA 21.00$
TEMPERATURE OF CONCRETE ASTM C1064 EA 21.00$
CONC CYLINDERS SAMPLING/COMPRESSIVE STRENGTH (Set of 4) ASTM C31/C39 SET 190.00$
CONC CYLINDERS SAMPLING/COMPRESSIVE STRENGTH (each add. cylinder) ASTM C31/C39 EA 47.50$
FLEXURAL STRENGTH OF CONCRETE ASTM C78 EA 67.50$
MORTAR CUBES (3 per set) ASTM C109 SET 130.00$
MORTAR CUBES (each additional cube) ASTM C109 EA 43.50$
GROUT PRISMS (4 per set) ASTM C1019 SET 185.00$
GROUT PRISMS (each additional prism) ASTM C1019 EA 46.25$
GROUT CUBES ASTM C942 EA 46.25$
HMAC CORING EQUIPMENT DAY 160.00$
ROLLING PATTERN (HMAC)HR 80.00$
DEPTH CHECKS HR 80.00$
CERTIFIED WELDING INSPECTOR (Minimum 4 hours)HR 155.00$
BOLTING INSPECTION (Minimum 4 hours)HR 155.00$
NDT LEVEL II INSPECTOR DAY 2,200.00$
FLOOR FLATNESS/LEVELNESS (Minimum 4 hours with 2 technicians) ASTM E1155 HR 155.00$
FLOOR MOISTURE (Vapor Emission Rate using Calcium Chloride) ASTM F1869 EA 60.00$
FLOOR MOISTURE (Relative Humidity using insitu probes) ASTM F2170 EA 180.00$
FLOOR MOISTURE (by Plastic Sheet Method) ASTM D4263 EA 37.00$
FIREPROOFING THICKNESS ASTM E605 EA 60.00$
FIREPROOFING DENSITY ASTM E605 EA 120.00$
FIREPROOFING ADHESION/COHESION ASTM E736 EA 180.00$
TRAFFIC CONTROL (Outside TxDOT Right-of-Way)DAY 2,200.00$
TRAFFIC CONTROL (Within TxDOT Right-of-Way)DAY 3,300.00$
TRAFFIC CONTROL PLANS EA 2,000.00$
VEHICLE (TRIP CHARGE/LOCAL)TRIP 39.00$
MISCELLANEOUS
OTHER SPECIAL INSPECTIONS & TESTING
ASPHALT
CONCRETE/MASONRY
SOIL
ROCK ENGINEERING AND TESTING LABORATORY SCOPE OF WORK AND COST PROPOSAL #P110520A
RFQ 3178 - GEOTECHNICAL TESTING AND CONSTRUCTION AND MATERIAL TESTING
LABORATORY & MATERIALS TESTING UNIT PROPOSED RATES
SAMPLE PREPARATION CHARGE (HMAC/LIMESTONE)EA 80.00$
SOIL-LIME PROPORTION (using pH) ASTM D6276 EA 300.00$
MOISTURE CONTENT ASTM D2216 EA 13.00$
ONE DIMENSIONAL SWELL TEST ASTM D4546 EA 160.00$
ONE DIMENSIONAL CONSOLIDATION TEST (incremental loading) ASTM D2435 EA 635.00$
UNCONFINED COMPRESSIVE STRENGTH TEST (cohesive soil) ASTM D2166 EA 69.00$
pH of Soil ASTM D4972 EA 34.00$
SOIL RESISTIVITY ASTM G187 EA 56.00$
SULFATE AND CHLORIDE CONTENT IN SOIL ASTM D4327 EA 150.00$
AGGREGATE UNIT WEIGHT AND VOIDS ASTM C29 EA 276.00$
PLASTICITY INDEX OF SOILS Tex-106-E EA 126.00$
ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 (SUBGRADE SOILS)EA 72.00$
ATTERBERG LIMITS/PLASTICITY INDEX ASTM D4318 (SOILS W/AGGREGATE)EA 112.00$
HYDROMETER GRAIN SIZE ANALYSIS ASTM D7928 EA 140.00$
PARTICLE SIZE DIST USING SIEVE ANALYSIS ASTM C136/D6913 EA 125.00$
SPECIFIC GRAVITY - COARSE AGGREGATES ASTM C127 EA 125.00$
SPECIFIC GRAVITY - FINE AGGREGATES ASTM C128 EA 125.00$
FINENESS MODULUS Tex-402-A EA 126.00$
MICRO-DEVAL ABRASION Tex-461-A EA 410.00$
MOISTURE DENSITY RELATIONSHIP SUBGRADE (Standard PROCTOR - ASTM D698)EA 215.00$
MOISTURE DENSITY RELATIONSHIP BASE MATERIALS (Modified PROCTOR ASTM D1557)EA 225.00$
MOISTURE-DENSITY RELATIONSHIP OF BASE MATERIALS Tex-113-E EA 240.00$
MOISTURE-DENSITY RELATIONSHIP SUBGRADE/EMBANK/BACKFILL Tex-114-E EA 230.00$
ORGANIC IMPURITIES ASTM C40 EA 62.00$
CEMENT / LIME SERIES ASTM D558 (3 PERCENTAGES)3 SETS 500.00$
FLAT/ELONGATED PARTICLES (ASTM D4791 EA 300.00$
PERMEABILITY (REMOLDED) ASTM D5084 EA 475.00$
PERMEABILITY (EXTRUDED) ASTM D5084 EA 345.00$
SAND EQUIVALENT VALUE ASTM D2419 EA 122.00$
WET BALL MILL Tex-116-E EA 410.00$
LA ABRASION ASTM C131/ASTM C535 EA 410.00$
FINER THAN #200 MESH (Decantation) ASTM C117 EA 82.00$
CALIFORNIA BEARING RATIO (3 Point) ASTM D1883 EA 675.00$
TXDOT TRIAXIAL SERIES Tex-117-E EA 1,780.00$
COARSE AGGREGATE ANGULARITY Tex-460-A Part I EA 74.00$
DECANTATION Tex-406-A EA 250.00$
DELETERIOUS MATERIAL Tex-413-A EA 100.00$
MAGNESIUM SULFATE SOUNDNESS 5 CYCLES Tex-411-A EA 378.00$
UNCONSOLIDATED UNDRAINED (UU) TRIAXIAL COMPRESSION TEST ASTM D2850 EA 125.00$
CONSOLIDATED UNDRAINED (UU) TRIAXIAL COMPRESSION TEST ASTM D4767
1. SET OF THREE SET 1,575.00$
2. MULTISTAGE EA 1,350.00$
CONCRETE CYLINDERS COMPRESSIVE STRENGTH ONLY ASTM C39 EA 24.50$
CUBES COMPRESSIVE STRENGTH ONLY ASTM C109 EA 24.50$
PRISMS COMPRESSIVE STRENGTH ONLY ASTM C1019 EA 28.50$
UNIT WEIGHT ASTM C138 EA 60.50$
ASPHALT FULL SERIES (ASTM C117, C136, D2041, D6307)EA 817.00$
ASPHALT CORED IN PLACE DENSITY Tex-207-F EA 130.00$
ASPHALT CORE - TRIMMING EA 36.00$
ASPHALT
CONCRETE/MASONRY
SOIL/AGGREGATE
ROCK ENGINEERING AND TESTING LABORATORY SCOPE OF WORK AND COST PROPOSAL #P110520A
RFQ 3178 - GEOTECHNICAL TESTING AND CONSTRUCTION AND MATERIAL TESTING
LABOR/PERSONNEL UNIT PROPOSED RATES
PRINCIPAL HR 180.00$
SENIOR ENGINEER HR 180.00$
STAFF ENGINEER II HR 155.00$
STAFF ENGINEER I HR 130.00$
ENGINEER IN TRAINING (EIT)HR 115.00$
GEOTECHNICAL DRILLING COORDINATOR HR 115.00$
GEOTECHNICAL DRILLING LOGGER HR 105.00$
CERTIFIED WELDING INSPECTOR (Minimum 4 hours)HR 155.00$
SENIOR PROJECT MANAGER HR 130.00$
PROJECT MANAGER HR 115.00$
SENIOR FIELD TECHNICIAN HR 98.00$
FIELD TECHNICIAN LEVEL 2 HR 88.00$
FIELD TECHNICIAN LEVEL 1 HR 80.00$
FIELD TECHNICIAN DAY RATE DAY 880.00$
ADMINISTRATIVE HR 52.00$
Overtime/Holiday/After Hour rates will be billed at 1.5 times the provided Unit Rate
Any required specialty testing or testing not included on this rate sheet will be billed at cost plus 20%
Specialty testing includes but is not limited to: PDA, PIT, PILE LOAD TESTING, BOLT PULLING, PIEZOMETERS, MONITORING WELLS,
ETC
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).EXAMPLEEXHIBIT D
EXHIBIT “E”
Page 1 of 2
SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION
CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS: CITY: ZIP:
FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner
4.Association 5.Other____________________________________
DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”
constituting 3% or more of the ownership in the above named “firm.”
Name Job Title and City Department (if known)N/A
2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name TitleN/A
3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or CommitteeN/A
4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.”
Name Consultant
N/A
EXHIBIT “E”
Page 2 of 2
FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
(Type or Print)
Signature of Certifying
Person:
Date:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Page 1 Rev 20-6
SERVICE AGREEMENT NO. 3391
CITY OF CORPUS CHRISTI
MASTER SERVICES AGREEMENT FOR GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly
authorized City Manager or designee and Terracon Consultants, Inc an Texas
Corporation,3606 Wow Road, Corpus Christi, Texas 78413 (“Lab”).
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I – PROJECT TASK ORDER ................................................................................................ 2
ARTICLE II – COMPENSATION ........................................................................................................... 2
ARTICLE III – INSURANCE REQUIREMENTS .................................................................................... 3
ARTICLE IV - INDEMNIFICATION ....................................................................................................... 3
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE ........................................... 4
ARTICLE VI - TERMINATION OF AGREEMENT ................................................................................. 4
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT .......................................... 4
ARTICLE VIII – MISCELLANEOUS PROVISIONS ............................................................................... 5
EXHIBIT A TERMS AND CONDITIONS
EXHIBIT B SCOPE OF WORK
EXHIBIT C RATE SCHEDULE
EXHIIBIT D SAMPLE INVOICE
EXHIBIT E DISCLOSURE OF INTEREST
Page 2 Rev 20-6
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Lab agree will be performed under the terms and
conditions of this Agreement. Each task Lab performs for City hereunder shall be designated a Task Order.
No Task Order shall be binding or enforceable unless and until it has been properly executed by both City
and Lab. Each properly executed Task Order shall become a separate supplemental agreement to this
Agreement.
1.2 The Lab shall provide its Scope of Services, to be included in each Task Order. The Scope of Services
shall include all associated services required for Lab to provide such Services, pursuant to this Agreement,
and any and all Services which would normally be required by law or common due diligence in accordance
with the standard of care defined in Article VIII of this Agreement. Lab will perform the services in
accordance with the approved Scope of Services and with Lab’s response to the Request for Qualifications
related to this project, which response is incorporated by reference into this Agreement as if set out here in
its entirety.
1.3 All services provided by Lab shall be performed in accordance with the Terms and Conditions to this Master
Services Agreement attached hereto and incorporated herein as Exhibit A. All work will be subject to
authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior
to execution of work.
1.4 The general scope for these Task Orders is outlined in Exhibit B. More specific scope of work will be
issued for pricing when a task order is needed.
1.5 Lab must provide all labor, equipment and transportation necessary to complete all services agreed to in a
timely manner throughout the term of the Agreement. Persons retained by Lab to perform work pursuant to
this Agreement shall be employees or subcontractors or subconsultants of Lab. Lab must provide City with
a list of all subcontractors/subconsultants that includes the services performed by the
subcontractors/subconsultants and the percentage of work performed by the subcontractor/subconsultant.
Changes in Lab’s team that provides services under this Agreement must be agreed to by the City in
writing.
1.6 Lab must not begin work on any Task Order authorized under this Agreement until they are briefed on the
scope of the Project and are issued the fully executed Task Order to proceed.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services performed under this Agreement shall not exceed $750,000.00.
2.2 The Lab’s fee for each Task Order will be on a quantity and unit price basis or lump sum basis with a
negotiated not-to-exceed amount. The fees will not exceed those set out in the Task Order and will be full
and total compensation for all services outlined in each Task Order, and for all expenses incurred in
performing these services.
2.3 Lab shall price Task Orders in accordance with Exhibit C, Rate Schedule, subject to approval by the City.
2.3 All services shall be performed in accordance with the applicable standard of professional care set forth
herein and to City’s satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion.
City shall not be liable for any payment under this Agreement for services which are unsatisfactory and
which previously have not been approved by the Director.
Page 3 Rev 20-6
2.4 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Lab 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 Lab does not initiate and follow
the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof,
any such claim shall be waived.
2.5 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services.
Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer.
2.6 Request for final compensation by Lab shall constitute a waiver of claims except those previously made in
writing and identified by Lab as unsettled at the time of final Payment Request.
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Lab may be directed to
suspend work pending receipt and appropriation of funds.
ARTICLE III – INSURANCE REQUIREMENTS
3.1 Lab must not commence work under this Agreement until all required insurance has been obtained, and
such insurance has been approved by the City. Lab must not allow any subcontractor or subconsultant to
commence work under this Agreement until all similar insurance required of any subcontractor or subconsultant
has been obtained.
3.2 Insurance Requirements for this Agreement are set out in the Terms and Conditions to this Agreement
which is attached hereto and incorporated herein as Exhibit A.
ARTICLE IV - INDEMNIFICATION
Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,
agents, employees, or other entity, excluding the engineer or architect or that person’s agent,
employee or consultant, over which the City exercises control (“Indemnitee”) from and against
any and all claims, damages, liabilities or costs, including reasonable attorney fees and court
costs, to the extent that the damage is caused by or results from an act of negligence, intentional
tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by
Lab or its agent, Lab under contract or another entity over which Lab 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.
Lab 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 Lab shall reimburse the City’s reasonable attorney’s fees in
proportion to the Lab’s liability.
Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known
to Lab related to or arising out of Lab’s activities under this Agreement.
Page 4 Rev 20-6
ARTICLE V – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
5.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
5.2 This Agreement shall be applicable to all Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
5.3 The initial term of this Agreement shall be for a period of one year beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to one-
year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration
date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved
changes.
5.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Lab will perform services and provide deliverables within a reasonable time.
ARTICLE VI - TERMINATION OF AGREEMENT
6.1 City may terminate this Agreement or Task Order under this Agreement, with or without cause, upon seven
days written notice to Lab at the address of record.
6.2 Lab will be compensated for authorized services completed up to the date of termination.
ARTICLE VII – RECORD RETENTION; RIGHT OF REVIEW AND AUDIT
7.1 Lab grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Lab’s
records relating to the work and/or services provided 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. Lab agrees
to retain its records for a minimum of four (4) 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.
7.2 “Lab’s records” include any and all information, materials and data of every kind and character generated
as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost
ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports,
drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and
state tax filings for issue in questions and any and all other agreements, sources of information and matters
that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any Agreement Documents.
7.3 City agrees that it shall exercise the right to audit, examine or inspect Lab’s records only during City’s
regular business hours. Lab agrees to allow City’s designee access to all of Lab’s records, Lab’s facilities
and Lab’s current or former employees, deemed necessary by City or its designee(s), to perform such
audit, inspection or examination. Lab also agrees to provide adequate and appropriate work space
necessary to City or its designees to conduct such audits, inspections or examinations.
7.4 Lab shall include this audit clause in any subcontractor, supplier or vendor contract.
Page 5 Rev 20-6
ARTICLE VIII – MISCELLANEOUS PROVISIONS
8.1 Assignability. The Lab will not assign, transfer or delegate any of its obligations or duties in this Agreement
to any other person without the prior written consent of the City, except for routine duties delegated to
personnel of the Lab staff. If the Lab is a partnership, then in the event of the termination of the
partnership, this contract will inure to the individual benefit of such partner or partners as the City may
designate. No part of the Lab fee may be assigned in advance of receipt by the Lab without written consent
of the City.
The City will not pay the fees of experts or technical assistance or other Labs unless such employment,
including the rate of compensation, has been approved in writing by the City.
8.2 Ownership of Documents. Lab agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to
or as a result of this Agreement, including contract documents (plans and specifications), drawings, test
results and submittal data. Lab may retain a copy for its files.
8.3 Standard of Care. Services performed by Lab will be conducted in a manner consistent with that level of
skill and care ordinarily provided by competent members of the profession practicing under the same or
similar circumstances and professional license.
8.4 Licensing. Lab 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.
8.5 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement
between City and Lab 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 Lab.
8.6 Disclosure of Interest. Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
8.7 Certificate of Interested Parties. Lab 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.
8.8 Conflict of Interest. Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file
Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need
to file a Form CIQ, please review the information on the City Secretary’s website at
http://www.cctexas.com/government/city-secretary/conflict-disclosure/index
8.9 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.
8.10 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.
8.11 Public Information. The requirements of Subchapter J Chapter 552 Texas Government Code may apply to
this Agreement, and the Lab agrees that the Agreement may be terminated if the Lab knowingly or
Page 6 Rev 20-6
intentionally fails to comply with a requirement of that subchapter.
8.12 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.
8.13 Title VI Assurance. Lab shall prohibit discrimination in employment based upon race, color, religion,
national origin, gender, disability or age.
8.14 Independent Contractor. The relationship between City and Lab under this Agreement shall be that of
independent contractor. City may explain to Lab the City’s goals and objectives in regard to the services to
be performed by Lab, but the City shall not direct Lab on how or in what manner these goals and objectives
are to be met.
8.15 Conflict Resolution Between Documents. Lab hereby agrees and acknowledges if anything contained in
any documents prepared by Lab and included herein, is in conflict with the terms of this Agreement, which
incorporates Exhibit A, and/or an approved Task Order, this Agreement and/or the Task Order shall take
precedence and control to resolve said conflict.
8.16 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.
TERRACON CONSULTANTS, INC.
________________________________
Tom Barker (Date)
Office Manager
3606 Wow Road
Corpus Christi, Texas 78413
(361) 420-6000
Tom.Barker@terracon.com
CITY OF CORPUS CHRISTI
________________________________
Michael Rodriguez (Date)
Chief of Staff
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date) for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
Master Services Agreement
EXHIBIT A
TERMS AND CONDITIONS TO GEOTECHNICAL AND
CONSTRUCTION MATERIALS TESTING AGREEMENT
ARTICLE 1. SERVICES: Lab will:
1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or
professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform.
1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance
with the basic requirements of the appropriate standards of the American Society for Testing and Materials,
where applicable and other standards designated in writing by the City Engineer.
1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed
indicating, where applicable, compliance with the Project specifications or other contract documents. Such
reports must be complete and factual, citing the tests performed, methods employed, values obtained and
parts of the structure of the Project area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request,
submit to the City Engineer or designee documentation of such calibration.
1.5 Secure representative samples of those materials that the City’s contractor proposes to use which require
testing, together with relevant data concerning such materials including the point of origin and supplier.
1.6 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies
specifically designated in writing by the City Engineer.
1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other
similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will:
2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other
information for the proper performance of services by Lab.
2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where
materials are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the City’s representative with respect to Lab’s
services to be performed under this Agreement and which must be promptly notified by Lab when it
appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has
authority to transmit instructions, receive information and data and/or interpret and define the City’s policies
and decisions with respect to the Project. Lab acknowledges that certain City representatives may have
different types of authority concerning the Project.
2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for
completion of the required services. Such advance notice will be in accordance with that established by
mutual agreement of the parties.
2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to:
Master Services Agreement
(a) Stop work at the appropriate times for Lab to perform contracted services;
(b)Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to
facilitate the specified inspection and tests;
(c)Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of
test specimens that must remain on the Project site prior to, during and up to 60 days after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate
any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are
vested in the Project architects, design engineers or any other design agencies or authorities.
3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project
specifications or other contract documents nor to approve or accept any portion of the work. Lab does not
have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to
stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered
by the Agreement.
ARTICLE 4. FIELD MONITORING AND TESTING
4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab
also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques,
sequences or procedures of construction, and it is understood that the final services provided by Lab will
not relieve the Project contractor of its responsibilities for performing the work in accordance with the
Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean
periodic observation of the work and the conducting of tests by Lab as specified in the Agreement.
Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of
materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other
party.
4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will
retain the samples for a period of 60 days following the date of submission of any report related to the
sample. Following the retention period, Lab will dispose of non-hazardous samples, and return hazardous,
acutely toxic or radioactive samples and samples’ containers and residues to City. City agrees to accept
such samples and samples’ containers.
ARTICLE 5. INSURANCE REQUIREMENTS
5.1 Lab must not commence work under this agreement until all required insurance has been obtained and
such insurance has been approved by the City. Lab must not allow any subcontractor to commence work
until all similar insurance required of any subcontractor has been obtained.
5.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum
coverage. The City must be listed as an additional insured on the General Liability and Auto
Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements
must be provided with COI. Project name and or number must be listed in Description Box of COI.
Master Services Agreement
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
$2,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2.Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
$2,000,000 Aggregate
(Defense costs must be outside policy limits)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions and
identify any limitations regarding who is
insured.
WORKERS’ COMPENSATION
(All States Endorsement if Company is not
domiciled in Texas)
Employer’s Liability
Statutory
$500,000 /$500,000 /$500,000
POLLUTION LIABILITY
Required if boring, sampling or excavating > 5
ft below grade
$1,000,000 Per Claim
5.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all
reports of any accidents within 10 days of the accident.
5.4 Applicable for paid employees, Lab must obtain workers’ compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the T exas
Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient
to assure that all workers’ compensation obligations incurred by the Lab will be promptly met. An All States
Endorsement shall be required if Lab is not domiciled in the State of Texas.
Master Services Agreement
5.5 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lab'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. Lab is required to provide City with renewal Certificates.
5.6 Lab 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. Lab 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
5.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
(a) 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 and professional liability/Errors & Omissions policy;
(b)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;
(c)Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor
of the City; and
(d)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.
5.8 Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Lab shall provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to
suspend Lab'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.
5.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become
due to Lab hereunder until Lab demonstrates compliance with the requirements hereof.
5.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held
responsible for payments of damages to persons or property resulting from Lab's or its subcontractor’s
performance of the work covered under this agreement.
5.11 It is agreed that Lab'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.
5.12 It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
Master Services Agreement
ARTICLE 6. CLAIMS
6.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized
representative. The responsibility to substantiate a claim rests with the party making the claim.
6.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement
negotiations for purposes of applicable rules of evidence.
6.3 In case of litigation between the parties, Lab 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 under this
Agreement.
6.4 In case of litigation between the parties, Lab and City agree that they have knowingly waived and do hereby
waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or
connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently
agree otherwise in writing.
ARTICLE 7. SAFETY
City and Lab agree that, in accordance with the generally accepted construction practice, the Project’s general
contractor will be solely and completely responsible for working conditions on the Project, including safety of all
persons and property during the performance of the work and for compliance with all municipal, state and federal
laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any
review of, or responsibility for, the adequacy of the Project’s general contractor's safety measures in, on or near the
Project site.
Geotechnical Testing and Construction Material Testing – services that include specified
geological and geotechnical field operations, laboratory testing and engineering analysis for
various projects.
Geotechnical Engineering
The A/E shall perform geotechnical engineering services that include specified Geological
and Geotechnical Field Operation, Testing Program and Engineering Analysis for various
infrastructure construction projects identified in each task order.
Materials Engineering
The A/E shall perform and supervise all sampling, testing, inspection work, and related
services for various infrastructure construction projects identified in each task order.
Engineering Reports for Geotechnical and Materials Engineering
The A/E will submit a Report of Findings for each task order. Reports may contain but are not
limited to items such as:
•A description of the field exploration and laboratory tests
•maps of boring locations
•Boring logs
o Note (provide narrative of) the location of the bores relative to the street section
in the report. For example, was the bore in the middle of the center turn lane, in
the outer westbound lane, between the 2 eastbound lanes, approximately 1-ft
from the edge of the gutter in the eastbound lane, etcetera.
•A discussion of the engineering properties of the subsurface materials encountered
•Trench excavation design parameters
•OSHA soil type classification
•Pavement Section recommendations
o Include asphalt pavement options
o If a thick pavement section is recommended (including surface, base, &
subgrade), provide alternative options to reduce the thickness (i.e. multiple
geogrid layers, increased hotmix, etc.). Notify the City PM to discuss prior to
finalizing the report.
o Include narrative of benefits/risks of proposed components
o Recommendations for prolonging/protecting the pavement sections (i.e. not
driving on unprotected base, backfilling within 48-hrs to protect base).
•Design Parameterso30 Year Design Life
GEOTECHNICAL AND CONSTRUCTION MATERIAL TESTING
EXHIBIT B
SCOPE OF WORK
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).EXAMPLEEXHIBIT D
RFQ NO. 3178 Geotechnical Testing and Construction Materials Testing
Clarissa Johnson
Proposal Evaluation Ardaman &
Associates
Arias
Geoprofessionals Intertek-PSI Raba-Kistner Rock Engineering Terracon Tolunay Wong
Engineers
Trinity Soils
Investigations TTL
(PASS/FAIL)
Licensing/Certification
No material lawsuits during last 5 years
No material regulatory issues last 5 years
References Provided for firm
TECHNICAL PROPOSAL (50 PTS)36 43 44 36 43 44 40 30 41
Firms' Experience (15 pts)
Team's Experience (15 pts)
Understanding of Project Scope (20 pts)
INTERVIEW (50 PTS)43 44 39 41 34 40
Firms' Experience (15 pts)
Team's Experience (15 pts)
Understanding of Project Scope (20 pts)
Total 36 86 88 36 82 85 74 30 81
PASS PASS PASS PASSPASSPASSPASSPASSPASS
RFQ NO. 3178 Geotechnical Testing and Construction Materials Testing
Technical Proposal Results
Sandra LJ Thomas Larry Mai
Firm Names
Committee
Member#1
Committee
Member#2
Committee
Member#3
Committee
Member#4
Committee
Member#5 AVERAGE
1 Ardaman & Associates 28 49 32 37 34 36
2 Arias Geoprofessionals 44 47 41 38 47 43
3 Intertek-PSI 45 49 40 37 50 44
4 Raba-Kistner 30 43 41 31 36 36
5 Rock Engineering 45 48 46 28 50 43
6 Terracon 37 50 46 39 50 44
7 Tolunay Wong Engineers 45 49 38 31 37 40
8 Trinity Soils Investigations 30 39 28 21 30 30
9 TTL, Inc.45 48 44 30 39 41
RFQ NO. 3178 Geotechnical Testing and Construction Materials Testing
Interview Results
Sandra LJ Thomas Larry Mai
Firm Names
Committee
Member#1
Committee
Member#2
Committee
Member#3
Committee
Member#4
Committee
Member#5 AVERAGE
1 Arias Geoprofessionals 42 44 42 36 50 43
2 Intertek-PSI 50 48 33 38 50 44
3 Tolunay Wong Engineers 30 45 28 35 30 34
4 Terracon 47 49 32 38 37 41
5 Rock Engineering 43 46 41 36 30 39
6 TTL, Inc.34 50 39 34 45 40
Procurement Officer
Procurement Manager
DATE: December 12, 2020
TO: Peter Zanoni, City Manager
FROM: Charles Mendoza, Director of Asset Management
CharlesM2@cctexas.com
(361) 826-1941
DeAnna McQueen, Director of Communications & Intergovernmental
Affairs (IGA)
DeannaM@cctexas.com
(361) 826-2940
CAPTION:
Motion to authorize execution of a 24-month Lease Agreement with Bayview Tower, LLC,
for the operation of the City Customer Service Call Center for a total cost of $111,111.35
of which $57,209.75 is for the first twelve months (including a security deposit of
$4,400.75) and $53,901.60 is for the second twelve months with the FY 2021 expense of
$39,606.75 being paid from the Call Center’s FY 2021 budget in the General Fund.
SUMMARY:
The purpose of this item is to approve a lease agreement to primarily house City Call
Center employees. Due to the COVID-19 pandemic and social distancing requirements,
the current workspace is not adequate to accommodate staff to adhere to COVID -19
health and safety protocols.
BACKGROUND AND FINDINGS:
The Customer Call Center is an inbound call center with 20 full-time employees that take
general questions, complaints, comments, and inquiry calls for over 20 City departments
including Utility Business Office, Solid Waste, Animal Control, Code Enforcement,
Streets, and Water, Wastewater, and Gas. Hours of operation are Monday – Friday from
7:00 am to 6:00 pm, closed weekends and all City holidays.
Currently, the Customer Call Center is located on the first floor of City Hall with a square
footage of 1,165 square feet which is not enough space to accommodate social distancing
requirements recommended by the Centers for Disease Control . As a result, the Call
Lease agreement to house Customer Call Center staff
AGENDA MEMORANDUM
Action Item for City Council Meeting January 12, 2020
Center can only have 10 agents present in the office at one time. They are currently
working on a rotating schedule, one week in the office and three weeks working from
home. The inability to have all staff onsite and properly managed by the Call Center
manager has led to a decrease in work quality and productivity. The leasing space at
Bayview Tower of 3,642 square feet., a space three times larger than the current location,
will solely occupy the Customer Call Center staff, a trainer’s office, training space, storage
space, a kitchenet/copier room, and free garage parking.
This lease shall be for a term of 24 months beginning on February 1, 2021. The monthly
base rent for the first year will be $4,400.75, increasing to $4,491.80 the second year.
The City must also pay an initial security of deposit of $4,400.75. The total for the first 12
months (including the deposit) is $57,209.75, and the cost for the second 12 months is
$53,901.60. The total for the 24-month period is $111,111.35.
ALTERNATIVES:
Leasing this space that is three times larger will allow Call Center staff to return to working
on site in order to increase productivity and work quality with safety protocols in place.
The alternative of rotating a work from home schedule in the smaller City Hall space has
not been productive.
FISCAL IMPACT:
The fiscal impact for FY2021 is $39,606.75 and includes he initial security deposit of
$4,400.75 plus eight months at $4,400.75 per month. The expense will be paid from the
Call Center’s FY 2021 operating budget which is in the General Fund.
Funding Detail:
Fund: 1020
Organization/Activity: 11475
Mission Element: 172
Project # (CIP Only): N/A
Account: 530160
Cost: $39,606.75
RECOMMENDATION:
Staff recommends approving the motion to authorize execution of a 24 -month Lease
Agreement with Bayview Tower, LLC, for the operation of the Customer Call Center.
LIST OF SUPPORTING DOCUMENTS:
Lease agreement
DATE: November 9, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond III, AIA, CBO, Director, Development Services
alraymond@cctexas.com
(361) 826 - 3276
CAPTION:
Resolution authorizing 6-month extensions for Water Arterial Transmission and Grid Main
Construction and Reimbursement Agreement up to $147,999.99, Distribution Main Line
Extension Construction and Reimbursement Agreement up to $43,010.00, and Wastewater
Collection Line Extension Construction and Reimbursement Agreement up to $139,341.76 with
Dorsal Development, LLC for a planned residential development, Azali Estates Unit 1, located at
the intersection of Yorktown Boulevard and Starry Road East of Rodd Field Road. (District 5 )
SUMMARY:
Dorsal Development LLC. is required to construct a 12-inch master planned water arterial
transmission and grid main line, an off-site 8-inch water distribution main line, a 15-inch master
planned wastewater collection line connecting to Lift Station 13, and an offsite 12-inch wastewater
collection line extension. The developer has three approved reimbursement agreements to
construct the required public improvements. The agreements came to term on October 30, 2020.
This motion will extend the performance date of the three agreements to April 30, 2021.
BACKGROUND AND FINDINGS:
On 10/1/19, via ordinance 031886, City Council approved three Reimbursement Agreements with
Dorsal Development LLC to install 502 linear feet of 15-inch wastewater collection line, per the
wastewater master plan, 901 linear feet of offsite 12-inch wastewater collection line, 1548 linear
feet of 12-inch grid main line, and 130 linear feet of 8-inch water distribution main line to provide
wastewater and water service to the planned subdivision.
Dorsal Development, LLC is requesting performance date extensions for the three
Reimbursement Agreements to April 30, 2021. The current agreements term is October 30,
2020. The developer experienced unforeseen delays due to weather and COVID-19. As a
result, the installation of the improvements, although mostly completed, has fallen behind
schedule. The extension of the performance dates for the three approved agreements will
allow the developer the additional time needed to complete the utilities improvements
associated with Azali Estates Unit 1 in accordance with the executed reimbursement
agreements.
Amendment to Reimbursement Agreements with Dorsal Development, LLC to extend the
performance date
AGENDA MEMORANDUM
Resolution for City Council for January 12, 2021
ALTERNATIVES:
Deny the request and unencumber the funds. This option will deny the developer the ability to be
reimbursed for the construction costs already incurred and will delay the installation of the
remaining portions of the utility lines and will ultimately delay the completion of the required utilities
for the new subdivision.
FISCAL IMPACT:
The funding for the three agreements has been encumbered in the Water Arterial Transmission
and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Sanitary Sewer Collection
Line Trust Fund under the original agreement ordinance. The funds for these projects will remain
encumbered to reimburse the developer after the City inspects and accepts the improvements.
Funding Detail:
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff Recommends Approval of the extension of the three reimbursement agreements. The
agreements are helping to facilitate the build out of a residential subdivision and associated
infrastructure.
LIST OF SUPPORTING DOCUMENTS:
Resolution (with exhibits)
Presentation
Location Map
Resolution authorizing 6-month extensions for Water Arterial
Transmission and Grid Main Construction and Reimbursement
Agreement up to $147,999.99, Distribution Main Line Extension
Construction and Reimbursement Agreement up to $43,010.00, and
Wastewater Collection Line Extension Construction and
Reimbursement Agreement up to $139,341.76 with Dorsal
Development, LLC for a planned residential development, Azali
Estates Unit 1, located at the intersection of Yorktown Boulevard
and Starry Road East of Rodd Field Road.
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 a 6-month
performance date extension to the Water Arterial Transmission and Grid Main
Construction and Reimbursement Agreement, Distribution Main Line Construction and
Reimbursement Agreement, and the Wastewater Collection Line Extension
Construction and Reimbursement Agreement (“Amendments”) attached hereto, with
Dorsal Development, LLC for a planned residential development, Azali Estates Unit 1,
located at the intersection of Yorktown Boulevard and Starry Road East of Rodd Field
Road.
PASSED AND APPROVED on the ______ day of _________, 2021:
Paulette M. Guajardo _______________________
Roland Barrera _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Billy Lerma _______________________
John Martinez _______________________
Ben Molina _______________________
Mike Pusley _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Water Arterial Transmission and Grid Main, Distribution Main
Extension and Wastewater Collection Line Construction and
Reimbursement Agreements
with
Dorsal Development, LLC to Extend the Performance Dates
Amendment to Agreements
City Council
January 12, 2021
2
Aerial Overview
Azali Estates Unit 1
Grange Park Unit 3
River Bend Unit 1 & 2
Starlight Estates
Grange Park Unit 1
3
Project Map
4
Reimbursement Agreements
Dorsal Development, LLC entered into three reimbursement
agreements on October 15, 2019 for a period of 12 months:
-Water Arterial Transmission and Grid Main Construction and
Reimbursement Agreement for $147,999.99
-Distribution Main Extension Construction and Reimbursement
Agreement for $43,010.00
-Collection Line Extension Construction and Reimbursement
Agreement for $139,341.76
This is the first extension request for these agreements.
5
Approval
Staff recommends approval of the developer’s request to amend the
performance dates for the water arterial transmission and grid main,
water distribution main extension, and wastewater collection line
construction and reimbursement agreements with Dorsal
Development, LLC.
The extension of the reimbursement agreements is in accordance
with UDC Section 8.5.1 Water Trust Fund and Section 8.5.2
Wastewater Trust Fund.
Recommendation
DATE: December 9, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond@cctexas.com
361-826-3575
CAPTION:
Resolution authorizing outside city limits water contract with GTHH Development, LLC. to provide
public water to the property located outside the city limits described as Swan Village Phase 1
Subdivision, also commonly known by its street address as FM2444 (S Staples St.), under Corpus
Christi Code Section 55-113. (OCL)
SUMMARY:
GTHH Development, LLC, the owner of the new Swan Village Phase 1 Subdivision located at
FM2444 (S Staples St.) and has submitted a request to enter OCL water contract in accordance
with section 55-110 of the City Code of Ordinances. This request is for a residential subdivision
property located within the ETJ on CR-41A.
BACKGROUND AND FINDINGS:
Section 55-111 of the Code of Ordinances requires a written service contract between the City
and all owners and record mortgagees and lienholders of such property. The property owner,
GTHH Development, LLC, is proposing to build homes on several tracts of land outside the city
limits. GTHH Development, LLC owns properties known as Swan Village Phase 1, Block 1, Lots
1-21; Block 2, Lots 1-25; Block 3, Lots 1-16. When Swan Village Phase 1 Subdivision was
constructed, a public waterline was extended to the area and made available to the properties
within Swan Village Phase 1 Subdivision.
In order to obtain public water, the property owners must comply with the following
requirements:
a.Enter into a written service contract with the City;
b.Submit building plans that are in compliance with all city codes and obtain all city
permits as if the property were within the City limits; and
c.Allow inspections of all such building construction.
Water connection will not be approved until after the water service contract has been approved
Outside city limits water contract for Swan Village Phase I Subdivision
AGENDA MEMORANDUM
Resolution for the City Council on 1/12/2021
and recorded in the Nueces County records. Pursuant to the requirements of the water service
contract, construction of homes may only occur in compliance with City regulations, including
building construction permit requirements, as though the property were inside the City.
Swan Village Phase 1 Subdivision was approved by the Planning Commission on January 09,
2019 and recorded in the Nueces County map records on November 24, 2020. Swan Village
Phase 1 Subdivision is located south of Farm to Market Road 2444 (S Staples Street) and
between County Road 43 and County Road 41
Staff recommends City Council approve authorizing the City Manager or designee to enter into
outside city limits water contracts with the property owner to provide public water to their property
located outside the city limits.
A city water meter will not be issued until an OCL water contract has been approved by City
Council and recorded in the Nueces County records. Pursuant to the requirements of the water
service contract, future improvements may only occur if they are in compliance with city
regulations, including building permit and inspection requirements.
ALTERNATIVES:
Deny or amend the agreement
FINANCIAL IMPACT:
If approved, the city will collect fees associated with platting, residential water service, and
building permitting and inspections associated with future additions to the home or other
structures built on the property.
Funding Detail:
Fund: N/A
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommends City Council authorizing of OCL water contract with GTHH Development, LLC
for their property located at FM 2444 within the Corpus Christi ETJ.
LIST OF SUPPORTING DOCUMENTS:
Resolution
OCL Water Contract (with Exhibits)
Presentation
Page 1 of 1
Resolution authorizing outside city limits water contract with GTHH
Development, LLC to provide public water to the property located
outside the city limits described as Swan Village Phase I Subdivision
Lots 1-21, Block 1, Lots 1-25, Block 2 and Lots 1-16, Block 3 for Swan
Village Phase I Subdivision, also commonly known by its street address
as FM 2444 (S. Staples Street), under Corpus Christi Code Section
55-113
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
Section 1. The City Council authorizes the City Manager or designee to enter into
outside city limits water contract with the property owner of Lots 1-21, Block 1, Lots
1-25, Block 2 and Lots 1-16, Blocks 3 of Swan Village Phase I Subdivision, also
commonly known by its street address as FM 2444 (S. Staples Street), to provide
city water to their respective property located outside the city limits pursuant to Chapter
55, Article VIII of the City Code of Ordinances.
PASSED AND APPROVED on the ______ day of _________, 2021:
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
_______________________
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta
City Secretary
Paulette M. Guajardo
Mayor
Exhibit "A"
Water Contract Location Map
City Council Presentation
January 12, 2021
Swan Village Phase 1 Subdivision
FM 2444 (S. Staples St.)
Block 1, Lots 1-21
Block 2 Lots 1-25
Block 3, Lots 1-16
Total of 62 Residential Lots,
OUTSIDE CITY LIMITS WATER CONTRACT
SERVICE AGREEMENT
VICINITY MAP
N
CR 41AFM 2444 (S. Staples St.)
CR 18CR 43CR 41OUTSIDE CIITY LIMITS
N
PLAT OF
SWAN VILLAGE PHASE 1 SUBDIVISION
AREIAL MAP
N
CR 43
8-inch water line
12 Fire Hydrants 6-inch water line
CR 41
FM 2444
CR 43FM 2444
CR 41A
Approval
This request is in compliance with the City Code of Ordinances
Sections 55-110
STAFF RECOMMENDATION
Exhibit "A"
Water Contract Location Map
DATE: December 1, 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 $104,013.20 from the State of
Texas, Criminal Justice Division for Victims of Crime Community Outreach Program with a cash
match of $5,265.79 and in-kind match of $23,360.00; appropriating $104,013.20 in the Police
Grants Fund; authorizing two Full Time Employee positions; and authorizing a transfer of
$5,265.79 from the General Fund to the Police Grants Fund.
SUMMARY:
Funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime
Act Formula Grant Program. The grant provides funds to projects designed to assist victims in
stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to
cooperation with law enforcement and the criminal justice system due to the emotional and
physical impact of the crime.
BACKGROUND AND FINDINGS:
The grant provides funding for a victim case manager for community outreach to identify resistant
or reluctant victims of crime and to assist victims in understanding and participating in the criminal
justice system. Through public presentations, multi-disciplinary meetings, and legal advocacy, the
case manager will provide crisis intervention and follow-up services in order to establish rapport
and build resiliency of victims in districts at high risk for violence. A Staff Assistant maintains
accurate and timely records, including information properly entered into database systems.
The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant,
equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and
the City contributes for salaries as the required 20% match. The grant period is 10/1/2020 –
9/30/2021 and is not on a declining percentage or ending funding cycle. This is the 8th year of the
program.
ALTERNATIVES:
Accepting and appropriating the Victim of Crimes Community Outreach Grant within the
Police Department
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting January 12, 2021
Second Reading Ordinance for the City Council Meeting January 19, 2021
The grant provides services to victims of crime that would need to be funded from a different
source if the grant were not accepted or not be available.
FISCAL IMPACT:
The Victims of Crimes Act Grant in the amount of $104,013.20, will increase the Police Grants
Revenue for the Victims of Crime Community Outreach Program with a cash transfer from the
General Fund to the Police Grants Fund for the City cash match.
Funding Detail:
Fund: 1020 & 1061
Organization/Activity: 1020-60035 / 1061-822219F
Mission Element: 156
Project # (CIP Only): N/A
Account: 548590 – Cash-Contrib-Grant match
510100 Salaries and Wages
511000 Retirement
513000 Group insurance benefits
513001 Other employee benefits
530160 Rentals
530200 Telephone/telegraph
547010 Travel
548120 Self Insurance Allocation
RECOMMENDATION:
Staff recommends accepting the grant application and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Award letter
Ordinance authorizing acceptance of a grant in an amount of
$104,013.20 from the State of Texas, Criminal Justice Division for
Victims of Crime Community Outreach Program with a cash match of
$5,265.79 and in-kind match of $23,360.00; appropriating the
$104,013.20 in the Police Grants Fund; authorizing two FTEs for one
Victim Case Manager and one Staff Assistant; and authorizing a
transfer of $5,265.79 from the General Fund to 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 the State of Texas, Criminal Justice Division in the
amount of $104,013.20 to continue the Victims of Crime Community Outreach Program
within the Police Department with a cash match of $5,265.789 and an in-kind match of
$23,360.00 from the No. 1020 General Fund.
SECTION 2. $104,013.20 is appropriated in the No. 1061 Police Grants Fund to continue
the Victims of Crime Community Outreach Program in the Police Department.
SECTION 3. Two FTEs are authorized as a Victim Case Manager and a Staff Assistant.
SECTION 4. The transfer of $5,265.79 from the No. 1020 General Fund to the No. 1061
Police Grants Fund as grant matching funds is authorized and appropriated.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
DATE: November 25, 2020
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
rrocha@cctexas.com
361-826-3938
CAPTION:
Ordinance authorizing the acceptance of five grants totaling $332,809.19 from the Texas
Office of the Governor — Homeland Security Grant Division, Homeland Security Grant
Program for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident
Command Training Program for $88,134.05, Airport Medical Response Equipment for
$4,585.00, and Regional Hazmat Response Enhancement for $79,875.00; and
appropriating $332,809.19 in the FY 2021 Fire Grants Fund.
SUMMARY:
This ordinance authorizes the acceptance and appropriation of five grants totaling $332,809.19
from the Homeland Security Grant Program (HSGP). The equipment and training provided
through these grants will support local and state efforts to prevent terroristic and catastrophic
events and prepare for the threats and hazards that pose the greatest risk to the security of Texas
citizens.
BACKGROUND AND FINDINGS:
Since 2002, the Corpus Christi Fire Department (CCFD) has submitted grant applications to the
HSGP on behalf of the Fire Department and other City departments. In FY 2020, the City of
Corpus Christi was awarded two grants totaling $333,666.41 from the Homeland Security Grant
Program.
The HSGP is a federal grant program that is managed by the State and administered through the
Coastal Bend Council of Governments, which is a volunteer association of local governments,
cities and counties, and other public and private entities.
Acceptance of five grants totaling $332,809.19 from the Texas Office of the Governor –
Homeland Security Grant Division
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting January 12,2020
Second Reading Ordinance for the City Council Meeting January 26,2020
Project Description:
The five grants awarded under the 2020 HSGP are titled Bomb Squad Detection, Dive Trailer,
Incident Command Training Program, Airport Medical Response Equipment, and Regional
Hazmat Response Enhancement.
The Bomb Squad Detection grant will provide the CCPD bomb squad with detection tools to
provide enhanced protection for the members and more efficient response times. The Dive Trailer
grant will provide the CCPD Search & Recovery Dive Team with a trailer to rapidly deploy
supplies, gear, and equipment to incidents. The Incident Command Training Program will allow
the CCFD to create an incident command training center. The Airport Medical Response
Equipment will improve the Corpus Christi International Airport’s response and preparedness
capabilities by providing medical equipment. The Regional Hazmat Response Enhancement
grant will provide a chemical identification system and training on the device for the CCFD Hazmat
Team.
ALTERNATIVES:
The alternative to accepting these grants would be to decline grant awards and seek alternative
funding.
FISCAL IMPACT:
Acceptance of five grants totaling $332,809.19 for Bomb Squad Detection for $116,151.38, Dive
Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical
Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for
$79,875.00 and appropriating into the FY 2021 1062 Fire Grants Fund. Neither a cash match nor
an in-kind match is required for this grant.
Funding Detail:
Fire Grants Fund: 1062
Organization/Activity: 821261F, 821262F, 821263F, 821264F and 821265F
Mission Element: 093
Project # (CIP Only): N/A
Account: 520090 – Minor Tools and Equipment
RECOMMENDATION:
Staff recommends approval of this ordinance to accept and appropriate five grants totaling
$332,809.19 for the purchase of terrorism prevention equipment and training.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance authorizing the acceptance of five grants totaling
$332,809.19 from the Texas Office of the Governor - Homeland
Security Grant Division, Homeland Security Grant Program for Bomb
Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident
Command Training Program for $88,134.05, Airport Medical Response
Equipment for $4,585.00, and Regional Hazmat Response
Enhancement for $79,875.00; and appropriating $332,809.19 in the
FY2021 Fire 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 five grants totaling of $332,809.19 from the Texas Office of the
Governor — Homeland Security Grant Division, Homeland Security Grant Program for
Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command
Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00,
and Regional Hazmat Response Enhancement for $79,875.00.
Section 2. $332,809.19 from the Texas Office of the Governor— Homeland Security
Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire
Grants Fund for Bomb Squad Detection for $116,1 51.38, Dive Trailer for $44,063.76,
Incident Command Training Program for $88,134.05, Airport Medical Response
Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Statement of Grant Award (SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement
and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’
tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements, with or without advance notice to the Grantee.
By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number:4078601 Award Amount:$4,585.00
Date Awarded:10/16/2020 Grantee Cash Match:$0.00
Grant Period:01/01/2021 - 06/30/2021 Grantee In Kind Match:$0.00
Liquidation Date:09/28/2021 Total Project Cost:$4,585.00
Program Fund:HS-Homeland Security Grant Program (HSGP)
Grantee Name:Corpus Christi, City of
Project Title:Airport Medical Response Equipment
Grant Manager:Dorothy Caston
DUNS Number:069457786
CFDA:97.067 - Homeland Security Grant Program (HSGP)
Federal Awarding
Agency:U.S. Department of Homeland Security, Federal Emergency Management Agency
Federal Award
Date:9/4/2020
Federal/State
Award ID
Number:
EMW-2020-SS-00054
Total Federal
Award/State
Funds
Appropriated:
$98,320,229.00
Pass Thru Entity
Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD)
Page 1 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=3F-38-50-42...
Is the Award
R&D:
No
Federal/State
Award
Description:
The purpose of the HSGP is to support state and local efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to
the security of the United States. The HSGP provides funding to implement investments that build,
sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the
Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core
capabilities are not exclusive to any single level of government, organization, or community, but rather,
require the combined effort of the whole community.
Page 2 of 2Office of the Governor
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Statement of Grant Award (SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement
and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’
tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements, with or without advance notice to the Grantee.
By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number:4067701 Award Amount:$116,151.38
Date Awarded:10/16/2020 Grantee Cash Match:$0.00
Grant Period:01/01/2021 - 06/30/2021 Grantee In Kind Match:$0.00
Liquidation Date:09/28/2021 Total Project Cost:$116,151.38
Program Fund:HS-Homeland Security Grant Program (HSGP)
Grantee Name:Corpus Christi, City of
Project Title:Bomb Squad Detection
Grant Manager:Dorothy Caston
DUNS Number:069457786
CFDA:97.067 - Homeland Security Grant Program (HSGP)
Federal Awarding
Agency:U.S. Department of Homeland Security, Federal Emergency Management Agency
Federal Award
Date:9/4/2020
Federal/State
Award ID
Number:
EMW-2020-SS-00054
Total Federal
Award/State
Funds
Appropriated:
$98,320,229.00
Pass Thru Entity
Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD)
Page 1 of 2Office of the Governor
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Is the Award
R&D:
No
Federal/State
Award
Description:
The purpose of the HSGP is to support state and local efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to
the security of the United States. The HSGP provides funding to implement investments that build,
sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the
Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core
capabilities are not exclusive to any single level of government, organization, or community, but rather,
require the combined effort of the whole community.
Page 2 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=C8-8A-92-C...
Statement of Grant Award (SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement
and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’
tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements, with or without advance notice to the Grantee.
By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number:4077301 Award Amount:$44,063.76
Date Awarded:10/16/2020 Grantee Cash Match:$0.00
Grant Period:01/01/2021 - 06/30/2021 Grantee In Kind Match:$0.00
Liquidation Date:09/28/2021 Total Project Cost:$44,063.76
Program Fund:HS-Homeland Security Grant Program (HSGP)
Grantee Name:Corpus Christi, City of
Project Title:Dive Trailer
Grant Manager:Dorothy Caston
DUNS Number:069457786
CFDA:97.067 - Homeland Security Grant Program (HSGP)
Federal Awarding
Agency:U.S. Department of Homeland Security, Federal Emergency Management Agency
Federal Award
Date:9/4/2020
Federal/State
Award ID
Number:
EMW-2020-SS-00054
Total Federal
Award/State
Funds
Appropriated:
$98,320,229.00
Pass Thru Entity
Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD)
Page 1 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=93-95-B1-9...
Is the Award
R&D:
No
Federal/State
Award
Description:
The purpose of the HSGP is to support state and local efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to
the security of the United States. The HSGP provides funding to implement investments that build,
sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the
Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core
capabilities are not exclusive to any single level of government, organization, or community, but rather,
require the combined effort of the whole community.
Page 2 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=93-95-B1-9...
Statement of Grant Award (SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement
and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’
tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements, with or without advance notice to the Grantee.
By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number:4079501 Award Amount:$79,875.00
Date Awarded:10/16/2020 Grantee Cash Match:$0.00
Grant Period:01/01/2021 - 09/30/2021 Grantee In Kind Match:$0.00
Liquidation Date:12/29/2021 Total Project Cost:$79,875.00
Program Fund:HS-Homeland Security Grant Program (HSGP)
Grantee Name:Corpus Christi, City of
Project Title:Regional HazMat Response Enhancement
Grant Manager:Dorothy Caston
DUNS Number:069457786
CFDA:97.067 - Homeland Security Grant Program (HSGP)
Federal Awarding
Agency:U.S. Department of Homeland Security, Federal Emergency Management Agency
Federal Award
Date:9/4/2020
Federal/State
Award ID
Number:
EMW-2020-SS-00054
Total Federal
Award/State
Funds
Appropriated:
$98,320,229.00
Pass Thru Entity
Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD)
Page 1 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=E8-E9-A2-...
Is the Award
R&D:
No
Federal/State
Award
Description:
The purpose of the HSGP is to support state and local efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to
the security of the United States. The HSGP provides funding to implement investments that build,
sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the
Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core
capabilities are not exclusive to any single level of government, organization, or community, but rather,
require the combined effort of the whole community.
Page 2 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=E8-E9-A2-...
Statement of Grant Award (SOGA)
The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement
and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the
Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments,
divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or
which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations
hereunder of each of the Parties hereto.
The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’
tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of
this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and
requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies.
The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant
Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not
limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas
Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public
Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal
funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents
referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable
version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For
grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published
by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and
requirements, with or without advance notice to the Grantee.
By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project,
agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated
herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee
has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited
below:
Grant Number:4076001 Award Amount:$88,134.05
Date Awarded:10/16/2020 Grantee Cash Match:$0.00
Grant Period:01/01/2021 - 12/31/2021 Grantee In Kind Match:$0.00
Liquidation Date:03/31/2022 Total Project Cost:$88,134.05
Program Fund:HS-Homeland Security Grant Program (HSGP)
Grantee Name:Corpus Christi, City of
Project Title:Incident Command Training Program
Grant Manager:Dorothy Caston
DUNS Number:069457786
CFDA:97.067 - Homeland Security Grant Program (HSGP)
Federal Awarding
Agency:U.S. Department of Homeland Security, Federal Emergency Management Agency
Federal Award
Date:9/4/2020
Federal/State
Award ID
Number:
EMW-2020-SS-00054
Total Federal
Award/State
Funds
Appropriated:
$98,320,229.00
Pass Thru Entity
Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD)
Page 1 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=ED-06-A4-...
Is the Award
R&D:
No
Federal/State
Award
Description:
The purpose of the HSGP is to support state and local efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to
the security of the United States. The HSGP provides funding to implement investments that build,
sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the
Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core
capabilities are not exclusive to any single level of government, organization, or community, but rather,
require the combined effort of the whole community.
Page 2 of 2Office of the Governor
11/25/2020https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i1=10&gh=ED-06-A4-...
DATE: December 4, 2020
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
rrocha@cctexas.com
361-826-3938
CAPTION:
Ordinance authorizing acceptance of a $2,500 donation from ExxonMobil Pipeline
Company to support the Corpus Christi Fire Department’s emergency response
capabilities; and appropriating $2,500 into the Fire Grants Fund.
SUMMARY:
This ordinance authorizes the execution of all documents necessary to accept and
appropriate one donation totaling $2,500 from ExxonMobil. The grant funds will support
the emergency response capabilities of the Corpus Christi Fire Department.
BACKGROUND AND FINDINGS:
The ExxonMobil Pipeline Company has donated $2,500 to the Corpus Christi Fire
Department as part of their FY 2021 Good Neighbor Grant. This is the second Good
Neighbor Grant donation the Fire Department has received from ExxonMobil Pipeline. In
FY 2019, ExxonMobil Pipeline first donated the Good Neighbor Grant to the Fire
Department. The Department utilizes these funds to purchase supplies for the Hazmat
Material Response Program.
ALTERNATIVES:
If the City does not accept the grant, it will not be able to utilize the $2,500 given to the
Department to make needed purchases that help increase emergency response
capabilities.
Acceptance and appropriation of a donation for $2,500 from ExxonMobil Pipeline
Company
AGENDA MEMORANDUM
First Reading for the City Council Meeting January 12, 2021
Second Reading for the City Council Meeting of January 26, 2021
FISCAL IMPACT:
Acceptance of grant funding in the amount of $2,500 and appropriating $2,500 to the
Fire Department Grand fund.
Funding Detail:
Fund: 1062
Organization/Activity: 840021L
Mission Element: 093
Project # (CIP Only): N/A
Account: 520090 – Small Tools & Equipment
RECOMMENDATION:
Staff recommends that City Council approve the acceptance and appropriation of this
grant fund in the amount of $2,500.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Award Letter
Ordinance authorizing acceptance of a $2,500.00 donation from ExxonMobil
Pipeline Company to support the Corpus Christi Fire Department’s
emergency response capabilities; and appropriating $2,500.00 in the Fire
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 accept a $2,500.00 donation
from ExxonMobil Pipeline Company to support the Corpus Christi Fire Department’s
emergency response capabilities.
SECTION 2: $2,500.00 from ExxonMobil Pipeline Company is appropriated in the Fire
Grant Fund No. 1062 to be used to support the Corpus Christi Fire Department’s
emergency response capabilities.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
AGENDA MEMORANDUM
First Reading for the City Council Meeting of January 12, 2021
Second Reading for the City Council Meeting of February 9, 2021
DATE: November 9, 2020
TO: Peter Zanoni, City Manager
THRU: Michael Rodriguez, Chief of Staff
michaelrod@cctexas.com
(361)826-3851
FROM: Jeffrey Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Ordinance authorizing the renewal of a 15-year lease agreement with Lady Lex Museum
on the Bay Association that authorizes the use of a portion of the submerged lands owned
by the City of Corpus Christi and adjoining City property for the U.S.S. Lexington for the
operation of the museum and authorizing an annual rental fee of $1.00. (City Charter
requires a 28-day delay between 1st & 2nd readings.)
SUMMARY:
The Lady Lex on the Bay Association operates the Lexington Museum on submerged lands
located on Corpus Christi Bay. The Association has requested a renewal of the lease agreement.
BACKGROUND AND FINDINGS:
The Lady Lex Museum on the Bay Association operates the USS Lexington Museum on
submerged lands located in the Corpus Christi Bay that are owned by the City. The first lease was
authorized February 18, 1992 for five years and renewed in 1996 and 2001. In 2004, the City
Charter was amended to permit up to 15-year terms for this type of lease. In 2006, the lease was
renewed for 15 years, January 16, 2006 to January 15, 2021. The Association is requesting the
15-Year Lease Agreement
Lady Lex Museum on the Bay Association
renewal of the lease agreement which will expire January 15, 2021.
The leased land shall be used for the U.S.S. Lexington, for operation as a museum, construction
and maintenance of a pier and small accessory buildings, such as ticket booths. Under this lease
agreement the Association is required to maintain hours of operation open to the public and
admission fees similar to other attractions. The Association is responsible for all maintenance and
upkeep of the facilities and leased land. The U.S.S. Lexington is not owned by the City and is
under the operation of the Lady Lex on the Bay Association.
Per City Charter, the lease agreement renewal will be effective 60 days after final reading of the
ordinance.
ALTERNATIVES:
If the lease is not renewed the museum would not be able to functionally operate. City Charter
requires a 28-Day delay between readings for approval of the lease. Second Reading of this item
will be February 9, 2021.
FISCAL IMPACT:
The fiscal impact in FY 2021 is the appropriation of the annual lease payment in an amount of
$1.00 to the General Fund.
Funding Detail:
Fund: 1020 General Fund
Organization/Activity: 11020 General Government
Mission Element: 888 Revenues
Project # (CIP Only): n/a
Account: 343400 Property Rentals
RECOMMENDATION:
City staff recommends passage of the Ordinance approving the 15-year lease agreement with the
Association.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Ordinance
Ground Lease agreement
Ordinance authorizing the renewal of a 15 year lease agreement with
Lady Lex Museum on the Bay Association that authorizes the use of a
portion of the submerged lands owned by the City of Corpus Christi
and adjoining City property for the U.S.S. Lexington for the operation
of the museum and authorizing an annual rental fee of $1.00. (Requires
a 28-day delay between 1st & 2nd readings.)
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 15 year lease
agreement with the Lady Lex Museum on the Bay Association (“Association”) authorizing
the use of a portion of the submerged lands patented to the City by the State of Texas
and adjoining littoral City property for the berthing of the U.S.S. Lexington at a pier
constructed by the Association and operation of a museum.
SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins
on the 61st day after City Council adoption of this ordinance on second and final reading
and will have a term of 15 years. The second and final reading of this ordinance is at
least 28 days after the first reading.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance be given full force and effect for its purpose.
SECTION 4. Publication shall be made in the official publicat ion of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 2021, by the following vote:
Paulette M. Guajardo_______________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
That the foregoing ordinance was read for the second time and passed finally on this
the _____ day of __________ 2021, by the following vote:
Paulette M. Guajardo_______________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
37
181
37
37
77
181
37
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
LADY LEX MUSEUM ON THE BAY
ASSOCIATION
LOCATION MAP
NOT TO SCALE PROJECT NUMBER: [20XXXX]
VICINITY MAP
NOT TO SCALE
LEXINGTON MUSEUM
LEXINGTON MUSEUM
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
AERIAL MAP
NOT TO SCALEHARBOR BRIDGELADY LEX MUSEUM ON THE BAY
ASSOCIATION
CORPUS CHRISTI
BAY
SHIP
C
H
A
N
N
E
L
LEXINGTON MUSEUM
BR
I
D
G
E
P
O
R
T
A
V
E
.
BR
E
A
K
W
A
T
E
R
A
V
E
.
Page 1 of 11
LEASE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Lease Agreement is made and entered into by and between the City of Corpus
Christi, Texas, a municipal corporation ("City") and the Lady Lex Museum on the Bay
Association, a nonprofit corporation ("Association"), on the terms and co nditions
hereinafter set forth.
1. LEASE PREMISES. The City, in consideration of the Association's faithful
performance of the covenants described herein, leases to the Association the following
described land, hereinafter called the "Leased Land":
That certain portion of the submerged lands of Corpus Christi Bay patented by the
State of Texas to the City of Corpus Christi by Patent No. 86, Volume 21-A, dated
January 4, 1924, together with a certain portion of Corpus Christi Beach adjacent
thereto, all of which is described, on Exhibit A, which is attached to and
incorporated into this lease for all purposes.
2. TERM. The term of this Lease shall commence at 12:01 a.m., January 16, 2021,
and shall continue until midnight, January 15, 2036. If Lease renewal negotiations are in
progress at the expiration of the Lease, but with a signed renewal not yet in place, this
Lease will be considered to remain in effect during the remainder of the renewal process.
3. REPLACEMENT LEASE. This Lease replaces that prior lease dated January 16,
2006, authorized by Ordinance No.026548 of the City Council of the City.
4. RENTAL. The Association agrees to pay to the City, or its designated agent,
rentals in the amount of ONE DOLLAR ($1.00) per year, then, in advance, on the first day
of the Lease. This consideration is given in addition to the other covenants and obligations
of the Association provided under this Lease Agreement.
5. PERMITTED USE. The Leased Land shall be used for the berthing of the USS
Lexington, its operation by the Association as a museum, construction and maintenance
of a pier and small accessory buildings, such as ticket booths, together with any and all
related uses authorized for organizations exempt from Federal income taxation under
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Association
shall endeavor to operate the facility as a first -class naval museum and meet all
requirements of the U.S. Navy for maintaining the USS Lexington. The Association shall
maintain hours of operation open to the pub lic and admission fees similar to comparable
attractions.
Page 2 of 11
6. LIMITATION OF LEASEHOLD. The City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted the Association in and to the
Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of
record or apparent. Nothing contained in this Lease may be construed to imply the
conveyance to the Association of rights in the Leased Premises that exceed those owned
by City.
7. CITY USE. The City retains the right to use or cross the Premises with utility lines
and easements. City may exercise these rights without compensation to the Association
for damages to the Premises from installing, maintaining, repairing, or removing the utility
lines and easements. City must use reasonable judgment in locating the utility lines and
easements to minimize damage to the Premises.
8. COMPLIANCE WITH LAWS. The Association agrees to comply with all laws,
ordinances, orders, rules, regulations, and requirements of Federal, State, and local
governments, and of all of their departments, applicable to the Leased Land. This Lease
is also subject to applicable provisions of the City Charter.
9. WETLANDS. The Leased Land may contain officially designated wetla nds, and
the Association agrees that said wetland areas will not be altered, damaged, or
constructed upon unless the proper permit has been obtained from the appropriate
regulating entities. The Association shall be responsible for obtaining all such neces sary
permits and completing any required mitigation. Any such mitigation project shall be
considered a necessary and related construction project for the improvements
contemplated to be constructed under this Lease Agreement.
10. MAINTENANCE. The Association accepts the Leased Land in its present
condition, AS IS and WITH ALL FAULTS. The Association shall throughout the term of
this Lease Agreement take good care of the Leased Land, including the mooring, piers,
ticket booths, and all other improvements located thereon, keep them free from waste or
nuisance of any kind, and shall be responsible for and shall perform , or cause to be
performed, maintenance, including custodial maintenance, and repair of the Leased Land
and the facilities located thereon.
11. INSURANCE.
a. The Association shall secure and maintain at the Association's expense, during
the term of this Lease, insurance of the type and with the amount of coverage
shown on the attached Exhibit B, which is incorporated in this Lease by
reference. The Association shall use an insurance company or companies
acceptable to the Risk Manager. Failure to maintain the insurance during the
term of this Lease, at the limits and requirements shown on Exhibit B,
constitutes grounds for termination of this Lease.
b. The Association shall provide, during the term of this Lease, copies of all
Page 3 of 11
insurance policies to the Risk Manager upon written request by the City
Manager.
c. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by the Association, to require increased coverage limits,
if necessary, in the interest of public health, safety, or welfare, and to decrease
coverage, if so warranted. In the event of any necessary increase, the
Association must receive 30 days written notice prior to the effective date of the
requirement to obtain increased coverage.
12. UTILITIES. The Association shall be responsible for obtaining water, sewer,
electricity, and gas service connections for use on the Leased Land , and the Association
shall pay all utility connection charges related thereto. During the term of this Lease, the
Association shall further pay when due all charges and costs for utilities consumed on the
Leased Land.
13. TAXES OR OTHER IMPOSITIONS.
a. The Association shall timely pay any and all ad valorem taxes or other
impositions, if any, which may be levied, assessed , or otherwise imposed
pursuant to its occupancy of the Leased Land and the improvements located
thereon during the term of this Lease.
b. The Association shall promptly remit to the Comptroller for the State of Texas
all sales taxes collected from its activities on the Leased Land.
14. INSPECTION. The City, its employees, and designated agents shall have the
right to enter upon the Leased Land at all times for the purposes of inspection, for
emergency repairs to utility systems, and to otherwise protect its interests as Landlord
hereunder. Nothing herein shall be construed to restrict the City in the exercise of any of
its police powers.
15. CITY MANAGER'S RIGHT TO ACCESS PREMISES IN EMERGENCY.
a. The Association shall provide the City Manager access to Premises, and a
current list of contact names and phone numbers for use by the City Manager
in the event of an emergency.
b. The City Manager has the right to enter the Premises during the regular hours
of normal operation or at any time in an emergency.
16. SIGNS. The Association shall comply with all City codes and regulations when
placing any advertising signs on the Leased Land. All such signs shall be kept in a
continual state of good repair, and failure to do so may result in removal of s aid signs
from the Leased Land.
Page 4 of 11
17. NO DEBTS. The Association may not incur any debts or obligations on the credit
of the City during the term of this Lease, including during any Holdover Period that may
occur.
18. LIENS. The Association shall not permit any mechanic's, materialman's, or other
liens to be fixed or placed against the Leased Land and agrees to immediately discharge
(either by payment or by filing the necessary bond, or otherwise) any such liens which
are allegedly fixed or placed against the Leased Land. The Association reserves the right
to contest with due diligence the reasonableness of any such charges or impositions
against the Leased Land, and the City agrees not to interfere with such contested
proceedings or otherwise to declare a default under this Lease due to such proceedings.
19. HAZARDOUS MATERIALS. With respect to any substances defined as or
included in the definition of "hazardous substances," "hazardous wastes," "hazardous
materials," or 'toxic substances" under any applicable Federal, State, or local laws,
ordinances, or regulations (including, without limitation, friable asbestos and asbestos
deemed hazardous by Federal or State regulations), such substances collectively
referred to hereinafter as "Hazardous Materials" and such laws, ordinances, and
regulations together with all rules, orders, and permits pursuant thereto collectively
referred to hereinafter as "Hazardous Materials Laws," the Association:
a. represents that the Association will not (i) store, bury, install, transport, treat, or
dispose of any Hazardous Materials at, to, or from the Leased Land in violation
of any applicable Hazardous Materials Laws, or (ii) cause or allow the release,
discharge, emission, leak, spill, or dumping of any Hazardous Materials at or
from the facilities on the Leased Land, except for those releases allowed under
applicable Hazardous Materials Laws;
b. covenants to (i) comply with all applicable Hazardous Materials Laws with
respect to the manufacture, storage, transmission, presence, discharge , and
removal of Hazardous Materials at or from the facilities on the Leased Land, (ii)
pay promptly within 30 days of when demand is made the costs of any required
removal of any Hazardous Materials from the Leased Land and keep the
Leased Land free of any lien imposed pursuant to any Hazardous Materials
Laws, (iii) not locate nor allow location of any underground storage tanks on
the Leased Land, (iv) not locate any materials containing asbestos of any type
or nature on the Leased Land, and (v) notify Landlord promptly in writing of the
commencement of any legal or regulatory proceedings relating to Hazardous
Materials affecting the Leased Land;
c. represents that the Association will not cause or allow the release, discharge,
emission, leak, spill, or dumping of any Hazardous Materials or oil in harmful
quantities at or from the facilities on the Leased Land into the waters of the
United States and State of Texas, except for those releases allowed under
Page 5 of 11
applicable laws; and
d. agrees to indemnify and to hold harmless the City, its officers,
employees, agents, and successors, and assigns from and against any
and all claims, demands, causes of action, loss, damage, liabilities, costs,
and expenses (including attorney fees and court costs) of any and every
kind or character, known or unknown, fixed or contingent, asserted
against or incurred by the City at any time, or from time to time, by reason
of or arising out of any violation of any Hazardous Materials Laws or the
release, discharge, emission, leak, spill, or dumping of any Hazardous
Materials or oil in harmful quantities at or from the facilities on the Leased
Land into the waters of the United States and State of Texas occurring
since the commencement of the Association's occupancy of the Leased
Land. The Association's obligations hereunder shall arise upon the
discovery of the presence of any Hazardous Materials, whether or not any
Federal agency or any State or local environmental agency has taken or
threatened any action in connection with the presence of any Hazardous
Materials. The foregoing indemnity shall survive the expiration of this
Lease. In the event the Association fails, after reasonable notice, to pay
any amounts described in this provision, the City may, but shall not be
obligated to, cause the Hazardous Materials to be removed from the
Leased Land and the cost of such removal shall be payable by the
Association; provided, however, that the Association may in good faith
contest the reasonableness or necessity of any requirement by any
Federal, State, or local environmental agency, and upon the Association's
providing reasonable security to assure its performance, the City agrees
not to interfere in the Association's proceedings with such agency.
20. INDEMNITY. The Association hereby covenants and agrees to at all times
indemnify and save harmless the City, its officers, employees, and agents from and
against any cost, liability, damages, or expense arising out of any claim by any
person or persons whatsoever by reason of the use or misuse of the Leased Land
and shall indemnify and save harmless the City from any penalty, damage, or
charge incurred or imposed by reason of any violation of law or ordinance by the
Association, and shall indemnify and save harmless the City from any cost liability,
damages, or expense arising out of the death of or injury of any person or persons
or damage to property arising out of the Association's operations on the Leased
Land. The Association specifically agrees to indemnify and save harmless the City,
its officers, employees, and agents from and against any cost liability, damages,
or expense arising out of any claim due to the death or injury of any em ployee of
the Association or through a right of subrogation by an Insurance company.
21. ASSOCIATION FINANCES AND INSPECTIONS. During the term of this Lease,
the Association shall furnish to the City a copy of its annual audited financial report within
Page 6 of 11
120 days of the end of each fiscal year of the Association . Additionally, the Association’s
annual budget, financial reports, and inspection reports are available upon written request
by the City Manager.
22. DEFAULT. In the event the Association fails to comply with any covenant or
condition of this Lease, after 30 days written notice of same, with an opportunity to cure
during such period, the Lease shall be considered to be in default.
23. REMEDIES. In the event of any default in the performance of this Lease by the
Association, the Association may submit to the City, within 20 days of such default, a
remediation plan showing the manner in which the Association plans to remedy the
default, a detailed budget supporting the plan, the parties involved in rem edying such
default, and a detailed timeline for the implementation of such plan. Upon any such
default, the City shall have the right to:
a. Approve the remediation plan submitted by the Association and continue to
monitor compliance with the plan. In such case, any default by the Association
in the remediation plan shall constitute a new default under this Lease.
b. Require that changes be made in the remediation plan submitted by the
Association. In such case, if the Association concurs with such changes , the
remediation plan shall proceed as provided above. If the Association does not
concur in such changes, the City shall have the right to exercise any of the
remedies provided below.
c. Adopt a remediation plan, in the event one is not submitted by the Association.
In such case, if the Association fails to comply with the requirements of such
plan, the City shall have the right to exercise any of the remedies provided
below.
d. Require a change in any or all of the members of the board of directors of th e
Association or the management of the Association, including the appointment
by the City of a new board of directors to govern the Association in accordance
with its articles of incorporation and bylaws.
e. Notify the Association of the termination of this Lease and direct the Association
to vacate the Leased Land, subject to making any necessary arrangements for
the maintenance or relocation of the USS Lexington consistent with the
requirements of the United States Navy. In such event, the Association sha ll
proceed with due diligence in completing such relocation, and if the Association
fails to diligently complete such relocation, the City may exercise its rights in
(d) above.
24. NONDISCRIMINATION. The Association shall be responsible for the fair and just
treatment of all its employees and patrons. The Association warrants that it is and will
Page 7 of 11
continue to be an equal opportunity employer, and it hereby covenants that no employee
or customer shall be discriminated against because of race, creed, color, sex, national
origin or disability.
25. DRUG POLICY. The Association must adopt a Drug Free Workplace and Drug
Testing Policy.
26. VIOLENCE POLICY. The Association must adopt a No Violence in the Workplace
Policy.
27. ASSIGNMENT. The Association may not assign this Lease nor sublease the
Leased Land, or any part thereof, without the written consent of the City Council, which
consent shall not be unreasonably withheld. Such assignment shall not relieve the
Association from its obligations hereunder unless such release is expressly granted by
the City in approving such assignment.
28. FORCE MAJEURE. If by reason of force majeure either party hereto shall be
rendered wholly or in part unable to carry out its obligations under this Lease , then except
as otherwise expressly provided in this Lease, if such party shall give notice and the full
particulars of such force majeure in writing to the other party, within a reasonable time
after the occurrence of such event or cause, the obligations of said party giving such
notice, so far as they are affected by such force majeure, shall be suspended, and such
party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term "force majeure" shall mean acts of God, strikes, industrial disturbances, acts of
public enemy, orders of any kind of the government of the United States or the State of
Texas, riots, epidemics, hurricanes, fires, floods, civil disturbances, explosions, or other
accidents or causes not reasonably within the control of the party claiming such inability.
29. MODIFICATIONS. No changes or modifications to this Lease shall be made, nor
any provisions waived, unless in writing, signed by a person authorized to sign
agreements on behalf of each party.
30. LEASE RELATIONSHIP. It is specifically agreed and understood by the parties
hereto that a landlord-tenant relationship is created under the terms of this Lease. This
Lease must be construed conclusively in favor of that relationship. In perf orming under
this Lease, both the City and the Association will act in an individual capacity and not as
agents, representatives, employees, employers, partners, joint -venturers, or associates
of one another. The employees or agents of either party may not be, nor be construed to
be, the employees or agents of the other party for any purpose. Nothing herein contained
shall be deemed or construed by the parties hereto, nor by any third party, as creating
the relationship of partnership or of joint venture between the parties.
31. CITY AUTHORITY. Except as specifically provided herein, the Association shall
not have any authority to bind the City to any contract, indebtedness, or obligation in any
Page 8 of 11
manner without the express written consent of the City. The City reserves the sole and
exclusive right to exercise its police powers and other governmental authority concerning
any matters related to this Lease.
32. NOTICES. Any notices or other communications relating to this Lease shall be
made in writing and may be given by (a) depositing same in the United States mail;
postage prepaid, certified mail, with return receipt requested, addressed as set forth in
this section, or (b) delivering the same to the party to be notified. Notice given in
accordance with (a) hereof shall be effective upon deposit in the United States mail.
The notice addresses of the parties hereto shall, until changed in the manner of giving
notices as provided herein, be as follows:
CITY: City of Corpus Christi
Attention: City Manager
1201 Leopard Street, 5th Floor
Corpus Christi, Texas 78401
ASSOCIATION: Lady Lex Museum on the Bay Association
Attention: Executive Director
P.O. Box 23076
Corpus Christi, Texas 78403
Physical address: 2914 N. Shoreline Drive
33. ALTERATIONS. The Association may make alterations to the permanent
Improvements located on the land areas comprising the Leased Premises with the
consent of the City Manager or the City, or the City Manager’s designee.
34. NOT FOR BENEFIT OF THIRD PARTIES. This Lease is only for the benefit of the
City and the Association, and no third party has any rights or claims under this Lease or
against the City.
35. PUBLICATION COSTS. The Association shall pay for the cost of publishing the
Lease description and related ordinance, as required by the City's Charter, in the legal
section of the local newspaper.
36. INTERPRETATION AND VENUE. This Lease will be interpreted according to the
Texas laws which govern the interpretation of contracts. Venue lies in Nueces County,
Texas, where this Lease was entered into and will be performed.
37. SURVIVAL OF TERMS. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any termination or expiration; (b) remain to be
performed; or (c) by their nature would be intended to be applicable following any
Page 9 of 11
termination or expiration of this Lease.
38. CAPTIONS. The captions utilized in this Lease are for convenience only and do
not in any way limit or amplify the terms or provisions of this Lease.
39. SEVERABILITY.
a. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application of this Lease to any person or
circumstance is, to any extent, held illegal, invalid , or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction,
then the remainder of this Lease, or the application of the term or provision to
persons or circumstances other than those as to which it is held illegal, invalid,
or unenforceable will not be affected by the law or judgment, for it is the definite
intent of the parties to this Lease that every section, paragraph, subdivision,
clause, provision, phrase, or word of this Lease be given full force and effect
for this purpose.
b. To the extent that any clause or provision is held illegal, invalid , or
unenforceable under present or future law effective during the term of this
Lease, then the remainder of this Lease is not affected by the law, and in lieu
of any illegal, invalid, or unenforceable clause or provision, a clause or
provision, as similar in terms to the illegal, invalid, or unenforceable clause or
provision as may be possible and be legal, valid, and enforceable will be added
to this Lease automatically.
40. ENTIRETY CLAUSE. This Lease and the attachments and exhibits incorporated
into this Lease constitute the entire agreement between the City and the Association for
the purpose granted. All other agreements, promises, representations , and
understandings, oral or otherwise, with reference to the subject matter of this Lease,
unless contained in this Lease, are expressly revoked, as the parties intend to provide for
a complete understanding within the provisions of this Lease and its exhibits of the terms,
conditions, promises, and covenants relating to the Association’s operations and the
Premises to be used in the operations.
41. BINDING LEASE. It is further mutually understood and agreed that the covenants
and agreements contained in the Lease, to be performed by the respective parties, are
binding on the parties and their respective successors and assigns.
42. ACKNOWLEDGEMENT. Each party expressly agrees that it has independently
read and understood this Lease. By the Association’s execution of this Lease, the
Association acknowledges and understands that this Lease is not binding on the City until
properly authorized by the City Council and executed by the City Manager or designee.
Page 10 of 11
LADY LEX MUSEUM ON THE BAY ASSOCIATION
_____________________________
Steve Banta
Executive Director
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on _________________________, 2021,
by Steve Banta, Executive Director, Lady Lex Museum on the Bay Association, a Texas
domestic nonprofit corporation, on behalf of the corporation.
__________________________
Notary Public, State of Texas
Page 11 of 11
CITY OF CORPUS CHRISTI
__________________________ Ord ______________ Authorized
Jeff H. Edmonds, P.E. by Council on _______________
Director of Engineering Services
for City Manager __________________________
City Secretary
Approved as to Legal Form
___________________, 2021
__________________________
Assistant City Attorney for
City Attorney
STATE OF TEXAS §
§
COUNTY OF NUECES §
This instrument was acknowledged before me on _________________________, 202 1,
by Jeff H. Edmonds, P.E., Director of Engineering Services, City of Corpus Christi, a
Texas home rule municipal corporation, on behalf of the corporation.
__________________________
Notary Public, State of Texas
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EXHIBIT B
INSURANCE REQUIREMENTS
I. LESSEE’S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required has been obtained and
such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to
commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Lessee must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of
Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
is required on all applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
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
LIQUOR LIABILITY
When liquor is being sold or served.
$1,000,000 Per Occurrence
PERSONAL PROPERTY INSURANCE
(if applicable)
Lessee, at their own expense, shall be responsible for
insuring all owned, leased or rented personal property.
C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee must obtain workers’ compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient
to assure that all workers’ compensation obligations incurred by the Lessee will be promptly met.
B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension
hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than
A- VII.
C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide 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, Lessee shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend Lessee's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of
this contract.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be
held responsible for payments of damages to persons or property resulting from Lessee's or its
subcontractor’s performance of the work covered under this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit - Legal
Lease Agreement – The Lexington Museum
11/04/2020 Risk Management – Legal Dept.
AGENDA MEMORANDUM
First Reading for the City Council Meeting of January 12, 2021
Second Reading for the City Council Meeting of January 26, 2021
DATE: December 8, 2020
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, Director of Finance and Business Analysis
Heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Ordinance authorizing the resale, by Nueces County as the City’s trustee, of 16
properties, which were foreclosed upon for failure to pay ad valorem taxes, for the total
price of $89,225.00. The City accepts total proceeds of $29,379.07 from the sale of
which $7,988.22 is allocated to the settlement of past due ad valorem taxes and
$21,390.85 is allocated to the settlement of amounts due for City paving and demolition
liens.
SUMMARY:
Nueces County, as trustee for each of the taxing entities, has received offers to
purchase properties that have been foreclosed upon for failure to pay ad valorem taxes.
The governing body from each of the taxing entities (the City of Corpus Christi, Nueces
County, Corpus Christi Independent School District, and Del Mar College) must approve
the offers for resale.
BACKGROUND AND FINDINGS:
Properties within the City of Corpus Christi are periodically foreclosed due to non-
payment of ad valorem taxes. The City and Nueces County entered into an Interlocal
Agreement for the collection of delinquent ad valorem taxes. Nueces County has
contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue
collections of delinquent ad valorem taxes. When all avenues for collections are
exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale
at a public auction by the Sheriff. The opening bid at the “Sheriff’s sale” is set by law
and must be either the aggregate amount of taxes, municipal liens, and court costs due
under the judgment or the adjudged value of the property, whichever is lower. (The
adjudged value is the value stated on the face of the judgment and is the most recent
Approval for the resale of 16 foreclosed properties
tax appraisal value certified by the Nueces County Appraisal District.) If no one is
willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells
it) to the taxing entities. The taxing entities then get the property in lieu of their
delinquent taxes.
The law firm will then put the property on their tax resale list, will nail a “For Sale” sign
on the property, and will solicit purchase offers from the public. When an offer or of fers
are received, they then bring the highest offer forward for consideration and action by
the governing bodies of the involved taxing entities. All the entities must approve the
offer, or it is rejected.
The law firm has proposed the resale of 16 properties at the bid prices listed in Exhibit
B. Each of the 16 properties was reviewed by Engineering, Planning/Environmental and
Strategic Initiatives (ESI), Grant Monitoring, Parks and Recreation, and the Homeless
and Housing Division of the Human Resources Department for potential City use. No
properties were identified to be pulled.
The monies received from this sale are distributed pursuant to the property tax code.
The net proceeds from the sale are first applied to pay off the outstanding court costs ,
which are $32,055.01. These court costs are for the costs associated with the
underlying lawsuits. The remaining funds are then applied on a pro rata basis to each
taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to
execute a Resale Deed for the properties listed so they can be return ed to the property
tax roll for the upcoming year.
ALTERNATIVES:
Not approving the ordinance to move forward with the sale of the properties.
FISCAL IMPACT:
The City will receive $7,988.22 for the sale of the properties and an additional
$21,390.85 for demo liens, for a total of $29,379.07 in revenue. The net proceeds from
the sale are first applied to pay off the outstanding court costs , which are $32,055.01.
The proceeds of the sale will be deposited into the City’s General Fund. For the demo
liens, depending on the source of the expense, the proceeds will either be deposited
into the City’s General Fund or the CDBG grant fund associated with the expense. In
addition, this sale will restore $259,243.00 in taxable property value to the tax rolls.
RECOMMENDATION:
Staff recommends approval of the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Exhibit A – Tax Resale Property List
Exhibit B – Breakdown of Tax Resale Property Lists
Letter from Linebarger, Goggan, Blair & Sampson, LLP
Ordinance
Ordinance authorizing the resale, by Nueces County as the City’s trustee, of 16
properties, which were foreclosed upon for failure to pay ad valorem taxes, for the
total price of $89,225.00. The City accepts total proceeds of $29,379.07 from the
sale of which $7,988.22 is allocated to the settlement of past due ad valorem taxes
and $21,390.85 is allocated to the settlement of amounts due for City paving and
demolition liens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of
Corpus Christi authorizes the resale of 16 properties listed on the attached and incorporated
Exhibit A for $89,225.00 which were foreclosed upon for failure to pay ad valorem taxes, of
which the City shall receive $7,988.22 plus $21,390.85 for partial payment of City paving
and demolition liens.
Section 2. The Nueces County Judge is authorized to execute a resale deed for each
property upon payment to the City of the City’s share of the tax resale proceeds.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the _____ day of ___________, 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
That the foregoing ordinance was read for the second time and passed finally on this the _____
day of __________ 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Item #Suit Number Property Location Amount of Bid City’s Portion
City's Portion of
City Paving and
Demo Liens
1 1737 03-1971-B 1520 Mestina $5,000.00 $0.00 $4,935.00
2 1993 2012DCV-5373-D 1539 17th St.3,000.00 $80.71 $163.92
3 2159 2011DCV-2133-F 720 Francesca St.800.00 $0.00 $0.00
4 2163 2014DCV-3326-C 3333 Washington 2,000.00 $16.40 $579.43
5 2196 2014DCV-6241-A 3026 Sabinas 3,500.00 $118.26 $1,441.55
6 2201 2014DCV-4365-G 2215 Coleman Ave.2,575.00 $10.60 $434.94
7 2235 2014DCV-2782-F 812 Francesca St.850.00 $0.00 $419.49
8 2255 2015DCV-5601-H 3009 Carver 4,000.00 $168.07 $1,348.50
9 2267 2014DCV-5082-A 2805 Nogales 4,000.00 $273.94 $781.24
10 2296 10-1805-E 430 Judie Ct.7,500.00 $607.17 $1,805.53
11 2304 2014DCV-1269-H 4520 Sharpsburg Rd.8,000.00 $1,072.28 $305.40
12 2311 2012DCV-3703-E 4550 Jose Dr.15,000.00 $2,227.41 $1,245.59
13 2323 2014DCV-5757-C 4337 Angela Dr.8,000.00 $532.61 $3,169.39
14 2358 2012DCV-5376-G 2006 Crestmont St.5,000.00 $465.62 $574.32
15 2361 2017DCV-5794-B 3769 Wilson Dr.5,000.00 $332.46 $1,974.94
16 2365 10-02145-00-0-E 1445 Buenos Aires St.15,000.00 $2,082.69 $2,211.61
Total 89,225.00$ 7,988.22$ 21,390.85$
EXHIBIT B
TAX RESALE PROPERTY LIST
DATE: December 30, 2020
TO: Peter Zanoni, City Manager
FROM: Iain Vasey, President/CEO
ivasey@ccredc.com
(361) 882-7448
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. Iain Vasey President/CEO CCREDC
BACKGROUND:
The Corpus Christi Regional Economic Development Corporation (CCREDC) provides quarterly
updates to City Council. In accordance with this practice, the CCREDC will update the Council
on its activities and the status of the local economy for the third and fourth quarters of calendar
year 2020. The last presentation was on August 18, 2020.
The Metropolitan Statistical Area (MSA) economy is struggling. We have lost 1,800 jobs since
August, and 14,300 jobs since this time last year. We have seen the unemployment rate come
down from a high of 15.7% in April to 10.1% in June and 8.4% in August before going back up to
10.1% in September and now at 10.0% in November (the last month available).
The CCREDC is working on 20 major projects that are valued at $21.1 billion in capital investment
that could possibly create 2,820 quality primary jobs. The CCREDC is looking for other industries
to attract to our region. We have begun a targeted industry survey to look at industries that we
can target are also looking at re-shoring opportunities. W e are coordinating with partners to push
a “sense of place” initiative. Your CCREDC is delivering value to the City and the region.
LIST OF SUPPORTING DOCUMENTS:
CCREDC City Council Third and Fourth Quarterly Updates for 2020
Corpus Christi Regional Economic Development Corporation (CCREDC)
Quarterly Update to City Council
(Third and Fourth Quarters of 2020)
AGENDA MEMORANDUM
City Council Meeting of January 12, 2021
Iain Vasey CEcD
President/CEO
City Council
Q3/Q4
Report
January 12, 2021
Sep.
2019
Oct.
2019
Nov.
2019
Dec.
2019
Jan.
2020
Feb.
2020
Mar.
2020
Apr.
2020
May
2020
Jun.
2020
Jul.
2020
Aug.
2020
Sep.
2020
Nov.
2020
Corpus Christi 4.2 4.0 4.1 4.3 4.8 4.4 6.2 15.7 14.7 10.1 10.0 8.4 10.1 10.0
Texas 3.4 3.3 3.4 3.3 3.8 3.6 5.1 13.1 12.7 8.9 8.2 7.0 8.3 8.0
U.S.3.3 3.3 3.3 3.4 4.0 3.8 4.5 14.4 13.0 11.2 10.5 8.5 7.7 6.4
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
Unemployment Rates
Industry
Yearly
Change
Monthly
Change
Nov.
2020
Oct.
2020
Nov.
2019
Nov.
2018
Nov.
2017
Nov.
2016
Total Nonfarm -15,300 700 180,800 180,100 196,100 194,600 192,200 194,300
Mining, Logging and Construction -4,400 100 19,600 19,500 24,000 24,800 26,700 26,500
Manufacturing -400 0 8,100 8,100 8,500 8,400 8,100 8,400
Trade, Transportation, and Utilities 200 400 33,700 33,300 33,500 33,800 33,800 34,500
Information -100 0 1,500 1,500 1,600 1,700 1,800 1,800
Financial Activities 200 0 8,600 8,600 8,400 8,200 7,800 7,600
Professional and Business Services -2,100 100 17,800 17,700 19,900 19,100 17,700 16,500
Education and Health Services -1,300 0 31,200 31,200 32,500 32,200 30,800 31,600
Leisure and Hospitality -4,800 0 20,800 20,800 25,600 24,800 24,000 25,200
Other Services -600 0 5,700 5,700 6,300 6,300 6,200 6,700
Government -2,000 100 33,800 33,700 35,800 35,300 35,300 35,500
Unemploment Rate
November 2020 Employment by Sector for Corpus Christi MSA
C.C. MSA 10.0% Texas 8.0% U.S. 6.4%
CCREDC
Covid-19
Response
The CCREDC along with Dr. Jim Lee from Texas A&M
Corpus Christi launched a series of COVID 19 business
related surveys over the course of several months.
Survey I – March, 2020 generated 388 responses
Survey II - April, 2020 generated 927 responses
Survey III - June, 2020 generated 518 responses
Survey IV – August, 2020 generated 807 responses
On November 10th we hosted the Senior Executive
Breakfast at Nueces Brewing Co. and hosted 40
investors. We also provided an interactive Zoom
meeting for those who were unable to attend, which had
50+ attendees. We practiced social distancing and
followed Nueces County Health guidelines. Those
attending were happy to be out for the first time since
the shutdown.
CCREDC
Covid-19
Response
September 24, CCREDC participated in the TxOGA State of
Energy online briefing along with U.S. Senator Ted Cruz, Land
Commissioner George P. Bush, Sergio Contreras (RGV
Partnership).
September 28th CCREDC presented virtually to the South
Texas Commercial Association of Realtors. Two site visits
followed
from member with the clients.
Business
Retention
&
Business
Attraction
September 29th & 30th CCREDC hosted the White House Opportunity
and Revitalization Council Executive Director Scott Turner and his
delegation on a visit to Corpus Christi, toured Opportunity Zone
sites/projects and discussed new Federal programs with regional
leadership.
Wednesday, Oct. 21st CCREDC hosted the TxEDC Regional Business
Summit Corpus Christi featuring Robert Allen, Adriana Cruz, Chris
Hamilton, and Chris Smith from Cheniere
There are 17 active attraction projects for a total of
1,700 jobs and $9.1B CapEx.
Business
Retention
&
Business
Attraction
CCREDC also launched a new website
www.ourcoastalbend.com
in October 2020 asking those who live in the
Coastal Bend Region :
What do you love about living in our region?
What you don’t love?
What can we do to improve the Quality of Place?
Thank you!
Iain Vasey CEcD
President/CEO
Questions?