HomeMy WebLinkAboutAgenda Packet City Council - 04/20/2021City Council
City of Corpus Christi
Meeting Agenda - Final-revised
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, April 20, 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 Deacon Michael Mantz, Corpus Christi Cathedral.
C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by America Briones, Mary Carroll High School.
D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E.Proclamations / Commendations
Page 1 City of Corpus Christi Printed on 4/19/2021
April 20, 2021City Council Meeting Agenda - Final-revised
F.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.
G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.Update on North Beach Development and City Funded Infrastructure
Improvements
H.BOARD & COMMITTEE APPOINTMENTS:
1.21-0468 Corpus Christi Convention & Visitors Bureau (1 vacancy)
I.EXPLANATION OF COUNCIL ACTION:
J.CONSENT AGENDA: (ITEMS 2 - 18)
2.21-0476 Approval of the Minutes of the Regular Meeting of April 13, 2021.
Consent - Second Reading Ordinances
3.21-0354 Ordinance authorizing acceptance of a grant from the Executive Office of
the President, Office of National Drug Control Policy, in an amount of
$89,480.00 for overtime for four sworn officers and lease payments on four
vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative; and
appropriating $89,480.00 in the Police Grants Fund.
Page 2 City of Corpus Christi Printed on 4/19/2021
April 20, 2021City Council Meeting Agenda - Final-revised
Sponsors:Police Department
4.21-0373 Ordinance authorizing acceptance of a grant from the State of Texas,
Department of Transportation for the FY 2021 Click It or Ticket Program for
the Corpus Christi Police Department in an amount of $8,950.00 with a
City cash match of $2,416.80 for overtime and fringe benefits with funding
available from the General Fund; and appropriating $8,950.00 in the Police
Grants Fund.
Sponsors:Police Department
5.21-0330 Ordinance authorizing an amendment to the Wastewater Lift Station
Construction and Reimbursement Agreement with Peterson Properties,
Ltd. to construct the Wastewater Lift Station for the Greenwood Service
Area 5 and according to the Wastewater Master Plan approved on July 6,
2020 and located at the intersection of Westpoint Rd and S Padre Island
Drive (Highway 358 FWY); and appropriating $44,057.00 from the
Wastewater Trunk System Trust Fund to reimburse developer. (District 3)
Sponsors:Development Services
6.21-0332 Ordinance abandoning and vacating a 15-foot wide by approximately 483
feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1,
South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly
Road and West of Cross-Town Expressway (TX 286). (District 3)
Sponsors:Development Services
Consent - Contracts and Procurement
7.21-0402 Resolution authorizing the purchase of a refurbished, replacement robot
vehicle for the Corpus Christi Police Department's Bomb Squad, with
Remotec Inc., Subsidiary of Northrop Grumman of Clinton, Tennessee, for
a total amount of $115,000.00 funding available through the Fire Grants
Fund.
Sponsors:Police Department, Fire Department and Contracts and Procurement
8.21-0398 Motion authorizing a three-year service agreement with Hub City Overhead
Door Company, Inc., of Corpus Christi, Texas, for a total amount not to
exceed $255,600.00 for overhead door repair and maintenance for the
Corpus Christi Fire Department (CCFD), effective upon issuance of a
notice to proceed, with FY 2021 funding in an amount of $46,008.00
available through the General Fund.
Sponsors:Fire Department and Contracts and Procurement
9.21-0201 Motion authorizing a five-year supply agreement in the amount not to
exceed $1,750,000 with Baker & Taylor, LLC., Charlotte, North Carolina
for library books, audio and visual recordings, downloadable digital
content, and processing services, with FY 2021 funding in the amount of
$145,830.00 available from the General fund.
Sponsors:Libraries and Contracts and Procurement
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April 20, 2021City Council Meeting Agenda - Final-revised
10.21-0348 Motion authorizing the lease-purchase, via JP Morgan, of one additional
Mack LR64 Refuse Truck from Grande Ford Truck Sales, Inc, dba Grande
Truck Center, of San Antonio, Texas for a total amount of $348,568.25 to
be used by Solid Waste in support of the department’s new inspection and
education program to address contamination in recycling waste, effective
upon issuance of the letter of acceptance with FY 2021 funding in the
amount of $29,047.35 available through the General Fund.
Sponsors:Solid Waste Operations and Contracts and Procurement
11.21-0360 Motion authorizing a five-year service agreement for on-call emergency
spill response and remediation services for an estimated amount of
$140,650.00 with Miller Environmental Services, LLC, of Corpus Christi,
Texas.
Sponsors:Planning & Environmental Services and Contracts and Procurement
12.21-0416 Motion authorizing a one-year service agreement with Great South Texas
Corp, dba Computer Solutions of San Antonio, Texas, in an amount of
$74,940.49 for the maintenance renewal for CISCO SmartNet for the
Information Technology Department, effective upon issuance of a notice to
proceed with FY 2021 funding available in the Information Technology
Fund.
Sponsors:Information Technology Services and Contracts and Procurement
13.21-0365 Motion authorizing the replacement purchase of one 2020 Gradall XL3100
wheeled excavator from Waukesha-Pearce Industries, Inc. of Corpus
Christi, Texas for a total amount of $364,233.05, which will be used in the
maintenance and repairs of City streets by the Department of Public
Works, with FY 2021 funding available and included in the Vehicle and
Equipment Replacement Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
Consent - Capital Projects
14.21-0322 Motion awarding a Master Services Agreement to Garver, LLC, Corpus
Christi, Texas, for planning, architectural, and professional engineering
services for the Corpus Christi International Airport, in an amount not to
exceed $7,500,000.00 for a five-year term, with FY 2021 funding available
from grant funding and the Aviation Capital Fund.
Sponsors:Engineering Services, Aviation Department and Contracts and
Procurement
General Consent Items
15.21-0353 Resolution authorizing the submission of six grant applications to the
Public Safety Office - Homeland Security Grants Division for the Homeland
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April 20, 2021City Council Meeting Agenda - Final-revised
Security Grant Program to prevent terrorism and other catastrophic events
for various functions of public safety, such as bomb squad detection,
SWAT team improvement, firefighter protection, and hazmat response
enhancements, in an amount of $698,797.42.
Sponsors:Fire Department
16.21-0372 Motion to authorize a one-year service agreement for Broker of Record
Services for Insurance for $100,000.00 per year, with Acrisure LLC dba
Carlisle Insurance of Corpus Christi, Texas, with a right to renew for up to
four additional years totaling up to $500,000.00, effective upon issuance of
a notice to proceed, with FY 2021 funding up to $33,500.00 available
through the Liability/Employee Benefits & Workers’ Compensation Fund.
Sponsors:Legal Department and Contracts and Procurement
17.21-0400 Resolution authorizing renewal of property insurance, including All Risk,
Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown
insurance, through Carlisle Insurance Agency, Broker of Record, for
upcoming policy year (May 5, 2021 - May 4, 2022) in exchange for annual
premium of $3,526,444.
Sponsors:Legal Department
18.21-0408 Resolution authorizing outside city limits water contract with Ruben Perez
and Belinda Perez to provide public water to their property located outside
the city limits described as Lots 1 and 2, Block 1, El Caballo Subdivision,
also commonly known by its street addresses as 7241 Old Brownsville Rd
(FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City
Council District 3, under Corpus Christi Code Section 55-113.
Sponsors:Development Services
K.LEGISLATIVE UPDATE:
L.RECESS FOR LUNCH
M.PUBLIC HEARINGS: (ITEM 19)
19.21-0498 Second Public Hearing to discuss the annexation of London Pirate Road
(formerly County Road 33), being approximately 3.733 acres of land from
FM 43 (Weber Road) to the North approximately 1.027 miles, with the City
of Corpus Christi currently having an area of 489 sq. miles.
Sponsors:Planning & Environmental Services
N.INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 22)
20.21-0362 Resolution authorizing a six-year service agreement with Infor US, Inc., of
New York, New York in an amount of $5,962,498.33 for Infor license
subscriptions and $1,041,616.27 for one time implementation cost for a
total of $7,004,114.60, effective upon issuance of a notice to proceed, with
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April 20, 2021City Council Meeting Agenda - Final-revised
FY 2021 funding in an amount of $178,821.92 for prorated Infor license
subscriptions and $1,041,616.27 for one time implementation costs
available through the Information Technology Fund.
Sponsors:Information Technology Services and Contracts and Procurement
21.21-0212 Motion awarding a construction contract to JE Construction Services,
Corpus Christi, Texas, for the Residential Street Rebuild Program: Re-Bid
Base Bid A in an amount of $6,144,164.90, for 15 streets located in
Council Districts 1, 3, and 4, with FY 2021 funding available from the
Residential Street Reconstruction, Storm Water, Wastewater, Water and
Gas Capital Funds.
Sponsors:Engineering Services, Public Works/Street Department and Contracts and
Procurement
22.21-0145 Resolution authorizing park improvement agreement for Rancho Vista
Subdivision with Yorktown Oso Joint Venture and Braselton Development
Company, Ltd. to develop and gift 1.268 acres of parkland to the City and
authorize an agreement with the Rancho Vista Owner's Association to
allow for the owner's association to maintain the new parks.
Sponsors:Parks and Recreation Department and Development Services
O.FIRST READING ORDINANCES: (ITEMS 23 - 26)
23.21-0363 Ordinance accepting $22,816.97 from the State of Texas - Law
Enforcement Officer Standards and Education Account; and appropriating
$22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and
civilian personnel.
Sponsors:Police Department
24.21-0361 Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to
perform on a previous mowing contract providing similar services and
authorizing a three-year service agreement for mowing and grounds
maintenance of Stormwater Mowing Group 5B for an estimated amount of
$73,740.00 with Juan Antonio Galnarez, dba Tony’s Lawn Service of
Rockport, Texas for the Department of Public Works, with FY 2021 funding
in an amount not to exceed $10,242.00 available through the Stormwater
Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
25.21-0421 Ordinance amending the Code of Ordinances, Chapter 49, to promote
better management of the public rights-of-way for Bond and other
infrastructure projects, adding Article VIII - Management of Rights-of-Way
to clarify responsibilities for all types of utilities within a public right-of-way,
and establishing a penalty.
Sponsors:Engineering Services and Public Works/Street Department
26.21-0469 Ordinance amending Section 55-100 of the Corpus Christi Code of
Ordinances to continue using the 2020 Winter Quarter Average (calculated
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April 20, 2021City Council Meeting Agenda - Final-revised
from December 2019 - February 2020) for wastewater charges from May
2021 through April 2022.
Sponsors:Water Utilities Department
P.BRIEFINGS: (ITEM 27)
27.21-0482 Update on Amended City Council Policy 28: Award Guidelines for Arterial
and Collector Streets with Concrete or Asphalt Pavement
Sponsors:Public Works/Street Department
Q.EXECUTIVE SESSION:
R.ADJOURNMENT
Page 7 City of Corpus Christi Printed on 4/19/2021
Duties
Composition
Member size Term Length Term limit
24 2 years 6 years
Name District Term Appt date End date Appointing Authority Position Status Category
John F Longoria District 4 Partial 9/30/2020 10/1/2021 City Council Resigned Community At-Large
Melody Nixon-Bice District 5 3 2/10/2015 10/1/2021 City Council Active Lodging Industry
Fred F Soward III District 4 2 5/9/2017 10/1/2021 City Council Active Restaurant Industry
Johnny Philipello District 4 2 1/10/2017 10/1/2021 City Council Active Attraction Industry
Kendra L Kinnison District 4 2 10/10/2017 10/1/2021 City Council Active Lodging Industry
Blanche Candelaria-
Morris
Other / Non-
Resident Partial 9/29/2020 10/1/2021 City Council Active Lodging Industry
CORPUS CHRISTI CONVENTION & VISITORS BUREAU
One (1) vacancy with term to 10-1-21, representing the following category: 1 - Community At-Large. (The CCCVB is recommending Ramon Pineda (At Large) or Lance
Hancock (At Large) for Council consideration.)
The Corpus Christi Convention & Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year-
round; to promote the City as a year-round destination; to design and implement an advertising campaign with state, national and international coverage to feature the
Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to
operate visitor information centers; to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area;
and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts.
CCCVB shall be governed by a board of directors (BOARD), which must be composed of twenty-four (24) members. Thirteen (13) will be selected directly by the City
Council. The members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The members shall be
representatives of the following groups: 3 - lodging industry; 3 - attraction industry; 2 - restaurant industry; and 5 - community at-large. The following persons or
entities, or their designees or representatives, shall serve as additional voting members of the Board by virtue of position held: The Mayor or designee, City Manager or
designee General Manager of the Corpus Hooks and Director of Corpus Christi International Airport. The following persons or entities, or their designee or
representatives, shall serve as additional non-voting members of the Board by virtue of position held: State Representative from district 32 or designee, State
Representative 34 or designee, Director of Regional Transportation Authority, President & CEO of Port of Corpus Christi or designee, President & CEO of Corpus Christi
Regional Economic Development Corporation, General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee.
Appointments will be for two-year staggered terms. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless such
service is required by virtue of the person's position or title or to complete an unexpired term. The CCCVB always shall nominate one (1) more individual than the
number of positions available in each category. The City Council will provide serious consideration to the Board's recommendations, but it is not restricted to select
members submitted by the CCCVB or any other group.
4-20-2021
Name District Term Appt date End date Appointing Authority Position Status Category
Alex Harris
Other / Non-
Resident 1 9/29/2020 10/1/2022 City Council Active Community At-Large
Daniel R Suckley District 4 2 9/11/2018 10/1/2022 City Council Vice-Chair Active Community At-Large
Sam Canavati District 5 2 9/11/2018 10/1/2022 City Council Active Community At-Large
Ed Cantu District 5 3 2/9/2016 10/1/2022 City Council Chair Active Community At-Large
Jennifer J Vela
Other / Non-
Resident 1 9/29/2020 10/1/2022 City Council Active Attraction Industry
Richard Lomax District 4 1 9/29/2020 10/1/2022 City Council Active Restaurant Industry
Mitchell Davis
Kalogridis District 4 1 9/29/2020 10/1/2022 City Council Active Attraction Industry
Matt Blasy 1 N/A N/A America Bank Center
Ex-Officio, Non-
voting Active
American Bank Center General
Manager
Abel Herrero 1 N/A N/A
State Representative
District 34
Ex-Officio, Non-
voting Active
State Representative District 34 or
designee
Todd Hunter 1 N/A N/A
State Representative
District 32
Ex-Officio, Non-
voting Active
State Representative District 32 or
designee
Jon Palumbo District 4 1 N/A N/A
Texas A&M University-
Corpus Christi
Ex-Officio, Non-
voting Active
Texas A&M Athletic Director or
designee
Iain D Vasey District 5 1 N/A N/A CCREDC
Ex-Officio, Non-
voting Active
Corpus Christi Regional Economic
Development Corporation
Fred Segundo N/A N/A N/A City Council Ex-Officio, Voting Active C.C. International Airport
Brady Ballard 1 N/A N/A Corpus Christi Hooks Ex-Officio, Voting Active
Corpus Christi Hooks General
Manager
Michael T. Hunter 1 8/14/2019 N/A Ex-Officio, Voting Active Mayor Joe McComb's Rep.
Lisa Hinojosa District 4 1 N/A N/A City Council
Ex-Officio, Non-
voting Active Port of C.C. Authority
Peter Zanoni 1 N/A N/A Ex-Officio, Voting Active City Manager or designee
Jorge Cruz-Aedo N/A N/A N/A City Council
Ex-Officio, Non-
voting Active Regional Transportation Authority
4-20-2021
Name District Status Category
Christopher O Ardueser District 5 Applied At-Large
Ulysses Arrigoitia District 1 Applied At-Large
Steve Banta District 5 Applied
At-Large
Attraction Industry
Laura M. Commons District 2 Applied At-Large
Brandon Crowson District 4 Applied
At-Large
Hotel Industry
Restaurant Industry
*Lance N Hancock
Other / Non-
Resident Applied
At-Large
Attraction Industry
Mourad Hasbaoui District 3 Applied At-Large
Paul E Hatridge District 5 Applied
At-Large
Restaurant Industry
Linda Lindsey District 4 Applied
At-Large
Hotel Industry
Sara Sells Morgan District 4 Applied
At-large
Attraction Industry
Ramon J. Pineda District 4 Applied At-Large
Carol Rehtmeyer District 4 Applied
At-Large
Attraction Industry
*Non-Residents allowed
CORPUS CHRISTI CONVENTION & VISITORS BUREAU
Applicants
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, April 13, 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.
Mayor Paulette M. Guajardo to call the meeting to order.A.
Mayor Guajardo called the meeting to order at 11:35 a.m.
Invocation to be given by Father James Stembler, Diocese of Corpus Christi.B.
Father James Stembler, Diocese of Corpus Christi, gave the invocation.
Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Nicholas Tapia, Richard King High School.
C.
Mayor's Chief of Staff Arlene Medrano 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.
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April 13, 2021City Council Meeting Minutes
Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council
Member Gil Hernandez,Council Member Michael Hunter,Council Member
Billy A. Lerma,Council Member John Martinez,Council Member Ben
Molina,Council Member Mike Pusley, and Council Member Greg Smith
Present:9 -
Proclamations / CommendationsE.
Mayor Guajardo announced three proclamations that were presented: 1)
National Library Week. 2) Sexual Assault Awareness and Prevention Month.
3) Fair Housing Month.
PUBLIC COMMENT:F.
Mayor Guajardo referred to comments from the public.
The following citizen called in regarding utilities bill/wasterwater issue:
Richard Cedor, 1329 10th St.
The following citizens called in regarding Item 26: Amanda Gallegos, 7621
Cedar Brook Dr.; and Robert Muir, 6230 Bourbonais Dr.
The following citizens submitted written public comments which are attached
to the Minutes: Amanda Gallegos, 7621 Cedar Brook Dr.; Susan Mitchell, 40
Rock Creek Dr.; and Brittni Young.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G.
Director of Public Health Annette Rodriguez gave a brief update on the
Johnson & Johnson vaccine.
Council Members and Health Director Rodriguez discussed the following
topics: currently only women have been affected by the Johnson & Johnson
vaccine; and La Palmera Mall COVID-19 vaccination clinic will offer first and
second dose Moderna and Pfizer vaccines.
City Manager Zanoni gave an update on the financial report. The Audit Report
was exceptional for FY 2020.
Mayor Guajardo commended City Manager Zanoni for bringing a stronger
financial outlook to Corpus Christi.
Corpus Christi Hooks - COVID19 Safety Protocola.
City Manager Peter Zanoni introduced Corpus Christi Hooks General Manager
Brady Ballard.
General Manager Ballard presented information on the following topics:
summary of details; certification of compliance; and policies and operations.
A Council Member and General Manager Ballard discussed the following
topics: improvements have been made to Whataburger Field; and
Whataburger Field is a new COVID-19 vaccine site.
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April 13, 2021City Council Meeting Minutes
Grow Local Farmer's Marketb.
Grow Local Farmer’s Market is held every Wednesday from 5 p.m. to 7 p.m. at
the Art Center of Corpus Christi.
Birdiest Festival in Americac.
The Birdiest Festival in America will be held at The Botanical Gardens from
April 21st-25th.
Safe Fun-Fit with Mayor Paulette M. Guajardod.
Safe-Fun Fit with Mayor Guajardo will be held on Saturday, April 17th from 7
a.m. to 11 a.m.
BOARD & COMMITTEE APPOINTMENTS:H.
1.Airport Board (3 vacancies)
Corpus Christi Commission on Children & Youth (10 vacancies)
Sister City Committee (4 vacancies)
Transportation Advisory Commission (5 vacancies)
Mayor Guajardo referred to Item 1.
Airport Board
Council Member Lerma made a motion to reappoint Paul Cameron, Jr.,
seconded by Mayor Guajardo and passed unanimously. Council Member
Pusley nominated Blake Farenthold and Gordon Lester. Council Member
Hernandez nominated James Bliss. Council Member Smith nominated Hans
Schumann. Council Member Molina nominated Cristian Radaneata. Council
Member Hunter nominated John LaRue. Hans Schumann and John LaRue
were appointed. After the appointments, a Council Member asked about 1)
adding visit Corpus Christi CEO Brett Oetting as an ex-officio member; and 2) if
a Council Member can serve on the Airport Board. City Secretary Huerta said
she'd look into it.
Corpus Christi Commission on Children & Youth
Council Member Molina made a motion to reappoint Liesl Cressman (At-Large),
seconded by Council Member Lerma and passed unanimously. Council
Member Molina made a motion to appoint Joshua Salinas (Education),
seconded by Council Member Hernandez and passed unanimously. Council
Member Hernandez made a motion to appoint Kaylin Berger (High School
student from a Charter School) and Tiana Ramos (High School student from
CCISD), seconded by Council Member Lerma and passed unanimously.
Council Member Lerma nominated Jose Plaza (At-Large). Council Member
Martinez nominated Jessie Carlson (At-Large). Council Member Molina
nominated Robert Hyatt (At-Large). Jessie Carlson was appointed. After the
appointments, a Council Member asked if student representatives could be
appointed from each CCISD high school. City Secretary Huerta said she'd look
into it.
Sister City Committee
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April 13, 2021City Council Meeting Minutes
Council Member Molina made a motion to reappoint Almira Flores, seconded
by Council Member Smith and passed unanimously. Council Member Pusley
nominated Valeria Harbolovic. Council Member Barrera nominated Mirza
Pearson. Council Member Molina nominated Emma Manda. Council Member
Molina made a motion to appoint Valerie Harbolovic, Mirza Pearson and
Emma Manda, seconded by Council Member Smith and passed unanimously.
Transportation Advisory Committee
Council Member Pusley made a motion to appoint Richard Diaz, Nicholas
Fernandez, Douglas Salik, Michael San Miguel and T Frank Smith IV,
seconded by Council Member Molina and passed unanimously.
EXPLANATION OF COUNCIL ACTION:I.
CONSENT AGENDA: (ITEMS 2 - 17)J.
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members requested
that Item 11 be pulled for individual consideration.
A motion was made by Council Member Pusley, seconded by Council Member
Lerma to approve the Consent Agenda with the exception of Item 11. The
motion carried by the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
2.Approval of the Minutes of the Regular Meeting of March 30, 2021 and
Special Meeting of April 6, 2021.
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
3.Zoning Case No. 1220-01 Alty Enterprises, Inc.: (District 5). Ordinance
rezoning property at or near 7005 Saratoga Boulevard (State Highway
357) from the “CG-2” General Commercial District and the “IL” Light
Industrial District to the “ON” Neighborhood Office District. (Planning
Commission and Staff recommend Approval)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032402
4.Ordinance awarding a construction contract to EMR Elevator Inc, Corpus
Christi, Texas, for the replacement and upgrade of the four City Hall
elevators machinery and equipment, located in Council District 1, in an
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April 13, 2021City Council Meeting Minutes
amount not to exceed $1,047,740.00; amending the Capital Improvement
Program (CIP) and Capital Budget, and appropriating $1,250,000.00 to
the Facility Maintenance CIP Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032403
5.Ordinance accepting and appropriating Federal Aviation Administration
Grants No. 63 and No. 64 totaling $2,667,902 pursuant to the federal
Coronavirus Response and Relief Supplemental Appropriations Act for
economic relief to eligible U.S. airports affected by the prevention of,
preparation for, and response to the COVID-19 pandemic; and amending
the FY 2021 Operating Budget by increasing revenues and expenditures.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032404
6.Ordinance authorizing a special events agreement with the Buccaneer
Commission, Inc. for Buc Days Festival 2021 and related activities to be
held April 29, 2021 through May 9, 2021 to allow for the use of City
property including Shoreline Boulevard between IH 37 and Resaca as
well as the barge dock and circle drive adjacent to the American Bank
Center with payment of City cost of services not to exceed $39,449.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032405
7.Ordinance amending the Code of Ordinances, Chapter 55, Utilities,
Section 55-61 (a.)(1&2) regarding classification of customers and
schedules of rates in order to mitigate the gas bills from February's
extreme weather event for residential customers effective June 1, 2021.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032406
Consent - Contracts and Procurement
8.Resolution authorizing the purchase of one replacement Kut Kwick
mower from KUT KWICK Corporation, of Brunswick, Georgia for a total
amount of $124,602.00, which will be used to mow grass and tall brush at
the Choke Canyon Dam by the Utilities Department, with FY 2021 funding
available through the Equipment Replacement Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032407
9.Motion authorizing the lease-purchase, via JPMorgan, of one vactor truck
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April 13, 2021City Council Meeting Minutes
from Houston Freightliner, Inc., of Houston, Texas, for a total amount of
$463,115.06, in support of the approved FY 2021 Enhancement
Package for a new Wastewater Treatment crew in the Utilities
Department to improve wastewater treatment and lift station infrastructure
maintenance, with first-year funding in the amount of $23,155.74
available from FY 2021 Wastewater Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-069
10.Motion authorizing a two-year service agreement with Herc Rentals Inc.,
of Corpus Christi, Texas, for a total amount not to exceed $607,000.00,
for equipment rental as needed for the Utilities Department, with FY 2021
funding in the amount of $151,750.00 available in the FY 2021 Water and
Wastewater Funds.
This Motion was passed on the consent agenda.
Enactment No: M2021-070
11.Motion awarding a Master Service Agreement for professional
engineering services to HDR Engineering Inc., Corpus Christi, Texas for
groundwater-related technical support to assist with general groundwater
questions, regulatory guidance, permit applications review and other
necessary groundwater hydrology concerns in an amount up to
$60,000.00 for one year with a one-year renewal option to be
administratively authorized for a total amount not to exceed $120,000.00,
with FY 2021 funding available from the Water Capital Reserve Fund.
Mayor Guajardo referred to Item 11.
Council Members, City Manager Peter Zanoni, Water Resource Manager
Esteban Ramos and Director of Engineering Jeff Edmonds discussed the
following topics: the State of Texas is the only aquifer storage and recovery
Groundwater Conservation District; the water district was established in 2007;
this service would assist with technical support for general groundwater
questions, regulatory guidance, and permit applications; and a Council
Member's request to include the presentation in the agenda packet.
Council Member Smith made a motion to approve the motion, seconded by
Council Member Molina. This Motion was passed and approved with the
following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
Enactment No: M2021-071
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April 13, 2021City Council Meeting Minutes
12.Motion authorizing a three-year service agreement with SHI Government
Solutions, Inc. in an amount of $73,581.00 for ManageEngine Software
Licenses, effective upon issuance of a notice to proceed, with FY 2021
funding in the amount of $73,581.00 available in the Information
Technology Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-072
13.Motion authorizing a one-year service agreement with Carahsoft
Technology Corporation of Reston, Virginia in the amount of $80,689.70
for DocuSign licenses and support for City Departments, effective upon
issuance of a notice to proceed with FY 2021 funding in the amount of
$80,689.70 available in various funds.
This Motion was passed on the consent agenda.
Enactment No: M2021-073
14.Motion authorizing a three-year service agreement for wrecker services
for City-owned light vehicles and equipment with, DRR & RS Inc., dba
Apollo Towing Service, for an amount not to exceed $84 ,505.50, to be
used for towing services, effective upon issuance of notice to proceed,
with funding in an amount of $11,736.88 available in the FY 2021
Maintenance Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-074
15.Motion authorizing the purchase of one replacement Mobile Lube truck
from Houston Freightliner, Inc., of Houston, Texas, for a total amount of
$203,016.00 to be used for preventative maintenance and to service off
road and stationary equipment by Asset Management Fleet Maintenance
Division staff, with FY 2021 funding available through the Vehicle and
Equipment Replacement Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-075
16.Motion authorizing a three-year service agreement for mowing and
grounds maintenance of Stormwater Group 3 [Kostoryz, Carrol, Weber,
Staples, Airline from Alameda to SPID] in an amount up to $57,000 with
Dorame General Repair and Lawn, LLC of Corpus Christi, Texas for the
Department of Public Works, with FY 2021 funding in an amount not to
exceed $7,917.00 available through the Stormwater Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-076
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April 13, 2021City Council Meeting Minutes
Consent - Capital Projects
17.Motion awarding a Master Services Agreement to LJA Engineering, Inc.,
Hanson Professional Services, Inc., and Lockwood, Andrews & Newnam,
Inc., all firms from Corpus Christi, Texas, for preliminary engineering for
future Utility Capital Improvement Program (CIP) projects for the
preparation of engineering reports and costs estimates for water,
wastewater and stormwater related projects for a two-year term each in
an amount up to $150,000 for a total not to exceed amount of
$450,000.00, located Citywide, and with FY 2021 funding available from
the Utility Capital Program.
This Motion was passed on the consent agenda.
Enactment No: M2021-077
LEGISLATIVE UPDATE:K.
Mayor Guajardo referred to the Legislative Update.
Director of Intergovernmental Relations Tammy Embrey gave a brief update on
actions that have taken place at the State Capitol.
Council Members and Director Embrey discussed the following topics: Senator
Lucio filed Senate Bill 474 (animal tethering); and the Port Bill 2186 is currently
not set for a hearing and has not been introduced in the House.
RECESS FOR LUNCHL.
Executive Session Items 27 and 28 were held during the lunch recess.
PUBLIC HEARINGS: (ITEM 18)M.
18.First Public Hearing to discuss the annexation of London Pirate Road
(formerly County Road 33), being approximately 3.733 acres of land from
FM 43 (Weber Road) to the North approximately 1.027 miles, with the
City of Corpus Christi currently having an area of 489 sq. miles.
Mayor Guajardo referred to Item 18.
Director of Planning Daniel McGinn presented information on the following
topics: background; aerial overview of annexation tract; annexation tract; and
annexation schedule.
Council Members, City Manager Peter Zanoni, Director McGinn and Director of
Public Works Richard Martinez discussed the following topics: City Manager
Zanoni commended Director McGinn and Commissioner Brent Chesney for
their work and efforts on this annexation; the city is taking over the
right-of-way that the county had; and the road will be widened and will remain
rural.
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Mayor Guajardo opened the public hearing.
No written public comments were submitted.
Mayor Guajardo closed the public hearing. No action was required.
INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 19 - 21)N.
19.Motion authorizing a five-year lease-purchase agreement via JPMorgan
with HEAT Safety Equipment, LLC of Von Ormy, Texas for the
replacement of 140 self-contained breathing apparatuses for the Corpus
Christi Fire Department for a total amount of $1,098,453.40, effective
upon issuance of letter of acceptance, with FY 2021 funding in the
amount of $91,537.80 available through the General Fund.
Mayor Guajardo referred to Item 19.
There were no comments from the Council.
Council Member Hunter made a motion to approve the motion, seconded by
Mayor Guajardo. This Motion was passed and approved with the following
vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
Enactment No: M2021-078
20.Motion authorizing the purchase of two additional 2022 Peterbilt chassis
with Spray Patchers from Rush Truck Center of Robstown, Texas for a
total amount of $472,124.00, which will be used for pothole repairs by
the Department of Public Works, with FY 2021 funding available through
the Vehicle & Equipment Replacement Fund.
Mayor Guajardo referred to Item 20.
Council Members and Director of Public Works Richard Martinez discussed the
following topics: the old asphalt reclaimer is being used in replacement of
one spray patcher; the Public Works Department is going to take care of about
120,000 potholes this year; and there is no back-log to date with crews working
weekends.
Council Member Hunter made a motion to approve the motion, seconded by
Mayor Guajardo. This Motion was passed and approved with the following
vote:
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April 13, 2021City Council Meeting Minutes
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
Enactment No: M2021-079
21.Motion awarding a professional services contract to Lockwood, Andrews
& Newnam, Inc., Corpus Christi, Texas, for engineering design, bid, and
construction phase services for the Bay Water Quality Improvements
project that will identify and design solutions for the removal of trash and
other floatable items in the storm water system before it is discharged in
the Corpus Christi Bay, in an amount of $165,784.00, with FY 2021
funding available from the Storm Water Capital Fund.
Mayor Guajardo referred to Item 21.
There were no comments from the Council.
Council Member Hunter made a motion to approve the motion, seconded by
Mayor Guajardo. This Motion was passed and approved with the following
vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
Enactment No: M2021-080
FIRST READING ORDINANCES: (ITEMS 22 - 25)O.
22.Ordinance authorizing acceptance of a grant from the Executive Office of
the President, Office of National Drug Control Policy, in an amount of
$89,480.00 for overtime for four sworn officers and lease payments on
four vehicles for the FY 2021 High Intensity Drug Trafficking Area
Initiative; and appropriating $89,480.00 in the Police Grants Fund.
Mayor Guajardo referred to Item 22.
Police Chief Mike Markle presented information on the following topics: the
purpose of this grant is for the High Intensity Drug Trafficking Area Initiative in
the amount of $89,480.00 in the Police Grants Fund.
There were no comments from the Council.
Council Member Pusley made a motion to approve the ordinance, seconded by
Council Member Hernandez. This Ordinance was passed on first reading and
approved with the following vote:
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April 13, 2021City Council Meeting Minutes
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
23.Ordinance authorizing acceptance of a grant from the State of Texas,
Department of Transportation for the FY 2021 Click It or Ticket Program
for the Corpus Christi Police Department in an amount of $8,950.00 with
a City cash match of $2,416.80 for overtime and fringe benefits with
funding available from the General Fund; and appropriating $8,950.00 in
the Police Grants Fund.
Mayor Guajardo referred to Item 23.
Police Chief Mike Markle presented information on the following topics: this
ordinance authorizes the acceptance of a grant and appropriation of funds
from the Click It or Ticket Program for the Corpus Christi Police Department in
an amount of $8,950.00.
There were no comments from the Council.
Council Member Hunter made a motion to approve the ordinance, seconded by
Council Member Molina. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
24.Ordinance authorizing an amendment to the Wastewater Lift Station
Construction and Reimbursement Agreement with Peterson Properties,
Ltd. to construct the Wastewater Lift Station for the Greenwood Service
Area 5 and according to the Wastewater Master Plan approved on July 6,
2020 and located at the intersection of Westpoint Rd and S Padre Island
Drive (Highway 358 FWY); and appropriating $44,057.00 from the
Wastewater Trunk System Trust Fund to reimburse developer. (District 3)
Mayor Guajardo referred to Item 24.
Director of Development Services Al Raymond presented information on the
following topics: parcel vicinity map; proposed lift station location; and staff
recommends approval.
A Council Member and Director Raymond discussed the following topic: the
remaining trust fund balance will be $1,556,469.08 after the $44,057.00 is taken
out.
Council Member Hunter made a motion to approve the ordinance, seconded by
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April 13, 2021City Council Meeting Minutes
Council Member Pusley. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
25.Ordinance abandoning and vacating a 15-foot wide by approximately
483 feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3,
Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South
of Holly Road and West of Cross-Town Expressway (TX 286). (District 3)
Mayor Guajardo referred to Item 25.
Director of Development Services Al Raymond presented information on the
following topics: vicinity map; aerial overview; and staff recommends
approval.
There were no comments from the Council.
Council Member Barrera made a motion to approve the ordinance, seconded
by Council Member Molina. This Ordinance was passed on first reading and
approved with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
BRIEFINGS: (ITEM 26)P.
26.Affordable Housing Update and Review of City Infill Housing Incentive
Program Guidelines
Mayor Guajardo referred to Item 26.
Homeless Services and Workforce Housing Manager Jennifer Buxton
presented information on the following topics: homeownership affordability;
considerations for an affordable home policy in the City; what tools do we
have; infill housing incentive program; Thanksgiving homes; where do we
need to go with policy; and where do we need to go with IHIP.
Council Members, Housing Manager Buxton, City Manager Peter Zanoni,
Director of Development Services Al Raymond and representative of
Thanksgiving Homes Dan Brown discussed the following topics: the infill
housing incentive program is not income restricted; in order for low income
tax credits to score points, the majority of the units need to be at or below 60%
area median income; the 80% area median income is the federal statute that
the City has to follow; lots are not set aside for affordable housing; 95% of the
median purchase in Corpus Christi for new construction is $238,000 which does
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April 13, 2021City Council Meeting Minutes
not include taxes; renovation on older homes need to be at least 50% in code
compliance; the housing department's goal is to bring back the infill
development incentive program and a comprehensive affordable housing
strategy and policy; Thanksgiving Homes is a non-profit program that was
created through the housing authority to increase rental housing; the map
provided in the agenda is set by HUD standards; low income buyers often want
to buy in low income areas; Thanksgiving Homes is an affiliate of the Corpus
Christi Housing Authority; the average price point for these houses, including
insurance, is about $1,188 per month; and the purpose of this item is to provide
an update of the infill housing incentive program and develop the affordable
housing policy.
EXECUTIVE SESSION: (ITEMS 27 - 28)Q.
Mayor Guajardo referred to Executive Session Items 27 and 28. The Council
went into Executive Session at 1:34 p.m. The Council returned from Executive
Session at 2:52 p.m.
27.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 Texas Public
Information Act, Texas Open Meetings Act, City Council Policies,
Robert’s Rules of Procedure, Texas Government Code Chapters 441,
551, 552 and other related provisions and pending legislation.
This E-Session Item was discussed in executive session.
28.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 City Auditor
and Texas Government Code § 551.074 (Personnel Matters) to
deliberate the employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer or employee (including, but not limited to,
the City Auditor)
This E-Session Item was passed after executive session.
The Council considered the following motion:
Motion to extend time for completion of the Interim City Auditor certification to
September 30, 2021.
Council Member Hernandez made a motion to approve the motion, seconded
by Council Member Pusley. This Motion was passed and approved with the
following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez,
Council Member Hunter, Council Member Lerma, Council Member
Martinez, Council Member Molina, Council Member Pusley and Council
Member Smith
9 -
Abstained:0
Enactment No: M2021-081
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April 13, 2021City Council Meeting Minutes
ADJOURNMENTR.
There being no further business, Mayor Guajardo adjourned the meeting at
3:40 p.m.
Page 14City of Corpus Christi Printed on 4/15/2021
DATE: April 13, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
(361) 886-2603
CAPTION:
Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of
National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and
lease payments on four vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative;
and appropriating $89,480.00 in the Police Grants Fund.
SUMMARY:
This ordinance authorizes the acceptance of a grant and appropriation of funds from the Office of
National Drug Control Policy to be used for overtime for four sworn officers and lease payments
on four vehicles.
BACKGROUND AND FINDINGS:
The Corpus Christi Police Department (CCPD) is in its 25th year as a participant in the Texas
Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of
the President, Office of National Drug Control Policy. The grant funds provide for overtime for four
Corpus Christi Police Officers and four lease vehicles.
The initiative focuses on the identification and disruption of narcotics trafficking organizations
operating in Aransas, San Patricio, Refugio, Nueces, Kleberg, Kennedy, Jim Wells, Brooks, and
Victoria counties. This specific geographical area serves as a conduit for narcotics into Corpus
Christi and other metropolitan cities. Money launderers also conduct illegitimate business in the
Corridor, creating a consumer base that affects the local population with residual crime. Other
agencies participating in the program are the Nueces County Sheriff, Texas Department of Public
Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the
Bureau of Alcohol, Tobacco, and Firearms.
With the available funding, CCPD anticipates that shipments of narcotics through this area will be
intercepted and narcotics traffickers will be apprehended. The data gathered during this initiative
will be uploaded and shared with other Drug Trafficking Initiatives across the country in an effort
to further suppress criminal activity.
This grant award is for activities conducted during January 01, 2021 – December 31, 2022. The
Accepting and Appropriating the FY 2021 HIDTA Grant Award for the Police Department
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting of April 13, 2021
Second Reading Ordinance for the City Council Meeting of April 20, 2021
City is not required to match funding. The previous year’s award was the same amount of
$89,480.00.
ALTERNATIVES:
The alternative is to not accept the grant, which would result in less punitive measures for
narcotics traffickers and money launderers.
FINANCIAL IMPACT:
The financial impact in FY 2021 is the acceptance of grant funds in an amount of $89,480.00 and
appropriating $89,480.00 to the Police Grants Fund. There is no required match funding.
Funding Detail:
Fund: 1061 Police Grants Fund
Organization/Activity: 820526F
Project: N/A
Account: 510200 Overtime
530160 Rentals
Amount: $89,480
RECOMMENDATION:
Staff recommends accepting the grant and appropriating the funds.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Grant Award – available upon request
Ordinance authorizing acceptance of a grant from the Executive Office of the
President, Office of National Drug Control Policy, in an amount of $89,480.00 for
overtime for four sworn officers and lease payments on four vehicles for the FY
2021 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00
in the Police Grants Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept a grant in the amount of $89,480 from the Office of the President,
Office of National Drug Control Policy to support the Police Department’s role in the Texas
Coastal Corridor Initiative in the FY 2021 Houston High Intensity Drug Trafficking Area
(HIDTA) for overtime for four Corpus Christi Police Officers and four lease vehicles.
SECTION 2. That $89,480 is appropriated in the No. 1061 Police Grants Fund from the
Officer of the President, Officer of National Drug Control Policy for fundin g the Police
Department’s role in the Texas Coastal Corridor Initiative in the FY 2021 HIDTA for
overtime for four Corpus Christi Police Officers and four lease vehicles.
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 Ordinance for the City Council Meeting of April 13, 2021
Second Reading Ordinance for the City Council Meeting of April 20, 2021
DATE: April 13, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
(361) 886-2603
CAPTION:
Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY
2021 Click It or Ticket Program for the Corpus Christi Police Department in an amount of $8,950.00 with a City
cash match of $2,416.80 for overtime and fringe benefits with funding available from the General Fund; and
appropriating $8,950.00 in the Police Grants Fund.
SUMMARY:
This ordinance authorizes the acceptance of a grant and appropriation of funds from the State of Texas,
Department of Transportation to be used for overtime for sworn officers. The City must apply for these funds
each year.
BACKGROUND AND FINDINGS:
The Corpus Christi Police Department (CCPD) has been awarded funding from the State of Texas, Department
of Transportation for the Click It or Ticket (CIOT) program. The CIOT grant funds allow CCPD to conduct overtime
occupant protection (seat belts and child safety seats) enforcement efforts during the Memorial Day holiday,
from May 24 – June 6, 2021.
The program’s purpose is to increase seat belt and child safety seat use in all passenger vehicles by providing
a public information and education effort and conducting intense occupant protection enforcement, during the
Memorial Day holiday. During the holiday, officers will work on an overtime basis enforcing occupant protection
laws across the City.
The City of Corpus Christi has received CIOT grants since 2002. TXDOT notifies the Police Department of
available funds and the City must apply. TXDOT determines how much money agencies get based on their crash
data derived from crash statistics. It varies each year. The last CIOT grant was the Thanksgiving Day holiday
2020 in an amount of $15,000.00 with a City cash match of $4,266.85. For this grant, the State provides
$8,950.00 for overtime and the City provides a cash match of $2,416.80 for fringe benefits.
ALTERNATIVES:
Accepting and Appropriating the FY2021 Click It or Ticket Grant Award for the
Police Department
The alternative is to not accept the grant; however, the Police Department will have less funding available for
officers to work overtime to provide enforcement of occupant protection.
FISCAL IMPACT:
The fiscal impact for FY 2021 is accepting and appropriating an amount of $8,950.00 to the Police Grants Fund.
Additionally, the City will provide a cash match of $2,416.80 for sworn officers’ benefits on overtime with funding
available from the General Fund.
Funding Detail:
Fund: 1020 General Fund / 1061 Police Grants Fund
Organization/Activity: Uniform Division 11740 / 821422F
Project # (CIP Only): N/A
Account: 510200 Overtime
511000 Retirement
Amount: $11,366.80
RECOMMENDATION:
Staff recommends accepting and appropriating the item.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance authorizing acceptance of a grant from the State of Texas,
Department of Transportation for the FY2021 Click It or Ticket program
for the Police Department in an amount of $8,950.00 with a City Cash
match of $2,416.80 for overtime and fringe benefits with funding
available from the General Fund; and appropriating $8,950.00 in the
Police Grants Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept a grant from the State of Texas, Department of Transportation for
the FY2021 Click It or Ticket program for the Police Department in an amount of
$8,950.00 with a City Cash match of $2,416.80 for overtime and fringe benefits with
funding available from the General Fund.
SECTION 2. That $8,950.00 from the State of Texas, Department of Transportation is
appropriated in the No. 1061 Police Grants Fund for the FY2021 Click it or Ticket
Program.
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: March 1, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director, Development Services
AlRaymond@cctexas.com
(361) 826 - 3276
CAPTION:
Ordinance authorizing an amendment to the Wastewater Lift Station Construction and
Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station
for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on
July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island Drive (Highway
358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to
reimburse developer. (District 3)
SUMMARY:
Peterson Properties, Ltd entered into a wastewater lift station construction and reimbursement
agreement to provide wastewater service for Westpoint Crossing Unit 2, Block 2, Lot 1 . The
developer has requested an amendment to the reimbursement agreement to request
reimbursement for additional costs associated with the project.
BACKGROUND AND FINDINGS:
Peterson Properties, Ltd requested, and was approved for the Wastewater Lift Station
Construction and Reimbursement Agreement for the construction wastewater lift station. The
approved reimbursement amount for the agreement is $712,412.82 under Ordinance 0322665
dated November 10, 2020.
Peterson Properties, Ltd plans to install a lift station, 75 linear feet of 8-inch force main line, and
110 linear feet of 10-inch collection line in order to provide wastewater service to a planned
commercial subdivision that will be constructed within City limits along Westpoint Road and
Highway 358. The planned subdivision property encompasses approximately 6.91 acres with a
proposed VA Community Based Outpatient Clinic to be constructed on the property. The
proposed lift station will extend wastewater service to approximately 483 acres of property in the
surrounding area, is in accordance with the wastewater master plan, and is in the Greenwood
Wastewater Service Area 5. The property in this service area is predominately Zoned IL and CG-
Amend Wastewater Lift Station Construction and Reimbursement Agreement with
Peterson Properties, Ltd. to increase the total reimbursement amount in the agreement
by $44,057.00
AGENDA MEMORANDUM
First Reading Ordinance for April 13, 2021
Second Reading Ordinance for April 20, 2021
2 and nearly all the land is undeveloped.
The developer submitted an amendment request to the Wastewater Lift Station System Trust
Fund for the construction and reimbursement agreement for the additional expense due to
increased costs to construction for this project. The applicant has submitted a request for an
additional $44,057.00 for this project.
Staff requested a copy of the bid tabulation from all three bidders to confirm the estimated cost
and actual low bid cost difference was $44,057.00.
ALTERNATIVES:
Deny the request and have the developer pay for the cost difference. The applicant submitted
their estimated costs based on the current material cost at the time of the estimated cost for
construction due to COVID -19 certain material cost have gone up due to the pandemic.
FISCAL IMPACT:
If approved, the additional funds requested would be added to the reimbursement associated with
the agreement and would be a debt against the Wastewater Trunk System Trust Fund. The
encumbered funds for this project would increase by $44,057.00 and would raise the total
reimbursable amount in the agreement to $756,469.82. $712,412.82 is encumbered in the
Wastewater Trunk System Trust Fund for this agreement. Currently there are enough funds in
the Wastewater Trunk System Trust Fund to cover this additional funding request.
Funding Detail:
Fund: 4220 Wastewater Trunk System Trust Fund
Organization/Activity: 21800 Wastewater Trunk System Trust Fund
Mission Element: 777
Project # (CIP Only): N/A
Account: 540450 Reimbursement to Developers
RECOMMENDATION:
Staff recommends approval of the amendment request for this reimbursement agreement. These
additional costs are reimbursable under UDC Section 8.5.2 Wastewater Trust Fund and
Wastewater Master Plan.
LIST OF SUPPORTING DOCUMENTS:
Ordinance (with exhibit)
Presentation
Bid Tabulation
Location Map
Ordinance authorizing an amendment to the Wastewater Lift Station
Construction and Reimbursement Agreement with Peterson Properties, Ltd.
to construct the Wastewater Lift Station for the Greenwood Service Area 5
and according to the Wastewater Master Plan approved on July 6, 2020 and
located at the intersection of Westpoint Rd and S Padre Island Drive
(Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk
System Trust Fund to reimburse developer.
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 an amendment
to the Wastewater Lift Station Construction and Reimbursement Agreement
(“Amendment”) attached hereto, with Peterson Properties, Ltd., to increase
reimbursement amount to reflect actual bid cost.
SECTION 2. Funding in the amount of $44,057.00 is appropriated from the No.
4220-21800-777 Wastewater Trunk System Trust Fund to reimburse the
Developer.
Page 1 of 2
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 the day of 2021:
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta City Secretary
City Secretary
Paulette M. Guajardo
Mayor
Page 2 of 2
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MCARDLE RDOLD BROWNSVILLE RDJOE MIREUR RDGREENWOOD RDBALDWIN BLVD
HORNE RD
HWY 358 HWY 286µ
0 250 500 750125Feet
LOCATION MAP
Date Created: 3/13/2020Prepared By: ReyRDepartment of Development Services
SUBJECTPROPERTY
Westpoint Crossing Unit 2Block 2, Lot 1
Map Scale: 1:5,000
Amendment to Wastewater Lift Station
Construction and Reimbursement Agreement
with Peterson Properties, Ltd.
Peterson Properties Agreement
April 13, 2021
2
Parcel Vicinity Map
3
Proposed Lift Station Location
N
PROPOSED
LIFT STATION
PARCEL
PERIMETER
South Padre
Island Drive
4
Recommendation
Approval
The request is in accordance with UDC Section 8.5.2.E.4 Wastewater Trunk
System Trust Fund
5
Trust Fund Balance as of February 28, 2021
Wastewater Trunk System Trust Fund’s Balance is $1,142,952.36
6
Wastewater Collection System Master Plan
LIFT STATION
LOCATION
7
Plat
DATE: March 4,2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Director Development Services
alraymond@cctexas.com
(361) 826-3276
CAPTION:
Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet in length
(7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1, South Texas Bone and Joint
Medical Plaza Unit 1, located South of Holly Road and West of Crosstown Expressway
(TX 286).
SUMMARY:
The purpose of this ordinance is to close, abandon and vacate a 15-foot-wide by
approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement . The applicant
has changed the design and location of buildings on the property, and relocation of public
utilities is necessary to accommodate the current design. A new easement will be applied
for and recorded to accommodate public utilities on the property.
BACKGROUND AND FINDINGS:
2413 Memorial Parkway, LLC (Owner) is requesting the closure of a 15-foot wide by
approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement on property
located South of Holly Road and West of Crosstown Expressway (TX 286). This
easement closure request is submitted to facilitate the construction of a medical clinic
and associated site improvements.
The referenced easement is a portion of a larger easement dedicated by plat for the
property. Changes in the layout and design of the site place a portion of the easement
under the footprint of a proposed building. The portion of the easement to be vacated will
be replaced by a new easement to accommodate public utilities on the site. The new
easement location is away from proposed structures and adjacent to another existing
Easement Closure for South Texas Bone and Joint Medical Plaza
AGENDA MEMORANDUM
First Reading Ordinance for April 13, 2021
Second Reading Ordinance for April 20, 2021
utility easement on the property. There are no public or franchised utilities located in the
portion of the easement to be vacated, and the proposed ordinance is conditional on the
new easement being recorded. After contacting all public and franchised utilities, there
are no objections to the easement closure and no zoning variances have been requested.
The applicant requesting the utility easement closure has paid the required $530.00
application fee and the easement closure request has been processed in accordance with
Section 49-13 of the City Code of Ordinances.
ALTERNATIVES:
Deny the applicant’s request and have the applicant revert to the original site plan. This
action may impact the design and size of the planned medical facility and the efficient use
of the site.
FINANCIAL IMPACT:
There are no financial impacts associated with the closing of the easement. The
easement has no fair market value associated with its closure.
FUNDING DETAIL: N/A
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff supports the applicant’s request for the easement closure. The closure of the
easement will support a future local business and provide residents with expanded
access to medical services.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits
Location Map
Presentation
Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet
in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1, South
Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of
Crosstown Expressway (TX 286).
WHEREAS, 2413 Memorial Parkway, LLC (Owner) is requesting the closure,
abandonment, and vacating of the 15-Foot-wide by approximately 483-feet in length
(7,239.7 sq. ft.) of an existing utility easement located South of Holly Road and West
of Crosst own Expressway (TX 286).
WHEREAS, it has been determined that it is advantageous to the City of Corpus
Christi to abandon and vacate the 15-feet utility easement, subject to compliance by
the Owner with the conditions specified in the ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Pursuant to the request of 2413 Memorial Parkway, LLC (Owner), an existing
15-foot-wide by approximately 483-feet in length (7,239.7 sq. ft.) utility easement out of
Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly
Road and West of Cross-Town Expressway (TX 286), as recorded in volume 69, page
397, of the Map Records of Nueces County, Texas, is abandoned and vacated by the
City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions
specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds
description and field notes, "Exhibit B," which is the graphical representation of the legal
description, are attached to and incorporated in this ordinance by reference as if it was
fully set out herein in their entireties. The maintenance responsibilities for the vacated
easement reverts to the owner of the property.
SECTION 2. The closing , abandonment and vacating of the utility easement described
in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with
the following requirements:
a.Upon approval by the City Council and issuance of the ordinance, all grants of
easement closure and specified conditions must be recorded at the Owner's
expense in the Official Deed and Map Records of Nueces County, Texas, in
which the affected property is located, with a copy of the recording provided to
the City.
b.Owner will dedicate to the City of Corpus Christi a new public utility easement
to accommodate public improvements on said property and record such
easment at the Owner's expense in the Official Deed and Map Records of
Nueces County, Texas.
c.Failure to comply with all the conditions outlined in this Ordinance within 180
days will hereby make the Ordinance null and void.
That the foregoing ordinance was read for the first time and passed to its second reading on
this the _____ day of _____________, 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
That the foregoing ordinance was read for the second time and passed finally on
this the _____ day of _____________, 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the _______ day of ___________________, 2021
ATTEST
_________________________________
Rebecca Huerta
City Secretary
_____________________________
Paulette M. Guajardo
Mayor
S:\Surveying\4916\B903-Final\OFFICE\METES AND BOUNDS\FN_4916B903_0.1662Ac_20201123.Docx Page 1 of 1
OFFICE: (361)854-3101 2725 SWANTNER DR. ● CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001
www.urbaneng.com
TBPE Firm # 145 ● TBPLS Firm # 10032400
Job No. 4916.B9.03
November 23, 2020
Exhibit A
0.1662 Acre
Utility Easement Closure
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 0.1662 Acre, Utility Easement Closure, being a portion of an existing Utility Easement, over and
across Lots 2-3, Block 1, as shown on the plat of South Texas Bone and Joint Medical Plaza Unit 1, a map of which is recorded
in Volume 69, Pages 397-399, Map Records of Nueces County, Texas; said 0.1662 Acre, Utility Easement Closure being more
fully described by metes and bounds as follows:
Commencing, at a 5/8 Inch Iron Rod with red plastic cap stamped “URBAN ENGR CCTX” Found, on the Southwest
boundary line of Lot 3, Block 2, Cabaniss Acres, a map of which is recorded in Volume 10, Page 20, of the said Map Records,
for a common corner of Lots 1-2, of the said Block 1;
Thence, South 31°30'27" West, over and across the said Lot 2, 169.76 Feet, to the Point of Beginning at the inner ell
corner of the said existing Utility Easement, for the East corner of this Tract;
Thence, South 28°07'50" West, over and across the said existing Utility Easement, 15.00 Feet, to the South corner of
this Tract;
Thence, with the said existing Utility Easement, over and across the said Lots 2-3, with the boundary of this Tract as
follows;
North 61°52'10" West, at 444.05 Feet pass the common boundary line of the said Lots 2-3, in all 490.15 Feet,
to the West corner of this Tract, from Whence a 5/8 Inch Iron Rod with red plastic cap stamped “URBAN
ENGR CCTX” Found, for a common corner of the said Lots 2-3, bears South 10°18'36" West, 150.61 Feet;
North 73°07'50" East, over and across the said existing Utility Easement, 21.21 Feet, to the North corner of
this Tract, from Whence a 5/8 Inch Iron Rod with red plastic cap stamped “URBAN ENGR CCTX” Found,
on the Southwest boundary line of Lot 7, of the said Block 2, for a common corner of the said Lots 2-3, bears
North 38°31'38" East, 172.29 Feet;
Thence, South 61°52'10" East, with the said existing Utility Easement, at 31.09 Feet pass the said common boundary
line, in all 475.15 Feet, to the Point of Beginning and containing 0.1662 Acres (7,239 Sq. Ft.) of Land, more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205,
and are based on the North American Datum of 1983(2011) Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor
assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein.
URBAN ENGINEERING
James D. Carr, R.P.L.S.
License No. 6458
CROSSTOWNHOLL
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0 1,500750Feet
LOCATION MAP
Date Created: 3/5/2021Prepared By: ReyRDepartment of Development Services
SUBJECTPROPERTY
South Texas Bone and Joint Medical Plaza Unit 1
Utility Easement Closure
Vacated Utility Easement
Proposed Utility Easement
Current Utility Easements
Map Scale: 1:10,000
Proposed Building
LOCATION MAP
SOUTH TEXAS BONE AND JOINT
MEDICAL PLAZA
City Council Presentation
April 13, 2021
Easement Closure
For
South Texas Bone and Joint Medical Plaza
(Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1)
Vicinity Map
Aerial Overview
15’ x 483’ Utility Easement
to be closed
Proposed Building
Location
Proposed New Utility
Easement
Proposed New Utility
Easement
Existing Utility Easements
Staff Recommendation
Approval
The applicant requesting the utility easement closure has
paid the required $530.00 application fee and the
easement closure request has been processed in
accordance with Section 49-13 of the City Code of
Ordinances.
Plat
DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
MikeMa@cctexas.com
(361) 826-1941
Robert Rocha, Fire Chief
RRocha@cctexas.com
(361) 826-1941
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Resolution authorizing the purchase of a refurbished, replacement robot vehicle for the Corpus Christi
Police Department’s Bomb Squad, with Remotec Inc., a Subsidiary of Northrop Grumman of Clinton,
Tennessee, for a total amount of $115,000.00 with funds available from the Fire Grants Fund.
SUMMARY:
Purchase of a refurbished robot vehicle that will provide the bomb squad with a bomb disposal robot to
be used on all calls by all members of the Bomb Squad.
BACKGROUND AND FINDINGS:
The proposed robot vehicle will provide the Bomb Squad with a bomb disposal robot to be used on all calls
by all members of the bomb squad. The proposed robot vehicle is a smaller, lighter weight unit that can be
transported in a normal vehicle, providing for faster response times. The current model is larger and
requires being towed behind a large Freightliner truck response vehicle. Current policing trends are moving
toward the need for a faster, more portable set of tools, to include the robot vehicle.
The funds to purchase the replace robot vehicle were awarded by the State of Texas, Department of
Homeland Security, in response to a request for grants in 2020. Although this purchase is for the Corpus
Christi Police Department, the Corpus Christi Fire Department coordinates the grant application process
that will fund the proposed purchase of the refurbished robot vehicle.
Purchase of Refurbished Robot Vehicle for Police Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
PROCUREMENT DETAIL:
This is a sole source procurement. Remotec, Inc., a Subsidiary of Northrop Grumman, is the sole
manufacturer and distributor of the explosive device disposal robot vehicle. The current robot also was
purchased from Remotec, Inc. for $220,000.
ALTERNATIVES:
The alternative is to not purchase the refurbished robot vehicle and continuing using the current robot
vehicle, increasing response times and repair costs.
FISCAL IMPACT:
The fiscal impact for FY 2021 is in the amount of $115,000 from the Fire Grants Fund. Although this
purchase is for the Corpus Christi Police Department, the Corpus Christi Fire Department coordinates the
grant application process that will fund the proposed purchase of the refurbished robot vehicle.
FUNDING DETAIL:
Fund: 1062 – Fire Grant Fund
Organization/Activity: 821261F
Mission Element: 095
Project # (CIP Only): N/A
Account: 55020 Vehicles & Machinery
Amount: $115,000.00
RECOMMENDATION:
Staff recommends approval for the purchase of a refurbished robot vehicle for the Police Department Bomb
Squad from Remotec Inc., with funds from the Fire Grants Fund.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Resolution
Page 1 of 2
Resolution authorizing the purchase of a refurbished, replacement
robot vehicle for the Corpus Christi Police Department (CCPD), with
Remotec Inc., Subsidiary of Northrop Grumman of Clinton,
Tennessee, for a total amount of $115,000.00 effective upon issuance
of letter of acceptance with FY 2021 funding through the Fire Grant
Fund.
WHEREAS, Remotec, Inc. Subsidiary of Northrop Grumman will provide a refurbished
Robot Vehicle for the Corpus Christi Police Department (CCPD);
WHEREAS, State law provides that such procurements, as outlined above, are subject
to statutory procurement requirements, including competitive bids, unless an exception
applies;
WHEREAS, there is a statutory exception for this procurement in Local Government
Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the
public health and safety of the City’s residents;
WHEREAS, there is a statutory exception for this procurement in Local Government
Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due
to special processes or patents; and
WHEREAS, there is also a statutory exception for this procurement in Local Government
Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due
to captive replacement parts or components for equipment.
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 the purchase for a Refurbished Robot Vehicle from Remotec, Inc. Subsidiary
of Northrop Grumman from Clinton, Tennessee, for an amount not to exceed $115,000.00.
A copy of the agreement will be on file in the Office of the City Secretary.
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
City of Corpus Christi Price Sheet
Contracts and Procurement Refurbished F6B System- Robot Vehicle
Buyer: Desirree Ortiz Sole Source
ITEM DESCRIPTION QTY.UNIT UNIT PRICE EXTENDED PRICE
1 Refurbished F6B System 1 EA $63,032.00 $63,032.00
2 Laser Filter 1 EA $835.00 $835.00
3 Sighting Camera 1 EA $850.00 $850.00
4
X-Ray Assembly (fits Golden X-Ray Systems)Works with drum & "bread-maker" style film 1 EA $1,600.00 $1,600.00
5 Hybrid Radio Assembly 1 EA $47,932.00 $47,932.00
6 Spare 24 VDC Vehicle Battery 1 EA $751.00 $751.00
Purchase Cost:$115,000.00
Remotec, Inc. Subsidiary of Northrop Grumman
Clinton, TN
DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
RRocha@cctexas.com
(361) 826-1941
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 Company, Inc., of Corpus
Christi, Texas, for a total amount not to exceed $255,600.00 for overhead door repair and maintenance for
the Corpus Christi Fire Department (CCFD), effective upon issuance of a notice to proceed, with FY 2021
funding in an amount of $46,008.00 available through the General Fund.
SUMMARY:
This motion authorizes the purchase of overhead door repair services for the City of Corpus Christi Fire
Department for the repair of the overhead doors at each of the City’s 18 Fire Stations. A properly
functioning overhead door is crucial in the Fire Department’s ability to respond to emergency calls in a
timely manner. Additionally, they are important in the protection of all fire stations throughout the City.
BACKGROUND AND FINDINGS:
The City of Corpus Christi Fire Department (CCFD) has a total of 18 Fire Stations located throughout the
City. The Stations provide emergency medical services and fire protection to the citizens of Corpus Christi.
These Stations are occupied 24 hours a day, 7 days a week, for 365 days a year. It is extremely important
to secure all fire stations during extended emergency operations as well as to have properly functioning
overhead doors in order to respond to emergency calls in a timely manner.
The fire stations have expensive fire, rescue, and EMS equipment. The stations also stock medical
supplies, lawn equipment, and many items ordinarily found in a normal household. The fire stations must
be secured to prevent theft or unauthorized entry in order to protect property.
Across the City’s 18 fire stations, there are approximately 74 overhead doors. As an example, Station #1
has a total of nine overhead doors. Overhead door components such as cables, springs, rollers, hinges,
and motors undergo tremendous stresses. Overhead door parts break often due to such frequent use.
Overhead Door Repair & Maintenance for Corpus Christi Fire Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
When an overhead door malfunctions, or fails completely, it has to be raised or lowered manually. Proper
operation is necessary to allow for the immediate deployment of Fire or EMS emergency vehicles.
A contract, with an overhead door repair company, ensures that prompt repair services can be provided
when issues arise. Without a contract, repairs to these crucial systems could be delayed, compromising
the Fire Department’s ability to respond to emergencies in a timely manner. It is for these reasons, that a
contract with a reliable, local repair company is required.
The current contract also is with Hub City Overhead Doors Company, Inc. and is for a one-year term with
an option to extend two additional years. The lifetime value of this contract is not to exceed $168,975.00.
The two optional years were agreed to by both the City and the vendor, and after the full three years the
contract expired on March 31, 2021; however, a three-month extension to the agreement was executed to
allow time for negotiations for the new, proposed three-year agreement with Hub City Overhead Door
Company, Inc. for services to repair overhead doors for the City of Corpus Christi Fire Department.
PROCUREMENT DETAIL:
Contracts and Procurement conducted a competitive Request for Bids process to obtain bids. The City
received two bids. Staff is recommending award to Hub City Overhead Door Company, Inc. as the
responsive, responsible bidder. True Source, LLC. was eliminated as the lowest bidder based on additional
trip fees and holiday charges.
ALTERNATIVES:
The alternative would be to not award the contract, making fire stations vulnerable to theft and slower
response while City staff work to fix repairs.
FISCAL IMPACT:
The purchase of overhead door repair services is a three-year service agreement with Hub City Overhead
Door Company, Inc. of Corpus Christi, TX. The total cost of the three-year agreement totals $255,600. The
fiscal impact for CCFD in FY 2021 for this service agreement is $46,008. The remaining cost of $209,592
will be budgeted through the annual budget process.
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 12010 Fire Stations
Mission Element: 093 Emergency Response Calls
Project # (CIP Only): N/A
Account: 530210 Building Maintenance & Service
Cost: $46,008.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of a three-year service agreement with
Hub City Overhead Door Company, Inc. for services to repair overhead doors for the City of Corpus Christi
Fire Department.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
Item Description Unit Qty 3 Year Unit Price Total Price Unit Price Total Price
1 Technician Normal Hrs (M-F 8:00am-
5:00pm)HR 750 $ 148.00 $ 111,000.00 $ 135.00 $ 101,250.00
2
Technician After Hrs (M-F 5:01pm-
7:59am to include weekends and City
Holidays)HR 300 $ 222.00 $ 66,600.00 $202.50 $60,750.00
Item Description Unit Cost %Markup Cost+ Markup %Markup Cost+ Markup
3 Parts EA $60,000.00 30.00%$78,000.00 25.00%$75,000.00
$ 255,600.00 $ 237,000.00
On Call Services
Total
* Estimated 227 service calls for the last three years for CCFD after additional trip charges were calculated, the lowest bidder changed.
True Source total bid price with additional trip charges would increase to $267,645.00. True Source, LLC is no longer the lowest bid.
Hub City Overhead Door
Co. Inc.TrueSource, LLC
Corpus Christi, Tx Islanda, New York
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: DESIRREE ORTIZ
BID TABULATION
RFB 3452 - Overhead Door Repair
& Maintenance for CCFD
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 12, 2021
SERVICE AGREEMENT NO. RFB 3452
Overhead Door Repair and Maintenance for CCFD
THIS Overhead Door Repair and Maintenance for CCFD 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 and
Maintenance for CCFD in response to Request for Bid/Proposal No. 123 (“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 and Maintenance for CCFD
(“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 Division, or the performance date listed in the notice
to proceed, whichever is later. The parties may mutually extend the term of this
Agreement for up to zero additional zero-year periods (“Option Period(s)”),
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$255,600.00, 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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Captain Gerardo Garcia
Fire Department
Phone: 361-826-8427
Email: GerardoG@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
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7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
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12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Captain Gerardo Garcia
Fire Captain
2406 Leopard St., Suite 300, Corpus Christi, Texas 78408
Phone: 361-826-8427
Fax: 361-826-4515
IF TO CONTRACTOR:
Hub City Overhead Door Co., Inc.
Attn: Rusty Garrett
Vice President
1402 Cathead, Corpus Christi, Texas 78409
Phone: 361-289-7083
Fax: 361-299-2291
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,
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WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor’s failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
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22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute .
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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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. RFB 3452
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 5FE77EA7-F0B5-4ED5-A6DE-F9BC694693DA
Rusty Garrett
3/17/2021
Vice Garrett
3/17/2021
Revised 11.30.20 Page 1 of 3
4.1 General Requirements/Background Information
The Contractor shall provide Overhead Door Repair and Maintnenance for Corpus
Christi Fire Department.
4.2 Scope of Work
A.Service Requirement
1.The Contractor shall be able to perform specified services 24 hours a day, 365
days per year on an as needed basis. The City will use prudent judgment when
calling after regular hours for specific services.
2.The Contractors main office shall be located no more than one hour away
from the Corpus Christi City Limits (60 miles).
3.The Contractor shall have a sufficient number of commercial crews to fulfill
work demands.
4.The Contractor shall receive work order requests and return phone requests
within 30 minutes of a call being placed by the Fire Department or within a
reasonable time frame of the call being placed.
5.The Contractor shall be on site within two hours or within agreeable time frame
determined by the Fire Department and the Contractor of receipt of work
order receipts.
6.The Contractor shall stock inventory to complete repairs same day.
B.Service Requests are to be accepted by the following authorized personnel:
1.Assistant Chief of Support Services
2.Captain assigned to Facility Maintenance
C.The Contractor shall repair the overhead door deficiencies within eight hours of
the arrival on site or have communicated with the Contract Administrator of any
conditions that may delay work being completed within eight hours.
D.At time of completion, report back to requestor.
E.Repairs shall include all mechanical and electrical components.
F.The Contractor shall lubricate and adjust the doors being repaired during
maintenance service call.
ATTACHMENT A: SCOPE OF WORK
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G.The Contractor shall provide an estimate based on the price schedule for major
repairs, defined as exceeding $1,000.00. Estimates shall include labor, parts,
travel and any other costs associated with the work performance.
H.The Contractor shall check in and check out with the Captain on duty, or a
member of the Fire Department. The start time and time of completion should
be listed on the Vendor Check-In/Out Form provided at the station. If station
personnel are unavailable, the Contractor will contact the Contract
Administrator to check-in/out via phone. Invoice charges for labor shall reflect
the times listed on this form.
I.All repairs shall be completely documented by the Contractor. A copy of each
work order or repair slip will be provided to the personnel on site at time of
completion and shall provide the following information:
1.Site location of the equipment repair
2.Name, model number and serial number of the equipment repaired
3.Name and model number of any replacement parts
J.If any overhead doors are deemed non-repairable, the Contractor shall
immediately notify the Contract Administrator via email or personal cell number
if available.
K.Anticipated Repairs include but are not limited to the following:
1.Electrical
a. Capacitor
b.Motor
c.Pneumatic Safety Edge
d.Receivers
e.Relay
f.Remote Controls
g.Transformer
h.All Switches
i.Loop Sensor
j.Combination Key Pad System
2.Mechanical
a.Belts
b.Cables
c.Hinges
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d.Rollers/Rails
e. Springs
f.Replacement of Door Section
3.Lubrication
a.Rollers, Hinges and tracks
b.Drive Chain
c.Spring and Bearings
4.3 Work Site and Conditions
The work shall be performed at the following Fire Stations:
Station # Business Phone # Address
1 361.826.8054 514 Belden (78401)
2 361.826.1245 13421 Leopard St. (78410)
3 361.826.1250 1401 Morgan Ave. (78404)
4 361.826.1247 2338 Rodd Field Rd. (78414)
5 361.826.4648 3105 Leopard St. (78408)
6 361.826.8071 6713 Weber Rd. (78413)
7 361.826.8075 3722 S. Staples St. (78411)
8 361.826.8077 4645 Kostoryz Rd. (78415)
9 361.826.1255 501 Navigation Blvd. (78408)
10 361.826.1258 1550 Horne Rd. (78416)
11 361.826.8073 910 Airline Rd. (78412)
12 361.826.8120 2120 Rand Morgan Rd. (78410)
13 361.826.8080 1802 Waldron Rd. (78418)
14 361.826.8150 5901 S. Staples St. (78413)
15 361.949.9934 14202 Commodores Dr. (78418)
16 361.826.4183 8185 State Hwy 361 (78418)
17 361.826.8050 6869 Yorktown Blvd. (78414)
18 361.826.8061 6226 Ayers St. (78415)
Warehouse 361.826.3934 1501 Holly Rd. (78417)
Old Station 5 3312 Leopard St. (78408)
EMS Central 209 S. Carancahua (78401)
4.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
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ATTACHMENT C: INSURANCE REQUIREMENTS
A. CONTRACTOR’S LIABILITY INSURANCE
1.Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the
City. Contractor must not allow any subcontractor Agency to commence
work until all similar insurance required of any subcontractor Agency has
been obtained.
2.Contractor must furnish to the City’s Risk Manager and Contract Administer
one (1) copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City’s Risk Manager. The City must be listed
as an additional insured on the General liability and Auto Liability policies by
endorsement, and a waiver of subrogation is required on all applicable
policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
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
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WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
3.In the event of accidents of any kind related to this agreement, Contractor
must furnish the Risk Manager with copies of all reports of any accidents within
10 days of the accident.
B.ADDITIONAL REQUIREMENTS
1.Applicable for paid employees, Contractor must obtain workers’
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers’ compensation coverage
provided must be in an amount sufficient to assure that all workers’
compensation obligations incurred by the Contractor will be promptly met.
2.Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M.
Best's rating of no less than A- VII.
3.Contractor shall be required to submit a copy of the replacement certificate
of insurance to City at the address provided below within 10 days of the
requested change. Contractor shall pay any costs incurred resulting from said
changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4.Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
•List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects
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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.
5.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.
6.In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to remove the exhibit hereunder, and/or withhold any payment(s)
if any, which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
7.Nothing herein contained shall be construed as limiting in any way the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor’s
performance of the work covered under this agreement.
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8.It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City
of Corpus Christi for liability arising out of operations under this agreement.
9.It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
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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A.Warranty on repairs shall be 90 days or better for all labor and materials.
B.Warranty on new installation shall be one year or better for all labor and
materials.
C.All parts shall be Original Equipment Manufacturer (OEM), new and unused.
ATTACHMENT D: WARRANTY REQUIREMENTS
DocuSign Envelope ID: 5FE77EA7-F0B5-4ED5-A6DE-F9BC694693DA
DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Laura Garcia, Director of Libraries
LauraGa@cctexas.com
(361) 826-7070
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a five-year supply agreement in the amount not to exceed $1,750,000 with Baker &
Taylor, LLC., Charlotte, North Carolina for library books, audio and visual recordings, downloadable digital
content, and processing services, with FY 2021 funding in the amount of $145,830.00 available from the
General fund.
SUMMARY:
This five-year supply agreement with Baker & Taylor LLC., through Texas Smart Buy (TXMAS), will provide
for the purchase of library books, audio and visual recordings, downloadable digital content, and
processing services that includes book jackets, spine labels, barcodes and MARC (cataloging) records.
BACKGROUND AND FINDINGS:
Library patrons borrow over 800,000 items per year. Material purchased through this supply agreement
will consist of over 10,000 books in print and over 1,500 downloadable digital content (eBooks\eAudio),
audio, and visual recordings (spoken word audio, DVD, Blu-Ray).
Full and partial processing services will also be provided through this agreement for book jackets, spine
and barcode labels, security strips, and brief or full MARC (cataloging) records. Partially processing items
entails placing book jackets and mylar covers on books, adding barcodes and other labeling, inserting theft
detection security strips, and adding MARC records (cataloging) to the library catalog. These processing
tasks are time-consuming and must be performed before an item is ready for check-out. Through this
agreement, Baker & Taylor LLC. will provide most of these tasks which will reduce processing time and
allow for more readily available library items.
Baker & Taylor LLC. will provide some full processing services, which means that items will be received
ready for placement on the shelves for check-out; however, full processing is more costly, so it will only be
used for high-demand items, such as bestsellers.
Library Books, Audio and Visual Recordings and Downloadable Digital Content
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
Both partial and full processing services are essential to the operation of the department as only one staff
member is available to handle processing and cataloging, with other public service staff assisting when
there is a backlog.
The current supply agreement with Baker & Taylor LLC., in the amount of $330,000 per year, was for a
24-month term with the option to extend for up to two additional 12-month periods, which were both
executed, and the agreement expires May 25, 2021. Baker & Taylor LLC., currently is the only vendor that
provides the full range of products being requested through the proposed agreement. Other existing
vendors that cater to public libraries do not supply audio and visual recordings (spoken word audio, DVD,
Blu-Ray) or digital content (eBooks/eAudio). Consolidating these products and services into one
agreement for a five-year term will bring more efficiency and availability to City libraries and staff as well
as increase the level of digital content, making our libraries more in-line with contemporary practices and
patrons’ needs.
PROCUREMENT DETAIL:
This procurement is through the Texas Smart Buy (TXMAS) Cooperative Contract No. 715-M2. Contracts
awarded through the TXMAS Cooperative have been competitively procured in compliance with Texas
Local and State procurement requirements.
ALTERNATIVES:
The alternative would be to have multiple vendors for the different products being requested. Consolidating
these products and services into one agreement for a five-year term will bring more efficiency and
availability to City libraries and staff as well as increase the level of digital content, making our libraries
more in-line with contemporary practices and patrons’ needs.
FISCAL IMPACT:
The fiscal impact for the Library Department in FY 2021 is an estimated amount of $145,830.00 for this
five-year supply agreement. The remaining estimated $1,604,170 will be budgeted in future years through
the annual budget process.
FUNDING DETAIL:
Fund: General Fund 1020
Organization/Activity: 12800
Mission Element: 111
Project # (CIP Only): N/A
Account: 520060
Amount: $145,830.00
RECOMMENDATION:
Staff recommends approval of the motion authorizing a five-year supply agreement with Baker & Taylor,
LLC, as presented.
LIST OF SUPPORTING DOCUMENTS:
Supply Agreement
Price Sheet
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form December 15, 2020
SUPPLY AGREEMENT NO. 3491
LIBRARY BOOKS, AUDIO AND VISUAL RECORDINGS
THIS Library Books, Audio and Visual Recordings Supply Agreement ("Agreement")
is entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation (“City”) and Baker & Taylor, LLC (“Contractor"), effective upon execution
by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Library Books, Audio and Visual
Recordings in response to Request for Bid No. TXMAS - 715-M2 /3491 (“RFB”), which RFB
includes the required scope of work and all specifications and which RFB and the
Contractor’s bid response are incorporated by reference in this Agreement as Exhibits
1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Library Books, Audio and Visual Recordings in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. “Goods,” “products”, and “supplies”, as used in this
Agreement, refer to and have the same meaning.
2. Term. This Agreement is for five years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-month periods (“Option
Period(s)”), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City’s
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$1,750,000.00, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next option
period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
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Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form December 15, 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: Gabby Sanchez
Department: Library
Phone: 361-826-7015
Email: Gabbys@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item’s bid price, must be paid
by the Contractor within 30 days of receipt of City’s invoice.
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Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form December 15, 2020
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In providing the Goods, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
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Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form December 15, 2020
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: Gabby Sanchez
Title: Senior Management Assistant
Address: 805 Comanche St., Corpus Christi, TX 78401
Phone: 361-826-7015
Fax: 361-826-7046
IF TO CONTRACTOR:
Baker & Taylor, LLC
Attn: Stefanie Kremer
Title: Director, Pricing Services
Address: 2550 West Tyvola Rd., Ste. 300, Charlotte, NC 28217
Phone: 704-998-3135
Fax: 704-998-3260
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
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Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form December 15, 2020
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor’s failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
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.
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Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form December 15, 2020
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
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Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form December 15, 2020
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 Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. TXMAS - 715-M2 /3491
Exhibit 2: Contractor’s Bid Response
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
3/18/2021
Stefanie Kremer
Director, Pricing Services
ATTACHMENT A: SCOPE OF WORK
1. General Requirements
Supplier shall supply the Corpus Christi Public Library with new editions of
library books, digital downloadable content, audio and visual recordings.
2. Scope of Work
A. The database must also include information about title changes,
availability dates of titles, and allow the library staff to review pending
shipments and invoices.
B. Shipping and handling costs will be included with the cost.
C. Contractor will not require a minimum order or attach any penalty to
orders below a certain size.
D. When requested, contractor shall deliver books, audio and visual
recordings pre-processed and ready for issuance to library patrons.
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
DISCOUNT TERMS AND CONDITIONS OF SALE
Baker & Taylor, LLC
Discount Terms and Conditions of Sale (FIRM ORDER BOOK/SPOKEN WORD AUDIO)
State of Texas – Public Libraries and State Agencies
Baker & Taylor, LLC is pleased to offer the discount terms a nd conditions listed below. The pricing grid below provides
discounts for each product category offered by Baker & Taylor.
Product
Category Category Definition (a) Price Indicator Discount
I.
Adult Trade Hardcover Editions
(Popular Fiction & Non-Fiction, and may include
some spoken word audio)
0 - (zero) (Hardcover Trade Editions)
C - (Hardcover Computer Books) 46.5%
II. Juvenile Trade Hardcover Editions
(Popular Fiction & Non-Fiction) J 46.5%
III. Adult Quality Paperback Editions
(Popular Fiction & Non-Fiction)
B - (Paperback Trade Editions)
C - (Paperback Computer Books) 40.5%
IV. Juvenile Quality Paperback Editions
(Popular Fiction & Non-Fiction) G 40.5%
V. Mass Market Paperback Editions P 40.0%
VI. Single Edition Reinforced (Juvenile) R 21.5%
VII. Publisher's Library Edition (Juvenile) Z 21.5%
VIII. University Press Trade Editions (may be of any
binding and include some spoken word audio) A 8.0%
IX.
Text, Technical, Reference, Professional Medical,
Small Press, some University Press titles
(excluding University Press Trade Editions)
and/or Titles of Limited Demand
(may be of any binding and include some spoken
word audio)
S/X/N - (Text, Technical, or Reference Editions)
L - (Hardcover Editions from Small Press and Hardcover
Titles of Limited Demand—primarily Adult)
7 - (Hardcover Titles of Limited Demand—primarily
Juvenile)
M - (Paperback Editions from Small Press and
Paperback Titles of Limited Demand—primarily Adult)
1 - (Paperback Titles of Limited Demand—primarily
Juvenile)
T/U/V/W/4/Letter O - (Specialty Textbooks)
5/6/8 - (Professional Medical Titles)
S = 8.0%
X = 8.0%
N = 8.0% (b)
L = 8.0% (c)(d)
7 = 21.5% (d)
M = 8.0% (c)(d)
1 = 8.0% (d)
T = 8.0%
U = 8.0%
V = 8.0%
W = 8.0%
4 = 8.0%
Letter O = 8.0%
5 = 8.0%
6 = 8.0%
8 = 8.0%
X.
Imported English and Non-English Language
Editions F/K/3
F = 0.0%
K = 8.0%
3 = 8.0%
XI. Enhanced Service Program Y / Q Q = 8.0%
Y = 0.0% + $4.95 (e)
XII. Spoken Word Audio H 45.5%
XIII. Board Books I 40.5%
XIV. Novelty Items/Activity Books I 40.5%
XV.
Special Programs, such as:
-Paw Prints and FollettBound Editions
-Turtleback Editions
-Playaway Audio Editions
D
E
All Playaway Audio editions
D = 10.0%
E = 10.0%
20.0%
(a) Please see Baker & Taylor’s Category Definitions for full category definitions, which are attached hereto and incorporated herein by
reference. Materials produced for TextStream print-on-demand services may fall into any category.
(b) Titles which receive minimal publisher discount will be invoiced at publisher’s list price.
(c) Represents publishers with limited sales volume, based upon a semi-annual review. These titles may be of any binding type or publisher of
origin.
(d) Represents individual titles which do not qualify for preferred stock status (based upon a quarterly review) and individual titles which
qualify for preferred stock status, but have limited demand (calculated over a rolling 12 month period). These titles may be of any binding
type or publisher of origin.
(e)Titles where Baker & Taylor receives no discount from the publisher or prepayment is required by the publisher or publishers whose titles
have limited demand and/or non-commercial publishers will be invoiced at list price plus $4.95/unit service charge.
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ATTACHMENT B - BID/PRICING SCHEDULEDocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
Processing Services
Premium Processing – Shelf-Ready Base Price Description
Mylar Jacket (or Laminate Cover), Label Protectors,
Spine Label, Barcode, and Standard MARC Record
1.48 ‐ 2.88 Option 1. Mylar, label protectors, spine label, barcode and standard
MARC Record = $1.48;
Option 2. Poly laminate cover, label
protectors, spine label, barcode and standard MARC Record = $2.08;
Option 3. Traditional laminate cover, label protectors, spine label,
barcode, and standard MARC Record = $2.88
Mylar Jacket (or Laminate Cover), Label Protectors,
Spine Label, Barcode, RFID Tag (programmed and
applied), and Standard MARC Record
2.17 – 3.57 Option 1. Mylar, label protectors, spine label, barcode, RFID tag
(linked and affixed) and standard MARC Record = $2.17;
Option 2.Poly laminate cover, label protectors, spine label, barcode, RFID
tag(linked and affixed) and standard MARC Record = $2.77;
Option 3.Traditional laminate cover, label protectors, spine label,
barcode, RFID tag (linked and affixed) and standard MARC Record = $3.57
Processing Services Base Price Description
Brief MARC Record No Charge If Vendor Offers MARC records, a Brief MARC Record Shall Be Free of
Charge, Per the Terms of this RFP
Full MARC Record .30 Price per unit, Standard (unedited) MARC Record
Mylar Jacket .69 Price per unit, includes loose, glued, or taped
Barcode Label .20 Price per unit, Baker & Taylor supplied Barcode Label, Application of
Customer Supplied Barcode is $0.25/unit
Label (per application – Customer supplied) .25 Price per unit, Customer Supplied Label
Label (per application – Vendor supplied) .25 Price per unit, Baker & Taylor Supplied Label
Genre Label .25 Price per unit, Baker & Taylor Supplied Label
Spine Label .29 Price per unit, Baker & Taylor Supplied Label
Label Protector .00 Free of Charge
Pocket (paper) .35 Price per unit
Property Stamp (per impression) .20 $0.20 for first location, $0.10 each additional location
Spine Tape (inside) 1.50 Price per unit
Spine Tape (outside) 1.50 Price per unit
Laminated Paperback Covers Base Price Description
Polypropylene Laminate; Various Thicknesses 1.29 Price per unit, Clear Poly Laminate (7 mil thickness)
Vinyl Laminate; Various Thicknesses 2.09 Price per unit, Traditional Laminate (10 mil thickness)
RFID/Theft Deterrents Base Price Description
Pre-programmed RFID/Barcode Set (1 Barcode);
Applied to book
.39 Price per unit for application of the Pre-programmed RFID/Barcode Set,
which would need to be Customer Supplied
RFID (“universal” tag programmed and applied) .69 Link & Affix Baker & Taylor Supplied Universal RFID Tag
CD/DVD Overlay RFID Tag 1.50 Link & Affix Baker & Taylor Supplied Overlay RFID Tag
Theft Deterrent Tape/Strip .59 Baker & Taylor Supplied 3M or Checkpoint Theft Detection
Audio Visual Processing and Accessories Base Price Description
Digital Processing for Media 5.79 Spoken Word Audio or Music/DVD Digital Media Processing Services.
Includes Digital Media Processing with artwork, standard case, and fixed
data labels. Additional variable labels available for $.15 per label
Hub Label .99 Price per unit for hub labels, regardless of number of discs
Shrink Wrap Removal .60 Price per unit
DVD/CD Case, Holds Single Disc (Plastic) .40 Standard Cases Used to Repackage Single/Doubles (Polyline)
DVD/CD Case, Holds Multiple Discs 1.35 Standard Cases Used to Repackage Multiple Discs as a Set
(VERSA/VORTEX Cases)
DVD/CD Case, Locking 1.00 Secure ii Locking Cases (Single & Double (Clear or Black)
Spoken Audio CD Case; Various Capacities 3.79 Standard black Spoken Word Audio Cases, Upgraded cases available for
$4.69/unit
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Baker & Taylor, LLC
Music/DVD/Blu-Ray
Terms and Conditions of Sale for
State of Texas – All Participating Members
Price Indicator Definition Discount
2 Music Compact Disc 25.0%
9 DVD/Blu-ray 28.5%
List prices used for calculating discounts are manufacturers' current, suggested list prices, where
available. Where no list price is supplied by the manufacturer, a list price will be assigned by Baker
& Taylor.
*AV titles with minimal discount or supplier restrictions or titles from small, specialty vendors will be
invoiced at Manufacturers Suggested Retail Price.
NOTE REGARDING DISNEY/BUENA VISTA HOME ENTERTAINMENT TITLES
For many years Baker & Taylor has been a distributor of video entertainment products of Buena
Vista Home Entertainment, a/k/a Walt Disney Studios Home Entertainment (“BVHE”). Recently, for
reasons beyond Baker & Taylor’s control, our relationship as a direct distributor of this produ ct line
has changed. We have been working to resolve the interruption of the supply chain, but have not
yet reached an agreement that would do so and are currently unable to supply BVHE video
entertainment product to our public library customers. While we believe this interruption to be a
temporary inconvenience, we cannot currently estimate when this interruption will be resolved.
During this interim period, we will be transitioning BVHE video entertainment product to “Not
Available from Baker & Taylor” status in Title Source 360 and cancelling existing back orders.
We remain committed to re-establishing our supply chain for BVHE video entertainment product
and will keep you updated on our progress.
If you have additional questions, please reach out to your Baker & Taylor sales consultant.
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Baker & Taylor, LLC
Discount Terms and Conditions of Sale
Also, please note that:
• Publisher’s list price is subject to change without notice.
• Except where otherwise noted, book discounts are applied to current publisher's list price at the time
of shipment.
• Baker & Taylor reserves the sole right to be the final determinant of product categories, category
definitions and price indicators. The discounts vary based on this determination.
• Titles are categorized by Baker & Taylor for pricing purposes by considering the binding, general
marketing categories, demand for certain titles, preferred stock status, cost of acquisition, cost of
distribution, and the size or type of publisher, as well as factors related to relationships with
publishers such as shipping terms, payment terms, publisher’s discount, returnability to publishers
and other factors.
• Product categories, category definitions and price indicators are subject to change at Baker & Taylor’s
sole discretion, without notice, based upon the above-described factors for categorizing titles.
• For domestic titles where no publisher list price is assigned by the publisher, Baker & Taylor will assign
such titles a price in its electronic catalog which is based upon Baker & Taylor’s estimate of market
conditions.
• For imported titles where no publisher list price is assigned by the publisher for the U.S. market,
Baker & Taylor will assign such titles a U.S. dollar price in its electronic catalog which is based upon
Baker & Taylor’s estimate of market conditions.
• For Paw Prints and Follett Bound editions, Baker & Taylor will assign such titles a price in its electronic
catalog which is based upon Baker & Taylor’s estimate of market conditions.
• Titles of limited demand or from small or specialty publishers generally are included in Product
Category IX or Product Category XI.
• The discount terms and conditions listed do not apply to Continuations or Approval Programs.
• Baker & Taylor provides an invoice that identifies the publisher’s current list price, the discount
offered, and the exact price charged for each title ordered.
4 of 4
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
CATEGORY DEFINITIONS
I. Adult Trade Hardcover Editions (0, C) (may include some spoken word audio materials)
High demand materials from widely distributed publishers designed for the general consumer, usually dealing with a subject matter having broad
mass appeal. These titles are typically released in hardback and can be either fiction or current non-fiction. Publisher promotional/media
expenditures and print runs are customarily higher for these titles than for most others. Inventory is maintained with preferred stock status
(regularly stocked in three to four major warehouses). An example of a trade edition would be: 14th Deadly Sin by James Patterson, ISBN:
9780316404021.
II. Juvenile Trade Hardcover Editions (J)
High demand, juvenile materials from widely distributed publishers designed for the general consumer, usually dealing with a subject matter
having broad mass appeal. These titles are typically released in hardback and can be either fiction or current non-fiction. Publisher
promotional/media expenditures and print runs are customarily higher for these titles than for most others. Inventory is maintained with
preferred stock status (regularly stocked in three to four major warehouses). An example of a trade edition would be: Are You Ready to Play
Outside by Mo Willems, ISBN: 9781423113478.
III. Adult Quality Paperback Editions (B, C)
High demand paperback materials from widely distributed publishers, other than the standard rack size paperback, typically fo und in bookstores
and other retail outlets. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses). An example
of a quality paperback would be: The Boys in the Boat by Daniel Brown, ISBN 9780143125471.
IV. Juvenile Quality Paperback Editions (G)
High demand, juvenile paperback materials from widely distributed publishers, other than the standard rack size paperback, typically found in
bookstores and other retail outlets. Inventory is maintained with preferred stock status (regularly stocked in three to four major warehouses).
An example of a quality paperback would be: Tuck Everlasting by Natalie Babbitt, ISBN: 9780312369811.
V. Mass Market Paperback Editions (P)
A standard rack size paperback typically found in bookstores or other retail outlets. An example of a mass ma rket paperback would be: The City
of Ember by Jeanne Duprau, ISBN: 9780375822742.
VI. Single Edition Reinforced (R)
A high quality binding designed to provide a long shelf life in a heavy use environment. Although the binding is fanned and glued it may not be
sewn, which is typically found in the publisher library edition. Subject content can include both fictional and non-fiction works appealing to
juveniles as well as adults. These bindings are identified by the publisher to Baker & Taylor. An example of a single edition reinforced binding
would be: Because of Winn Dixie by Kate DiCamillo, ISBN 9780763650070.
VII. Publisher Library Editions (Z)
Fiction as well as non-fiction materials appealing to both juveniles and adults, designed with the rugged durability required of the environment
typically found in a library setting. Publisher Library Editions are traditionally of the highest quality, usually fanned, sewn and glued to provide the
greatest possible shelf life of any binding. These bindings are identified by the publisher to Baker & Taylor. An example of a publisher library
edition would be: Curious George Visits the Library by Margaret Rey, ISBN: 9781599614199.
VIII. University Press Trade Editions (A) (may include some spoken word audio materials)
This category would include any University Press Trade Editions, both adult and juvenile, and are subject to publisher reclassification. An example
of a university press trade edition would be: Alexander McQueen: Savage Beauty by Andrew Bolton, ISBN: 9780300169782.
IX. Text, Technical, Reference, Small Press, and/or Titles of Limited Demand (S, X, N, L, M, V, T, U, W, Letter O, 1, 4, 5, 6, 7, 8)
Category of materials includes, but is not limited to, text, technical, reference, professional medical, small press, and some university press titles
(excluding University Press Trade Editions). It includes titles purchased from publishers on a non-returnable basis, those publishers that extend
little discount to Baker & Taylor, and publishers whose titles have limited sales volume based upon a semi-annual review.
It includes individual titles which do not qualify for preferred stock status (based upon a quarterly review) and individual titles which qualify for
preferred stock status, but have limited demand (calculated over a rolling 12 month period). Additionally, any publisher which is not in
compliance with some of Baker & Taylor's purchasing requirements could be in this category. Materials in this category are both adult and
juvenile, may be of any binding and may include some spoken word audio materials.
Examples within this category would be: The Merck Index, ISBN: 9781849736701, Strategies That Work, ISBN: 9781571104816, Beauty and the
East ISBN: 9781566563871, Generals of the Bulge: Leadership in the U.S. Army’s Greatest Battle ISBN 9780811711999, Frankie Works the
Night Shift, ISBN 9780060090951, and Floods, ISBN 9781624030031
X. Imported English and Non-English Language Editions (F, K, 3)
Titles produced and distributed outside of the domestic US. These titles may be of any binding type and represent various publishers. An
example would be El Angel Caido by Nalini Singh, ISBN 9788490625224.
XI. Enhanced Service Program Titles (Y/Q)
This category includes materials where Baker & Taylor receives no discount from the publisher, or prepayment is required by the publisher, or
publishers which have restrictions on returns, or books of small or non-commercial publishers with limited sales volume based upon a semi-
annual review. Any publisher which is not in compliance with Baker & Taylor's purchasing requirements would be in this category. Ma terials in
this category may be of any binding. These titles will receive no discount and are subject to a service charge. An example within this category
would be: Business Income Coverage Guide, ISBN: 9781941627532.
XII. Spoken Word Audio (H)
Materials designed for the general consumer, usually dealing with a subject matter having broad mass appeal. These titles can be either fiction or
current non-fiction. An example of a spoken word audio edition would be: The Complete Sherlock Holmes by Sir Arthur Conan Doyle ISBN:
9781491542286.
XIII. Board Books (I)
Durable materials from widely distributed domestic publishers designed for young children; pages are manufactured of heavy gauge cardboard to
prevent tearing. These editions typically feature few pages, simple themes and colorful illustrations or photographs. An example of a board book
would be: Runaway Bunny by Margaret Wise Brown, ISBN: 9780061074295.
XIV. Novelty Items/Activity Books (I)
Specially packaged gift set or novelty item related to a book product or attached as an accessory to a book product. These items would include a
book with toy, rag books, washable cloth books, books with accessories or kits, electronic sound books, sticker books, tracing books or coloring
books. This category also includes any non-book merchandise such as model kits, hobby kits, flash cards or jigsaw puzzles. An example of an item
in this category would be: Very Hungry Caterpillar Cookbook & Cookie Cutters Kit by Lara Starr, ISBN 9781452125527.
XV. Special Programs (D and E as indicated in the Discount Terms and Conditions of Sale)
Programs, formats, or editions offered only by Baker & Taylor or not included in any other category. These programs include but may not be
limited to Paw Prints, FollettBound and Turtleback editions. Examples of items in this category would be: Clifford’s Valentines Day by Norman
Bridwell, ISBN 9781435201736 (PawPrints prebound edition) and Junie B. Jones is Captain Field Day by Barbara Park, ISBN 9780613337670
(Turtleback prebound edition)
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
ENHANCED SERVICES PROGRAM
Baker & Taylor is pleased to offer a service that will save your li brary time and money when procuring titles from small
and hard to find publishers. By utilizing B&T’s vast publisher and title database, the library can purchase a wide variety
of low demand and small print run titles from associations and limited edition , prepayment, and non-returnable
publishers.
Baker & Taylor’s Enhanced Services Program provides the library with access to millions of active book titles
representing over 66,000 imprints. This breadth of coverage is greater than that of any other book industry wholesaler.
The “ESP” program builds on B&T’s already outstanding publisher relations by:
➢ Expanding our vendor relations team responsible for the follow-up of all publisher orders, improving
the speed of delivery of all titles to the library;
➢ Widening our publisher base to include hundreds of small non-commercial publishers formerly
considered apply direct by the book industry; and
➢ Increasing our reporting capabilities by providing order status reports for 100% of all titles not yet
published and by supplying anticipated publication release dates for all out of stock items.
This category includes material where Baker & Taylor receives no discount from the publisher or prepayment is
required by the publisher or books of small, limited in demand and/or non-commercial publishers. Any publisher which
is not in compliance with Baker & Taylor's purchasing requirements would be in this category. Materials in this
category may be of any binding. These titles will be invoiced at list price plus $4.95/unit service charge.
For libraries concerned about purchasing these types of titles, B&T’s TitleSource 360™ can assist the librarian in
researching a particular item’s category and format. Surcharge titles will appear with a Y in the discount code field.
Additionally, you may contact your Customer Service representative or Information Services via phone, fax, or email
(btinfo@baker-taylor.com) to determine surcharge titles before placing an order.
As a convenience to the library, B&T can exclude these titles from all orders by adjusting your account profile setup.
Please contact your Customer Service Representative for additional information.
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
RETURNS POLICIES
INSTITUTIONAL RETURNS
(Revised July 2015)
The following guidelines are required to ensure prompt handling of your return. All product returns (excluding Book
Leasing programs) require prior authorization from a Customer Service Representative. You may contact your
appropriate representative via the toll-free number listed on your packing list.
How to Obtain Return Authorization
Please use the Return Authorization Form from your shipment's packing list to make all returns. Contact your Customer
Service Representative for return authorization. All claims must be made within 45 days from the date of invoice.
1. When calling for return authorization, please have the following information available:
A. Return Authorization Form
B. Your account number and ATS# from the shipment's packing list (located mid -page under the Return
Authorization Form explanation)
C. Reason for the claim/return
D. Action being requested -
1. Replacement of product
2. Credit to your account; no replacement product necessary
2. Your Customer Service Representative will assign your return an authorization number (RTA#). To expedite the
process, please clearly mark the RTA# on the Return Authorization Form and on the outside of the carton in the
upper right corner from the shipping label.
3. Make your return via an insured and traceable carrier; Baker & Taylor is not liable for returns lost in transit.
4. Products incorrectly shipped by Baker & Taylor may be returned with authorization within 45 days of the
product's date of invoice. Product(s) meeting the definition of Publisher defective may be returned with prior
authorization within six months of the product's date of invoice. Products purchased with value -added
processing services which have been shipped as ordered are considered non-returnable.
DAMAGED SHIPMENTS: If you receive a damaged carton(s) which resulted in damaged product(s), please hold the
product(s) and save the carton for Carrier inspection. If the damage is visible at the time of delivery, bring it to the
Carrier's attention and note it on the Bill of Lading. Then, contact your Baker & Taylor Customer Service Representative
via the toll-free number listed on the packing list.
CLAIMING SHORTAGES: Please check your packing list or invoice before claiming shortages. All claims must be made
within 45 days from the product's invoice date. Please ensure you have received all cartons of a shipment prior to
signing for receipt from the Carrier. Cartons you have signed for as received from the Carrier are not claimable as
shortages from Baker & Taylor.
INTERNATIONAL CUSTOMERS ONLY: For information on making returns of damaged, defective, or incorrect products,
please contact your local International Sales Office or our International Customer Service Department
(internationallibrarycustomerservice@baker -taylor.com). You may also refer to the website
http://www.btol.com/international_libraries_details.cfm.
All returns should be sent to:
Baker & Taylor Returns Center
Department R
251 Mt. Olive Church Road
Commerce, GA 30599
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
AV RETURNS
Library & Education Account Audio/Video Product Returns Policy
(Revised June 2016)
The following guidelines are required to ensure the prompt handling of your Audio / Video (AV) returns; Music CD, DVD,
Blu-ray and 4k disc product. Note; Vinyl product is not returnable, per manufacturer’s policies, and is a “one way” sale.
All Music CD, DVD, Blu ray and 4K disc AV product returns (excluding DVD/BD lease return product - please contact AV
Customer Service for separate return procedures for your DVD/BD Lease program product) require prior return
authorization from an AV Customer Service Representative. Please contact your AV Customer Service Rep at 800-775-
1200.
How to Obtain Return Authorization
Contact your AV Customer Service Representative for return authorization numbers. All claims must be made within 45
days of invoice date.
1. When calling for return authorization, please have the following information available:
A. Your account number and invoice #s
B. Reason for the claim/return
C. Action being requested -
1. Replacement of product (defective return will receive a replacement of the same title)
2. Credit to your account; no replacement product necessary for incorrectly shipped items
3. Overstock return credit requires Customer Service Manager and Sales Manager approval
2. Your AV Customer Service Representative will assign your return an authorization number (RA#). To expedite
the process, please clearly mark the RA# on the outside of the carton in the upper right corner from the
shipping label and on inserted documents.
3. Ship your return via an insured and traceable carrier; Baker & Taylor is not liable for returns lost in transit.
4. Products incorrectly shipped by Baker & Taylor requires an authorization to be returned. Product should be
returned within seven days of invoice date; must be returned within 45 days of the product's invoice date.
Product(s) meeting the definition of a Manufacturer’s defective may be returned with a prior authorization.
Products purchased with value-added processing services which have been shipped as ordered are considered
non-returnable, unless disc is defective. In which case a replacement of same title will be sent (multi disc sets
require all discs to be returned).
DAMAGED SHIPMENTS: If you receive a damaged carton(s) which resulted in damaged Audio/Video product(s), please
hold the product(s) and save the carton for Carrier inspection. If the damage is visible at the time of delivery, bring it to
the Carrier's attention and note it on the Bill of Lading. Then, contact your Baker & Taylor AV Customer Service Rep via
the toll-free number above.
CLAIMING SHORTAGES: Please check your packing list or invoice before claiming shortages. All claims must be made
within 15 days from the product's invoice date. Please ensure you have received all cartons of a shipment prior to
signing for receipt from the Carrier. Cartons you have signed for as received from the Carrier are not claimable as
shortages from Baker & Taylor.
All returns with RA# should be sent promptly to:
Baker & Taylor Returns Center
Dept. R
251 Mt. Olive Church Road
Commerce, GA 30599
Questions? Contact your B&T
AV Customer Service Rep (800-775-1200)
Email via AVInfo@Baker-Taylor.com or
LibraryA/Vcustomerservice@baker-taylor.com
Baker & Taylor A/V Sales 800.775-2600 x2050
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Contract Item List
Contract No. 715M2 Publications, Audiovisual Materials, Books, Textbooks, and Ancillary Services
Category 1 Digital pre‐loaded; all‐in‐one audio books N/A 20% 20% 20%
Category 2 Digital pre‐loaded; all‐in‐one audio book pack kits N/A N/A N/A N/A
Category 3 Digital pre‐loaded N/A N/A N/A N/A
Category 4 Audiovisual Pre‐loaded; Device included N/A N/A N/A N/A
Category 5 Adult trade; fiction/non‐fiction hardbound N/A 46.5% 40% 46.5%
Category 6 Adult trade; fiction/non‐fiction paperback N/A 40.5% 20% 40.5%
Category 7 Juvenile trade; fiction/non‐fiction hardbound N/A 46.5% 40% 46.5%
Category 8 Juvenile trade; fiction/non‐fiction paperback N/A 40.5% 20% 40.5%
Category 9Mass market paperback; rack N/A 40.5% 20% 40.5%
Category 10 Non‐trade publication; hardbound N/A 8.0% 20% 8.0%
Category 11 Non‐trade publications; paperback N/A 8.0% 20% 8.0%
Category 12 University press N/A 8.0% 20% 8.0%
Category 13 Adult library bound; fiction/non‐fiction N/A 21.5% 20% 21.5%
Category 14 Juvenile library bound; fiction/non‐fiction N/A 21.5% 20% 21.5%
Category 15 Pre‐bound hardbound N/A 10.0% 0% 10.0%
Category 16 Pre‐bound paperback N/A 10.0% 0% 10.0%
Category 17 Music/Audio Compacts Disc; Pre‐recorded N/A N/A N/A N/A
Category 18 Music/Audio Record Disc, Vinyl; Pre‐recorded N/A N/A N/A N/A
Category 19 Audiovisual DVD/Blue‐ray pre‐recorded; feature/non‐
feature films N/A 28.5% 28.5% 28.5%
Category 20 Spoken word/audio compact disc pre‐recorded; abridged N/A 45.5% 34% 45.5%
Category 21 Spoken word/audio compact disc pre‐recorded; un‐
abridged N/A 45.5% 34% 45.5%
Category 22 Spoken word/audio MP3 format pre‐recorded; un‐abridged N/A 45.5% 34% 45.5%
*N/A = not awarded
Electronic and Digital Materials
Print Materials
Nonstandard Formats
Academic
Institutions
Category
State Agencies and
Co‐Op Member
Category
K‐12
School Libraries
Category
Public Libraries
(City, Regional, etc.)
Category
Baker & Taylor, LLC
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
Contract Item List
Contract No. 715M2 Publications, Audiovisual Materials, Books, Textbooks, and Ancillary Services
Premium Processing ‐ Shelf‐Ready Base Price Description
Mylar Jacket (or Laminate Cover), Label Protectors, Spine
Label, Barcode, and Standard MARC Record 1.48 ‐ 2.88
Option 1. Mylar, label protectors, spine label, barcode and standard
MARC Record = $1.48; Option 2. Poly laminate cover, label
protectors, spine label, barcode and standard MARC Record = $2.08;
Option 3. Traditional laminate cover, label protectors, spine label,
barcode, and standard MARC Record = $2.88
Mylar Jacket (or Laminate Cover), Label Protectors, Spine
Label, Barcode, RFID Tag (programmed and applied), and
Standard MARC Record
2.17 ‐ 3.57
Option 1. Mylar, label protectors, spine label, barcode, RFID tag
(linked and affixed) and standard MARC Record = $2.17; Option 2.
Poly laminate cover, label protectors, spine label, barcode, RFID tag
(linked and affixed) and standard MARC Record = $2.77; Option 3.
Traditional laminate cover, label protectors, spine label, barcode,
RFID tag (linked and affixed) and standard MARC Record = $3.57
Processing Services Base Price Description
Brief MARC Record No Charge If Vendor Offers MARC records, a Brief MARC Record Shall Be Free
of Charge, Per the Terms of This RFP
Full MARC Record .30 Price per unit, Standard (unedited) MARC Record
Mylar Jacket .69 Price per unit, Includes loose, glued or taped
Barcode Label .20
Price per unit, Baker & Taylor supplied Barcode Label, Application of
Customer Supplied Barcodes is $ .25/unit
Label (per application‐Customer supplied) .25 Price per unit, Customer Supplied Label
Label (per application‐Vendor supplied) .25 Price per unit, Baker & Taylor Supplied Label
Genre Label .25 Price per unit, Baker & Taylor Supplied Label
Spine Label .29 Price per unit, Baker & Taylor Supplied Label
Label Protector .00 Free of Charge
Pocket (paper) .35 Price per unit
Pocket (vinyl) N/A N/A
Property Stamp (per impression) .20 $ .20 for first location, $ .10/each additional location
Spine Tape (inside) 1.50 Price per unit
Spine Tape (Outside) 1.50 Price per unit
Audio Visual Processing and Accessories Base Price Description
Digital Processing for Media 5.79
Spoken Word Audio or Music/DVD Digital Media Processing
Services. Includes Digital Media Processing with artwork, standard
case and fixed data labels. Additional variable labels available for $
.15 per label.
Format Conversion Service N/A N/A
Hub Label (per application) .99 Price per unit for hub labels, regardless of number of discs
Shrink Wrap Removal .60 Price per unit
DVD/CD Case, Holds Single Disc (Paper) N/A N/A
DVD/CD Case, Holds Single Disc (Plastic) .40 Standard Cases Used to Repackage Singles/Doubles (Polyline)
DVD/CD Case, Holds Multiple Discs 1.35
Standard Cases Used to Repackage Multiple Discs as a Set
(VERSA/VORTEX CASES)
DVD/CD Case, Locking 1.00 SECURE ii LOCKING CASES, SINGLE & DOUBLE (CLEAR OR BLACK)
Spoken Audio CD Case; Various Capacities 3.79
Standard black Spoken Word Audio Cases, Upgraded cases available
for $4.69/unit
Baker & Taylor, LLC
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
Laminated Paperback Covers Base Price Description
Polypropylene Laminate; Various Thicknesses 1.29 Price per unit, Clear Poly Laminate (7 mil thickness)
Vinyl Laminate; Various Thicknesses 2.09 Price per unit, Traditional Laminate (10 mil thickness)
RFID/Theft Deterrents Base Price Description
Pre‐programmed RFID/Barcode Set (1 Barcode); Applied to
book .39 Price per unit for application of the Pre‐programmed RFID/Barcode
Set, which would need to be Customer Supplied
RFID ("universal" tag programmed and applied) .69 Link & Affix Baker & Taylor Supplied Universal RFID Tag
CD/DVD Overlay RFID Tag 1.50 Link & Affix Baker & Taylor Supplied Overlay RFID Tag
Theft Deterrent Tape/Strip .59 Baker & Taylor Supplied 3M or Checkpoint Theft Detection
Additional Processing Components
Additional Processing Components/Services Available:
Baker & Taylor Universal RFID Tag: $ .25/unit
Application of B&T Supplied RFID Tag: $ .19/unit
Additional Cataloging & Processing Services, as well as Customized Cataloging and Processing Services through Customized Library Services
(CLS), are available. Please contact your Customer Service Representative or Sales Representative to learn more.
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
ATTACHMENT C – INSURANCE AND BOND REQUIREMENTS
Insurance and Bond Requirements
No insurance or bonds are required therefore, Supply Agreement 3491, Section 5
Insurance; Bonds subsection 5 (A) and 5(B) are hereby void.
DocuSign Envelope ID: FF7BD3CA-BDD8-4F82-B40F-89C7A1F537E2
Attachment D – Warranty
Warranty
No warranty is required therefore, Supply Agreement 3491, Section 8, Warranty
Requirements subsections 8(A) and (B) are hereby void.
Page 1 of 1
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CITY OF CORPUS CHRISTI PRICE SHEET
CONTRACTS AND PROCUREMENT DEPARTMENT LIBRARY BOOKS, AUDIO AND VISUAL RECORDINGS
SENIOR BUYER: TRACY GARZA LIBRARY DEPARTMENTS
TEXAS SMART BUY (TXMAS) QUOTE CONTRACT NO. 715-M2
ITEM DESCRIPTION QTY UNIT ANNUAL UNIT PRICE EXTENDED TOTAL
$1,750,000.00GRAND TOTAL
BAKER & TAYLOR, LLC
CHARLOTTE, NC
1 $1,350,000.00$270,000.005YEARS Physical Materials
2 Digital Downloadable Content
using Axis360 Platform 5 YEARS $80,000.00 $400,000.00
DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: David S. Lehfeldt, Director of Solid Waste
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, via JP Morgan, of one additional Mack LR64 Refuse Truck
from Grande Ford Truck Sales, Inc, dba Grande Truck Center , of San Antonio, Texas for a total
amount of $348,568.25 to be used by Solid Waste in support of the department’s new inspection
and education program to address contamination in recycling waste, effective upon issuance of
the letter of acceptance with FY 2021 funding in the amount of $29,047.35 available through the
General Fund.
SUMMARY:
The motion is to authorize the lease -purchase of an additional side-loading automated refuse
collection truck to support the department’s new recycling inspection and education program. The
program is scheduled to begin in the fourth quarter of FY 2021. When the program initiates, the
truck will collect non-recyclable materials that residents have set out for collection in recycling
carts. Funding for the lease purchase was budgeted in the Solid Waste Services’ Code
Compliance FY 21 operating budget.
BACKGROUND AND FINDINGS:
Solid Waste Services is introducing a recycling education and inspection program in FY 2021 .
The program is designed to decrease the volume of non-recyclable materials collected through
the City’s recycling program. Solid Waste Services determined that one (1) Mack LR64 Chassis
with a New W ay Automated Side Loader body refuse truck is ideally suited to support the recycling
Lease-Purchase of One Mack LR64 Refuse Truck
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
education and inspection program. The truck will accompany the recycling education and
inspection team as they inspect recycling containers for unauthorized materials set out for
collection in recycling carts. The truck specifications are overall consistent with the Solid Waste
Department’s collection fleet and may be readily interchanged with other trucks to support
operations as needed. The cost of the recycling education and inspection program will be partially
offset by the decrease in non-recyclable materials and associated processing fees delivered to
the recycling processor.
PROCUREMENT DETAIL:
This procurement is through the HGAC-Buy Cooperative. Contracts awarded through the HGAC-
Buy Cooperative have been competitively procured in compliance with Texas Local and State
procurement requirements. The percentage of savings on the HGAC COOP is 12% less than
MSRP. In view of these savings through the HGAC COOP, it is the recommended method of
purchase for the City.
ALTERNATIVES:
An alternative is to not purchase this vehicle, thus not collecting the contamination and potentially
diminish the recycling education and inspection program’s effectiveness.
FISCAL IMPACT:
The fiscal impact for FY 2021 is estimated at $29,047.35 available through the General Fund.
Financing for the lease-purchase of the Mack LR64 Refuse Truck is based on a sixty-month term
with an estimated interest rate of 2.00% for an annual estimated payment of $69,713.64. The total
estimated cost over the five-year period, including principal of $331,444.00 and interest of
$17,124.25 is $348,568.25.
Total Lease-Purchase Price: $331,444.00
Total estimated allowable interest for Lease: $ 17,124.25
Grand Total: $348,568.25
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 12514 Compliance
Mission Element: 032 Recycling
Project # (CIP Only):
Account: 530190 Lease-Purchase
RECOMMENDATION:
Staff recommends approval of this motion authorizing the lease -purchase of one Mack LR64
Refuse Truck for Solid Waste Operations with Grande Ford Truck Sales, Inc, dba Grande T ruck
Center, as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
City of Corpus Christi
Contracts & Procurement
Buyer: Tracy Garza
ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL
1 2022 Mack LR64 Chassis with a Neway ASL body
Refuse Truck 1 $331,444.00 $331,444.00
$331,444.00
TOTAL PURCHASE PRICE
Price Sheet
Lease-Purchase of One Mack LR64 Refuse Truck
Solid Waste Department
HGACBuy Contract HT06-20
GRANDE FORD TRUCK SALES, INC., dba
GRANDE TRUCK CENTER
SAN ANTONIO, TX
Mack Side LoadingGarbage Truck
DATE: March 27, 2021
TO: Peter Zanoni, City Manager
FROM: Daniel McGinn, Director of Planning and Environmental & Strategic Initiatives
DanielMc@cctexas.com
(361) 826-7011
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a five-year service agreement for on-call emergency spill response and
remediation services for an estimated amount of $140,650.00 with Miller Environmental Services,
LLC, of Corpus Christi, Texas.
SUMMARY:
This service agreement will provide initial emergency response to environmental incidents in
which the City is the responsible party, or the responsible party is unknown.
BACKGROUND AND FINDINGS:
City Environmental Services oversees environmental impacts caused by and to City facilities
and projects, including those which cause or discover impacted soil, air, groundwater as well as
waters of the state. Mitigation and remediation actions require imm ediate response as well as
notification to proper state environmental agencies. In the past, Environmental Services has had
to have an emergency declaration to respond appropriately. Past responses include the
discovery of impacted soils and groundwater during public road construction, hydraulic fuel
leaks from city vehicles, and the discovery of illegally dumped chemical drums, all are examples
of situations where the city had to respond swiftly to address the public health concern.
Emergency Spill Response and Remediation Services
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
PROCUREMENT DETAIL:
Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for
new long-term contract. The City received two bids and is recommending award to the lowest
responsive, responsible bidder, Miller Environmental Services, LLC.
ALTERNATIVES:
An Alternative is to declare an emergency for procurement for each incident . The recommended
action provides immediate response since bid process has been completed and vendor is in
place when needed.
FISCAL IMPACT:
Environmental Services has historically maintained an emergency professional services balance
to address these unexpected spill and remediation response needs.
FUNDING DETAIL:
Fund: 4010 Water Fund
Organization/Activity: 30030 Environmental & Strategic Initiatives
Mission Element: 074
Project # (CIP Only): N/A
Account: 530000 Professional Services
RECOMMENDATION:
Staff recommends approval of this five-year agreement with Miller Environmental Services, LLC
as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tab
Service Agreement
Certification of Funds
City of Corpus Christi Bid Tabulation
Contracts and Procurement Department RFB No. 3480
Senior Buyer: Tracy Garza
ITEM DESCRIPTION UNIT 5 YEAR QTY UNIT PRICE EXTENDED
PRICE UNIT PRICE EXTENDED
PRICE
LABOR
1 Normal Service Hours,
(M-F 8:00 am – 5:00 pm)Hours 875 $65.00 $56,875.00 $475.00 $415,625.00
2 Service After Hours
(5:01 pm – 7:59 am)Hours 250 $97.50 $24,375.00 $555.00 $138,750.00
ALLOWANCE MARK-UP %EXTENDED
PRICE MARK-UP %EXTENDED
PRICE
3 $7,500 20 $9,000.000 15%$8,625.00
4 $27,000 20 $32,400.00 15%$31,050.00
5 $15,000 20 $18,000.00 15%$17,250.00
$140,650.00 $611,300.00
Emergency Spill Response and
Remediation Services
*Gainco, Inc. provided all required forms but did not possess the
required licensing, therefore they are deemed Non-Responsible
MILLER ENVIRONMENTAL
SERVICES, LLC
CORPUS CHRISTI, TX
*GAINCO, INC.
PORTLAND, TX
MATERIALS
Subcontractor Allowance
GRAND TOTAL
Materials
Equipment
Service Agreement Standard Form Page 1 of 7
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SERVICE AGREEMENT NO. .3480
EMERGENCY SPILL RESPONSE AND REMEDIATION SERVICES
THIS Emergency Spill Response and Remediation Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Miller Environmental Services, LLC
(“Contractor"), effective upon execution by the City Manager or the City Manager’s
designee (“City Manager”).
WHEREAS, Contractor has bid to provide Emergency Spill Response and
Remediation Services in response to Request for Bid/Proposal No. 3480 (“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 Emergency Spill Response and Remediation
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. Term. This Agreement is for five years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department, or the performance date listed in the
notice to proceed, whichever is later. The parties may mutually extend the term
of this Agreement for up to zero additional zero-month periods (“Option
Period(s)”), provided, the parties do so 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
$140,650.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City’s discretion, be allocated for use in the next option period.
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Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Sharon Murphy
Environmental Strategic Initiatives
361-826-4066
SharonL@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
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purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
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.
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11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Sharon Murphy
Title: Environmental Affairs Manager
Address: 1201 Leopard St., Corpus Christi, TX 78401
361-826-4066
IF TO CONTRACTOR:
Miller Environmental Services, LLC
Attn: Mike Kocian
Title: Unit Manager
Address: 401 Navigation, Corpus Christi, TX 78401
Phone: 361-289-9800
Fax: 361-289-6363
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
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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.
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
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consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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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. 3480
Exhibit 2: Contractor’s Bid/Proposal Response
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3/18/2021
General Manager
Mike Kocian
PAGE 1 OF 4
Attachment A: Scope of Work
General Requirement
The contractor shall provide emergency spill response, remediation services for
the Environmental Department and the removal of contaminated absorbent
from the within jurisdiction of the City of Corpus Christi as outline in the Scope of
Work.
Scope of Work
The Contractor shall provide all supervision, labor, transportation, tools, materials,
and equipment necessary for the completion of project services.
A. Service Requirements
1. Contractor shall provide specified services twenty-four (24) hours daily,
three hundred sixty-five (365) days yearly on as needed basis.
2. Contractor shall respond within thirty (30) minutes of receiving a work
order request/notification form the Environmental Department.
3. Contractor must be on site within two (2) hours of receipt of work order
request/notification for services.
4. Contractor shall begin spill response and/or remediation within (2) hours
of arrival on site unless otherwise approved by the Environmental
Department.
5. Contractor must have sufficient certified/trained personnel to fulfill work
demands.
6. Contractor shall have the capacity and capability to respond to on-site
highway, in water or shoreline incidents.
7. Contractor shall have the resources and equipment to meet the
response time dictated within this scope of work.
8. Contractor shall have the ability to mitigate spill incidents, for example,
but not limited to gas, oil, non-hazardous chemicals, and other types of
spills.
9. Contractor shall have vacuum trucks available for immediate response
to eliminate and/or mitigate pollutant loading and/or contamination to
the Municipal Separate Strom Sewer System (MS4) and/or waters of the
State.
10. Contractor shall have the ability to perform hydro excavation, when
required.
11. Contractor shall have the capability to perform services in confined
spaces and have the safety equipment and training required for
support.
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12. Contractor must have the capability to collect analytical samples
according to State Standards. Copies of all sample analysis taken shall
sent to Sharon Murphy, Environmental Affairs Manager, or her designee.
13. Contractor shall have the capability and equipment to hydro-jet
infrastructure lines blocked by a material or hazard.
14. Contractor is responsible for any and/or all decontamination of
personnel and equipment.
B. Spill Remediation includes any, and all affected areas.
C. All items used for spill response and remediation shall be free from the threat
of cross contamination.
D. Contractor shall provide status updates to the requester throughout the
duration of the response.
E. Contractor shall report to the requestor the time of completion of services.
F. All response and remediation services provided shall be documented by
the Contractor. A copy of the work order and invoice shall be submitted to
the City with the following information:
• Work Order Number
• Date
• Site Location/Address
• Description of response and/or remediation services provided
• List of material(s) used
• Quantity and Names of Crew Members
• Log of timeline, from time of City request to departure from the scene
• Signature of on-site City Work Coordinator
G. Contractor shall provide follow up services in the event additional
remediation is required.
H. Clean up materials will be disposed of in accordance with federal, state
and local environmental regulations.
Invoicing
All work will be invoiced and paid based upon contract pricing. All direct
expenses incurred should be included and charged accordingly. The City will
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pay for labor, material(s), and equipment used in the performance of the work as
outlined on the contract pricing sheet. Labor will be paid at the blended rates
shown for actual hours worked. Material and equipment will be paid at actual
costs plus allowed markup. Receipts are required. Subcontractors used will also
be allowed if approved in advance and will be compensated in the same
manner as the Contractor.
The following are NOT billable to the City:
1. Heat Stress
2. Vest-Fluorescent
3. Hand Tools
4. Lifeline Rope
5. Gas Monitor
6. Tripod
7. Cell Phone
8. Flashlight
9. Portable Lighting Tower
10. Per Diem
11. Other indirect costs to perform work
Invoices submitted without the required information will not be processed for
payment until the Contractor provides the required information as follows:
1. Service Agreement Number
2. P.O. Number and Work Order Number
3. Service Address
4. Description of Service Work
5. Itemized list of charges including labor rate, hours charged, etc.
6. Third Party Invoices, i.e., Equipment Rental, if applicable
7. Name of authorizing City representative (on-site Work Coordinator)
Work Site and Conditions
Work shall be performed at any location within the City of Corpus Christi’s
jurisdictional boundary and/or any location deemed affected by incidents
occurring within the City of Corpus Christi’s jurisdictional boundary, which shall
include incidents occurring and/or threatening waterways and/or waters of the
State for which the City has the responsibility to protect through state issued
permits. The work may be required on land, roadways, infrastructure, ditches,
waterways, structures, objects, and other items determined to be affected by the
incident.
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Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that is
acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of the
work to insure it complies with the contract requirements.
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Attachment C: Insurance Requirements
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
the subcontractor has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1)
copy of Certificates of Insurance with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of
cancellation, non-renewal, material
change or termination required on all
certificates and policies.
Bodily Injury and Property Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$1,000,000 Aggregate
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$1,000,000 Combined Single Limit
WORKERS’S COMPENSATION
(All States Endorsement if Company is
not
domiciled in Texas)
Employer’s Liability
Statutory and complies with Part II
of this
Exhibit.
$500,000/$500,000/$500,000
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PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
(Defense costs not included in face
value of the policy)
If claims made policy, retro date
must be prior to inception of
agreement, have extended
reporting period provisions and
identify any limitations regarding
who is insured.
POLLUTION LIABILITY
(Including Cleanup and Remediation)
$1,000,000 Per Incident Limit
$1,000,000 Aggregate
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
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on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2021 Insurance Requirements
Ins. Req. Exhibit
Contracts for General Services - Services Performed Onsite - Pollution - Professional Liability
02/04/2021 Risk Management – Legal Dept.
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Page 1of 1
ATTACHMENT D: WARRANTY REQUIREMENTS
No warranty is required therefore, Service Agreement 3480, Section 8,
Warranty Requirements subsections 8(A)and (B) are hereby void.
DocuSign Envelope ID: 28831D3D-F72B-4F7A-A404-A32403FF7AC0
DATE: April 20, 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 one-year service agreement with Great South Texas Corp, dba Computer
Solutions of San Antonio, Texas, in an amount of $74,940.49 for the maintenance renewal for
Cisco SmartNet for the Information Technology Department, effective upon issuance of a notice
to proceed with FY 2021 funding available in the Information Technology Fund.
SUMMARY:
This motion authorizes a service agreement with Great South Texas Corp dba Computer
Solutions for the maintenance renewal of Cisco SmartNet. This maintenance renewal will provide
the necessary support for the City’s critical network infrastructure.
BACKGROUND AND FINDINGS:
Cisco SmartNet maintenance is required for critical network infrastructure which includes support
and security updates for hardware and software. Cisco SmartNet includes 24-hour access to
network technical assistance center engineers, device management, online technical resources,
software updates and hardware replacements. The Cisco SmartNet renewal will ensure that the
City of Corpus Christi has support for the critical network infrastructure.
CISCO SmartNet Maintenance Renewal
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
PROCUREMENT DETAIL:
The IT Department reached out to Contracts and Procurement to issue a contract through the
DIR Purchasing Cooperative. Contracts awarded through the DIR Purchase Cooperative have
been competitively procured, in compliance with Texas local and state procurement requirements.
ALTERNATIVES:
There is no alternative. The critical network infrastructure is a highly secure system that must be
maintained and supported by Cisco Smartnet.
FISCAL IMPACT:
The fiscal impact for Information Technology Department in FY 2021 is an amount not to exceed
$74,940.49 for a one-year agreement. This represents a 12% savings from the FY 2020 service
agreement of $85,146.87, and a 16% savings from the current list price for these services of
$89,214.87.
FUNDING DETAIL:
Fund: 5210 Info Tech
Organization/Activity: 40430 IT Network Services
Mission Element: 241 Provide Support Technology Infrastructure
Project # (CIP Only): n/a
Account: 530230 Equipment Maintenance
RECOMMENDATION:
Staff recommends approval of this motion authorizing a one-year service agreement with Great
South Texas Corp, dba Computer Solutions.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Service Agreement
City of Corpus Christi Price Sheet
Sr. Buyer: Minerva Alvarado CISCO SmartNet Renewal
DIR-TSO-1467
Item Description Qty Cost Total
1 CCWR - CISCO SmartNet Renewal 1 $74,940.49 $74,940.49
$74,940.49
Great South Texas Corp, dba
Computer Solutions
San Antonio, Texas
Total
Service Agreement Standard Form Page 1 of 7
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SERVICE AGREEMENT NO. 100648
CISCO SmartNet Renewal
THIS CISCO SmartNet Renewal 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”).
WHEREAS, Contractor has bid to provide CISCO SmartNet Renewal in response to
Request for Bid/Proposal No. 100648 (“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 CISCO SmartNet Renewal (“Services”) in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for one year, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Division, or the performance date listed in the notice
to proceed, whichever is later. The parties may mutually extend the term of this
Agreement for up to zero additional zero-year periods (“Option Period(s)”),
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$74,940.49, 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 must be mailed to the following address with a copy provided to the
Contract Administrator:
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City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Alan Carlos
IT Department
Phone: 361-826-3782
alancarlos@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.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
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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 30 th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
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12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Alan Carlos
Assistant Director of IT
1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3782
Fax: n/a
IF TO CONTRACTOR:
Great South Texas Corp, dba Computer Solutions
Attn: David Jones
Inside Sales Representative
814 Arion Parkway, Suite 101, San Antonio, TX 78216
Phone: 210-369-0318
Fax: 210-369-0389
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
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WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor’s failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
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22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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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. 100648
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 262E50D8-DAA2-4CFD-95E1-36BCE038CBC0
Inside Sales Associate
3/25/2021
David Jones
Page 1 of 1
Attachment A: Scope of Work
Project Name: Cisco SmartNet Renewal
Project Address: City of Corpus Christi, City Hall, 1201 Leopard Street, 1st Floor, Corpus Christi,
Texas, 78401
Scope of Work:
1.The Contractor shall resell Cisco Smartnet that will provide support for enterprise Cisco
software and hardware devices.
2.The Contractor shall resell Smartnet that will include device management, device
support, online technical resources, software updates, and advanced hardware
replacement.
3.The Contractor shall reference equipment covered in the SmartNet agreement Exhibit
#1, Final_CoCC_2021-Smartnet_1YR_3.18.21.xls.
1 Cisco Smartnet Renewal: CCWR Quote# 451208802
See Xls Reference Doc - Network Tab
2 Cisco Smartnet Renewal: CCWR Quote# 451208802
See Xls Reference Doc - UCS Tab
3 Cisco Smartnet Renewal: CCWR Quote# 451208802
See Xls Reference Doc - Video Tab
4 Cisco Smartnet Renewal: CCWR Quote# 291736761
See Xls Reference Doc - Network_2 Tab
DocuSign Envelope ID: 262E50D8-DAA2-4CFD-95E1-36BCE038CBC0
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
Mar 15, 2021 07:40 PM
CDT
Expiration
Date
04/30/2021
Modified Date
Mar 18, 2021 08:28 AM CDT
Quote (Open)
Doc #
1029137 - rev 1 of 1
Description
Cisco Smartnet Renew 2021
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: DISCIS4167 -
CISCO DIR-TSO-4167 EXP
7/3/21
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
1 Cisco Smartnet Renewal: CCWR Quote# 451208802
See Xls Reference Doc - Network Tab
CISCO-SMARTNET $45,419.71 1 $38,152.56 $38,152.56
Note: DIR-TSO-4167 Cisco 16% Discount (1YR State/Local GOV)
2 Cisco Smartnet Renewal: CCWR Quote# 451208802
See Xls Reference Doc - UCS Tab
CISCO-SMARTNET $19,494.47 1 $16,375.35 $16,375.35
Note: DIR-TSO-4167 Cisco 16% Discount (1YR State/Local GOV)
3 Cisco Smartnet Renewal: CCWR Quote# 451208802
See Xls Reference Doc - Video Tab
CISCO-SMARTNET $8,541.00 1 $7,174.44 $7,174.44
Note: DIR-TSO-4167 Cisco 16% Discount (1YR State/Local GOV)
4 Cisco Smartnet Renewal: CCWR Quote# 291736761
See Xls Reference Doc - Network_2 Tab
CISCO-SMARTNET $15,759.69 1 $13,238.14 $13,238.14
Note: DIR-TSO-4167 Cisco 16% Discount (1YR State/Local GOV)
Notes
See Xls Reference Doc:
Final_CoCC_2021_Smartnet_1YR_3.18.2021
Thank you for the opportunity to provide this quote.
.
Subtotal: $74,940.49
Tax (.0000%): $0.00
Shipping: $0.00
Total: $74,940.49
(List Price: $89,214.87)
Attachment B: Bid/Pricing Schedule
Page 1 of 1
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Attachment C: Insurance Requirements
A.CONTRACTOR’S LIABILITY INSURANCE
1.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.
2.Contractor must furnish to the City’s Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
ERRORS & OMMISSIONS $1,000,000 Per Occurrence
$1,000,000 Aggregate
3.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.
B.ADDITIONAL REQUIREMENTS
1.Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers’ compensation coverage provided must be in 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.
2.Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
3.Contractor shall be required to submit 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:
Page 1 of 3
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City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
4.Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
List the City and its officers, officials, employees, 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 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than 10 calendar days advance written notice for nonpayment of premium.
5.Within 5 calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
6.In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
7.Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor’s performance of the
work covered under this contract.
Page 2 of 3
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8.It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
9.It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2020 Insurance Requirements
Ins. Req. Exhibit 7-B
IT Contracts - Software Support, Configuration, Implementation or Maintenance
06/08/2020 Risk Management – Legal Dept.
Page 3 of 3
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Attachment D: Warranty Requirements
Warranty is not required for this agreement; therefore,
section 8 - Warranty, subsection 8 (A) and 8 (B) is null and
void.
Page 1 of 1
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DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director of Public W orks
RichardM5@cctexas.com
(361) 826-3419
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the purchase of one replacement 2020 Gradall XL3100 wheeled excavator
from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas for a total amount of
$364,233.05, to be used for pavement repairs of City streets by the Department of Public Works,
with FY 2021 funding available and included in the Vehicle and Equipment Replacement Fund.
SUMMARY:
This motion authorizes the purchase of one-wheel excavator to be utilized to excavate base and
pavement repairs and/or utility cut restoration repairs across the 2,919 lanes miles that comprise
the City of Corpus Christi’s street inventory. This unit will replace the one unit currently in Public
Works’ Street Maintenance inventory.
BACKGROUND AND FINDINGS:
The Department of Public Works has identified a need to replace the Gradall XL3100 wheel
excavator. This current unit has exceeded its useful life expectancy of ten years and 8,400 logged
service hours. The unit is 16 years old with 11,327 logged service hours. The current unit is no
longer operational since the repairs will exceed the value of the machine and it is awaiting
disposition in the auction yard.
In the past three years, on average this unit was utilized to restore an average of 14,110 utility
pavement cuts to pre-pavement cut quality (the quality of the pavement prior to Utilities cutting
into the street and excavating the street’s structural base layer) and an average of 149 base and
pavement repairs annually. Due to the loss of this unit, street maintenance crews have had to
delay base and pavement repairs and utility cut restorations during the first half of FY 2021. W ork
is currently being completed with assistance from the new asphalt milling machine and a smaller
paving unit. While the crew’s production is slowly trending upward, they are not meeting monthly
performance goals like they would with a functional wheeled excavator. This unit will also be used
by the base and pavement crew/operations. This unit also could be used in scenarios in which
Purchase of One 2020 Gradall XL3100 Wheeled Excavator for Public Works
AGENDA MEMORANDUM
Action Item for the City Council Meeting of April 20, 2021
emergency trenching or excavating is needed, for example stormwater pipe replacements, cave-
ins, etc.
The 2020 Gradall XL 3100 wheeled excavator purchase includes an extended five-year warranty
and in-person on-site employee training for all employees planned to utilize the unit in their normal
day-to-day job responsibilities.
PROCUREMENT DETAIL:
This procurement is being facilitated through the Sourcewell Cooperative. Contracts awarded
through the Sourcewell Cooperative have been competitively procured in compliance with Texas
Local and State procurement requirements. The percentage of saving on the Sourcewell
Cooperative is $14,177.56 less than list price of $378,410.61. In view of this savings, this is the
best method of purchase for the City for this Gradall XL3100 wheeled excavator unit.
ALTERNATIVES:
The alternative to purchasing the wheel excavator is to rent one. However, this will not be cost
effective for the long-term, and the equipment may not be readily available when needed, if rented.
FISCAL IMPACT:
The FY 2021 fiscal impact of this purchase totals $364,233.05 for one 2020 Gradall XL3100
wheeled excavator unit to be funded through the FY 2021 Vehicle & Equipment Replacement
Fund.
FUNDING DETAIL:
Fund: 5111 Vehicle & Equipment Replacement Fund
Organization/Activity: 12431 Streets Fund Fleet
Mission Element: 201 Manage Fleet Inventories
Project # (CIP Only): N/A
Account: 550020 Vehicles and Machinery
Amount: $364,233.05
RECOMMENDATION:
Staff recommends approval of the capital equipment purchase from Waukesha-Pearce Industries,
Inc. for one 2020 Gradall XL3100 wheeled excavator unit.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
CITY OF CORPUS CHRISTI Price Sheet
Contracts and Procurement Purchase of One 2020 Gradall Excavator for Public Works
Senior Buyer: Cynthia Perez Sourcewell Contract 040319-GRD
Unit Extended
Price Price
1
2020 Gradall XL3100 Wheeled Excavator
4X2 V Hydraulic Excavator, Remote,
Highway Speed
1 EA.
$364,233.05 $364,233.05
TOTAL:$364,233.05
Waukesha- Pearce Industries, Inc
Corpus Christi, TX
ITEM DESCRIPTION QTY.UNIT
Council Presentation
April 20, 2021
Public Works Department
FY 2021 Equipment Replacement & Purchases
1
•Average Annual Production
•Utility Cuts: 14,011 restorations
•B&P Repairs: 149 repairs
2
Wheeled Excavator
(21-0365)
•Replacement for the
only wheeled excavator
in the Public Works
fleet.
•Services the
department’s Street
Maintenance activities.
•Assists with Utility Cut
Restorations and base
and pavement repairs.
3
Department of
Public Works
Questions?
AGENDA MEMORANDUM
Action Item for the City Council Meeting of April 20, 2021
DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Kevin Smith, Director of Aviation
kevins4@cctexas.com
(361) 289-0171 ext. 1213
Heather Hurlbert, CPA, Director of Finance
heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Motion awarding a Master Services Agreement to Garver, LLC, Corpus Christi, Texas, for
planning, architectural, and professional engineering services for the Corpus Christi International
Airport, in an amount not to exceed $7,500,000.00 for a five-year term, with FY 2021 funding
available from grant funding and the Aviation Capital Fund.
SUMMARY:
This motion awards a Master Services Agreement (MSA) to perform professional engineering
services for planning, architectural and professional engineering services for the Corpus Christi
International Airport. The MSA will address airport system master planning, air noise compatibility
planning, environmental assessments and preliminary studies. This will also include architectural,
civil, geotechnical, structural, mechanical, and electrical engineering services.
BACKGROUND AND FINDINGS:
The Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of
Corpus Christi. The airport is located within the City Limits of Corpus Christi, Nueces County.
CCIA has direct regional access from State Highway 44 and is five miles west of the Corpus
Christi Central Business District.
CCIA is made up of over 2,400 acres; 1,100 acres being inside the Airport Operations Area and
classified as a non-hub, commercial service airport in the National Plan of Integrated Airports
Master Services Agreement
Professional Engineering Services for CCIA
System. Airside facilities generally include, but are not limited to, runways, taxiways, connecting
taxiways, airfield lighting, and navigational aids. The existing runway configuration at CCIA
includes two runways. Runway 13-31 is oriented to the northwest-southeast and serves as the
primary runway. It is 7,510 feet long and 150 feet wide. Runway 18-36 serves as the crosswind
runway and is 6,080 feet long and 150 feet wide. The airport enplanes more than 340,000
passengers annually and experiences over 100,000 annual aircraft operations each year.
Currently Engineering Services does not have an MSA for airport. The previous MSA with Garver
expired on February 15, 2021. The expired MSA with Garver was for $1,500,000.00 for one year
with three one-year renewal option for a total not to exceed $6,000,000.00. The proposed MSA
is for a five-year term in an amount not to exceed $7,500,000.00. The MSA will support the
approved Capital Improvement Program, and Operations & Maintenance projects. These projects
include, but are not limited to, Terminal Improvements, Runway/Taxiway Rehabilitation, Aircraft
Rescue Fire Fighting Station Apron Improvements, Quick Turn-Around Facility Improvements,
Public Cell Phone Lot, CCIA Airfield Pavement Assessment, Airport Master Plan, and
International Drive projects. Individual task orders will be negotiated and approved
administratively to meet the project requirements.
COMPETITIVE SOLICITATION PROCESS
Garver, LLC was selected for the Professional Engineering Services for Corpus Christi
International Airport in February 2021 under RFQ 3279. Eleven firms submitted under the RFQ
and three firms were short listed for interviews.
Garver, LLC was selected for this project. The selection committee was comprised with
representatives from the Aviation Department and Engineering Services. The final evaluation
ranked Garver, LLC the highest and recommended the firm as most qualified based on three
factors: 1) experience of the firm, 2) experience of the team and qualifications, and 3)
understanding of the scope of services.
Garver, LLC has previously held an MSA with the Department of Aviation to provide professional
engineering services and has supported numerous projects on the airfield including Multi-Phase
Terminal and General Aviation Apron Rehabilitation Project, Airport Operating Area Perimeter
Fencing Project, Taxiway “K” Reconstruction, Terminal Assessment, and other numerous
projects.
ALTERNATIVES:
Not awarding this MSA would require Engineering Services to advertise, solicit, and award
multiple smaller contracts significantly impacting support for aviation.
FISCAL IMPACT:
The fiscal impact for FY2021 is an amount not to exceed $7,500,000.00 with funding available
from grant funding and the Aviation Capital Fund. Specific funding details will be determined at
the time a task order is issued.
FUNDING DETAIL:
Not applicable. Funding details will be available once task orders are issued for the required work.
RECOMMENDATION:
Staff recommends approval of this motion to award this MSA to Garver LLC. in an amount not to
exceed $7,500,000.00.
LIST OF SUPPORTING DOCUMENTS:
MSA for Professional Services
Location and Vicinity Map
37
37
181
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PROFFESIONAL ENGINEERING
SERVICES FOR CORPUS CHRISTI
INTERNATIONAL AIRPORT
Project Number: RFQ 3279LOCATION MAP
NOT TO SCALE
CITYWIDE PROJECT
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
Project Number: RFQ 3279VICINITY MAP
NOT TO SCALE
PROFFESIONAL ENGINEERING
SERVICES FOR CORPUS CHRISTI
INTERNATIONAL AIRPORT
CCIA AIRPORT
AGNES ST.
Page 1 Rev. 21-3
SERVICE AGREEMENT NO. 3279
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
Corpus Christi International Airport (CCIA)
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 Garver, LLC, 3755 S. Capital of Texas Highway, Suite
325, Austin, Texas 7874-8810 (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 – OPINIONS OF COST ....................................................................................................... 4
ARTICLE V – INSURANCE REQUIREMENTS ....................................................................................... 5
ARTICLE VI - INDEMNIFICATION .......................................................................................................... 5
ARTICLE VII – TERM; RENEWALS; TIMES FOR RENDERING SERVICE ............................................ 5
ARTICLE VIII - TERMINATION OF AGREEMENT .................................................................................. 5
ARTICLE IX – RIGHT OF REVIEW AND AUDIT ..................................................................................... 6
ARTICLE X – OWNER REMEDIES ........................................................................................................ 7
ARTICLE XI – CONSULTANT REMEDIES ............................................................................................. 8
ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION .......................................................................... 8
ARTICLE XIII – MISCELLANEOUS PROVISIONS .................................................................................. 9
EXHIBITS
Page 2 Rev. 21-3
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 Notwithstanding any provision to the contrary, aside from Consultant’s direct subconsultants, Consultant
shall not at any time supervise, direct, control or have authority over any contractor’s work, nor shall
Consultant have authority over or be responsible for the means, methods, techniques, sequences, or
procedures of construction selected or used by any such contractor, or the safety precautions and
programs incident thereto, for security or safety at the project site, nor for any failure of a contractor to
comply with laws and regulations applicable to that contractor’s services. Consultant shall not be
Page 3 Rev. 21-3
responsible for the acts or omissions of any contractor for whom it does not have a direct contract.
Consultant neither guarantees the performance of any contractor nor assumes responsibility for any
contractor’s failure to furnish and perform its work in accordance with the construction contract documents
applicable to the contractor’s work, even when Consultant is performing construction phase services.
1.10 Mandatory Contract Provisions for Airport Projects. Consultant must comply with all mandatory federal
contract provisions for Professional Services (A/E) Contracts, included as Exhibit G. Consultant agrees
to include the contract provisions in Exhibit G in each subcontract and require each subconsultant to
include these contract provisions in all subcontracts. Consultant agrees to incorporate applicable
requirements of the contract provisions in Exhibit G by reference for work done under any purchase
orders, rental agreements or other agreements for supplies or services.
1.11 For projects that require subsurface utility investigation:
1.11.1 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.
1.11.2 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.
1.12 For project with potential utility conflicts:
1.12.1 The Consultant agrees to coordinate the verification and resolution of all potential utility
conflicts.
1.12.2 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
$7,500,000.00.
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.
2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals
Page 4 Rev. 21-3
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. 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.
2.6 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.
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 – OPINIONS OF COST
4.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
4.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
4.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or
over the contractor’s methods of determining prices, or over competitive bidding or market conditions,
Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the
basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design
professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals,
bids or the construction cost shall not vary from the OPC prepared by Consultant.
Page 5 Rev. 21-3
ARTICLE V – INSURANCE REQUIREMENTS
5.1 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.
5.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE VI - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees 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 (except from intellectual property provided by
City), or failure to pay a subcontractor or supplier committed by Consultant or its agent,
Consultant under contract or another entity over which Consultant exercises control while in
the exercise of rights or performance of the duties under this agreement. This indemnification
does not apply to any liability resulting from the negligent acts or omissions of the City or its
employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of
contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or
breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable
attorney’s fees in proportion to the Consultant’s liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant’s activities under this
Agreement.
ARTICLE VII – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
7.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
7.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
7.3 The term of this Agreement shall be for a period of five years beginning on the Effective Date, unless
extended by authority of the City Manager or designee.
7.4 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 VIII - TERMINATION OF AGREEMENT
Page 6 Rev. 21-3
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate
this Agreement for convenience in the event such suspension extends for a period beyond 120
calendar days by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds
to diligently cure such failure within the ten days, the agreement will not terminate. If the
Consultant again fails to perform under this agreement, the City may terminate the agreement for
cause upon seven days written notice to the Consultant with no additional cure period. If the City
terminates for cause, the City may reject any and all proposals submitted by Consultant for up to
two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure
period, Consultant shall immediately begin the phase-out and discontinuance of all services in
connection with the performance of this Agreement. Within 30 calendar days after receipt of the
Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant
shall submit a statement showing in detail the services performed under this Agreement prior to
the effective date of termination. City retains the option to grant an extension to the time period
for submittal of such statement. 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.
8.3.2 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based
upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total
services actually completed at the time of termination. There will be no compensation for
anticipated profits on services not completed.
8.3.3 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and
documents, as required above, shall constitute a waiver by Consultant of any and all rights or
claims to payment for services performed under this Agreement.
ARTICLE IX – RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of
Consultant’s records relating to the performance of the Work under this Agreement, during the term of
Page 7 Rev. 21-3
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. Except to the extent allowed under applicable law,
notwithstanding anything in this Agreement, records shall not be provided related to lump sum services,
unit prices, fixed fees or rates agreed upon to the extent the information contains Consultant’s proprietary
financial information.
9.2 “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.
9.3 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.
9.4 Consultant shall use commercially reasonable efforts to include this audit clause in any subcontractor,
supplier or vendor contract.
ARTICLE X – OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations.
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 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 documents.
10.2 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.
10.3 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:
Page 8 Rev. 21-3
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, as part of Consultant’s existing,
authorized fees;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
10.4 During the bid phase for construction, the Consultant may be required to revise bid documents and re-
advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates
excessive addenda, either in terms of the nature of the revision or the actual number of changes due to
the Consultant’s errors or omissions.
10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE XI – CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes
beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount
equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised
schedule should be approved in writing with a documented reason for granting the extension.
11.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim
as provided in this Agreement.
ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within
21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the
general nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature,
verifying the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will
be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will
have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii)
modify the initial request for remedy or (iii) request Alternative Dispute Resolution.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
Page 9 Rev. 21-3
12.2 Alternative Dispute Resolution
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior
management representatives within their respective organizations who have overall managerial
responsibility for similar projects. This step shall be a condition precedent to the use of mediation.
If the parties’ senior management representatives cannot resolve the dispute within 30 calendar
days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the
mediation process contained herein.
12.2.3 Mediation
12.2.3.1 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.
12.2.3.2 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.
12.2.3.3 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.
12.2.3.4 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.
12.3 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.
12.4 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.
12.5 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.
ARTICLE XIII – MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Page 10 Rev. 21-3
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.
13.2 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 pursuant to or as a result of
this Agreement, including contract documents (plans and specifications), drawings and submittal data;
provided however, any and all underlying intellectual property, if any (unless provided by City), shall
remain the property of Consultant such that Consultant may continue to perform its business in the normal
course. 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.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent 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.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard
to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what
manner these goals and objectives are to be met.
13.6 Entire Agreement. This Agreement, 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.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party
beneficiaries by entering into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.9 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.
Page 11 Rev. 21-3
13.10 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
13.11 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.
13.12 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.
13.13 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.
13.14 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.
13.15 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.
13.16 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 GARVER, LLC
________________________________ ________________________________
Michael Rodriguez (Date) Josh Crawford, P.E. (Date)
Chief of Staff Texas Aviation Director
3755 S. Capital of Texas Highway, Suite 325
Austin, Texas 7874-8810
(512) 485-0014
jbcrawford@garverusa.com
APPROVED AS TO LEGAL FORM
Assistant City Attorney (Date)
for City Attorney
ATTEST
Rebecca Huerta, City Secretary
Master Services Agreement
EXHIBIT A
SCOPE OF SERVICES
This Master Services Agreement will meet the ongoing needs of the approved Airport
Capital Improvement Program and Operational & Maintenance Projects. Task Orders will
be issued for the types of services listed below:
13.16.1 Planning Services
This category includes studies under the broad headings of airport system and master
planning, airport noise compatibility planning and environmental assessments and
related studies. These studies include, but are not limited to, the following activities:
• Design Study to establish framework and detailed work program.
• Data Collection and facility inventories
• Aeronautical forecasts and Demand/Capacity Analysis.
• Facility requirements determination.
• Airfield modeling for capacity and delay.
• Airport layout and terminal plan development
• Airport noise studies under 14 CFR parts 150 and 161.
• Compatible land-use planning in the vicinity of airports.
• Airport site selection studies.
• Airport development schedules and cost estimates.
• Airport financial planning and benefit cost analysis.
• Participate in public hearings relating to airport development projects.
• Airport business plans
• Specific airport landside or airside plans
• Air service studies
• Environmental planning to include categorical exclusions and/or Environmental
Assessments.
13.16.2 Architectural/Engineering Services
The Contractor/Consultant shall provide basic A/E services normally required for airport
development projects. These services are generally of an architectural, civil,
geotechnical, structural, mechanical, and electrical engineering nature. In addition,
there may be some services outside those normally considered basic. The basic services
are usually conducted in, but are not limited to, the four distinct and sequential phases
summarized below:
1. Preliminary Phase
Master Services Agreement
• Conferring with the City of Corpus Christi on project requirements, finances,
schedules, early phases of the project, and other pertinent matters and meeting
with FAA and other concerned agencies and parties on matters affecting the
projects.
• Planning, procuring, and/or prepare surveys, FAA Overall Development
Objectives Sheets, geotechnical, engineering investigations and engineering
studies for preliminary design
• Develop design schematics, sketches, environmental and aesthetic
considerations, project recommendations and preliminary layouts and cost
estimates.
2. Design Phase
• Conducting and attending meetings and design conferences to obtain
information and to coordinate or resolve design matters.
• Collecting engineering data and undertaking field investigation; performing
architectural, engineering and special environmental studies.
• Preparing engineering reports and recommendations.
• Preparing detailed plans, specifications, cost estimates, and
design/construction schedules.
• Preparing construction safety plans.
• Printing and providing necessary copies of engineering drawings and contract
specifications.
3. Bidding Phase
• Participate in the pre-bid conference to discuss scope of work and to answer
scope questions
• Review all questions concerning the bid documents and prepare any revisions
to the plans, specifications and bid forms that may be necessary.
• Assist the City of Corpus Christi in analyzing bid results and preparing conformed
drawings and conformed Contract Documents.
4. Construction Phase
• Provide consultation, represent the City of Corpus Christi at preconstruction
conferences, inspect work in progress, review and approve shop drawings,
review, analyze and approve lab results, prepare and negotiate change orders
and agreements, review performance tests required, determine amounts owed
to contractors, assist in preparing payment requests, make final inspections and
submit punch-list, confer on warranty issues and review operations and
maintenance manuals, etc.
13.16.3 Other
13.16.3.1 Airspace studies.
Master Services Agreement
13.16.3.2 Project Programming and scoping.
13.16.3.3 Cost estimating.
13.16.3.4 FAA grant and PFC application preparation.
13.16.3.5 Geotechnical Testing.
13.16.3.6 Construction Materials Testing.
13.16.3.7 Land Acquisition
13.16.3.8 Project documentation and permitting processes.
13.16.3.9 Environmental Assessments for Land Acquisition.
13.16.3.10 Public Parking Enhancements.
13.16.3.11 Any other work which may arise from a reprioritization of projects or
immediate airport needs.
In addition to working on specific projects, the successful Contractor/Consultant will be
expected to act as a staff member of the Department of Aviation to provide advice
and assistance on engineering, planning, and other aviation-related matters.
Partial List of CCIA Projects
The City of Corpus Christi may choose at its discretion to delete, add, or change any of
the projects listed below as needs dictate.
1. Terminal Improvements – This project includes multiple facets of the Terminal, including
improvements to Passenger Boarding Bridges, Roof, Windows, Baggage Systems,
Restrooms, Public Areas, Escalators, Elevators, Energy Management System, Cooling
Towers, Security Issues and Street Repairs.
2. Runway / Taxiway Rehabilitation, Holding Positions - Improvements will consist primarily
of milling and overlaying the pavement within the holding position where previous
thermoplastic markings were installed for each connector taxiway approaching the
runways. Cold tar application and pavement markings.
3. Aircraft Rescue Fire Fighting Station Apron Improvements - The project will consist of
extending the vehicle apron surrounding the Aircraft Rescue Fire Fighting (ARFF) station,
replace portions of damaged concrete panels. The existing apron has shown signs of
deterioration and base failures and needs replacement. The apron extension will allow
adequate clearance for the ARFF trucks to maneuver around the station and pull-
through the bays verse backing up into the bays.
4. Quick Turn-Around Facility Improvements - The Quick Turn Around Facility (QTA)
consolidates the airports' rental car maintenance and storage operations. The design will
consist of a total remodel of the current facility which will include replacement of the car
wash 5- Touch Brush System, Rinse Arch- Fresh Water System, Reverse Osmosis Rinse unit
and associated equipment. The improved Quick Turn Around Facility (QTA) will be a LEED
Certified Building consolidating the rental car maintenance and storage operations. The
Master Services Agreement
facility will allow the fueling, wash and vacuum, light maintenance, and storage of fleet
rental car vehicles that service the Airport.
5. Public Cell Phone Lot/ TNC Staging - A “cell-phone lot” is a parking lot where people
can wait for arriving passengers. The Transportation Network Company (TNC) Staging lot
is a staging area for these company vehicles to park while awaiting their customer’s
arrival. The purpose of these lots is to reduce traffic and wear and tear of airport roads
created by vehicles continuously circling on airport roadways and congestion at airport
terminal by providing another location for vehicles to wait until their passenger(s) notify
them, via their personal communication devices, of their arrival and location. They were
created as a solution to security measures to prevent cars from parking curbside when
picking up passengers. Many airports currently offer this option for alleviating traffic
congestion and improving security and safety.
6. CCIA Airfield Pavement Assessment (last updated in 2016) - This project is for Airport
Pavement Management Program/Assessment (PMP) which includes collecting,
analyzing, maintaining and reporting pavement data at Corpus Christi International as
described in FAA Order 5100.38, Airport Improvement Program Handbook for Federally
Funded Airports. The PMP assists airports in finding optimum strategies for maintaining
pavements in safe serviceable condition over a given period for the least cost. The scope
of the assessment will be divided into two parts: Part A – Inspection, testing, and
evaluation of airside pavements for development of Pavement Condition Index (PCI)
and Pavement Classification Number (PCN) values. Part A will include a 5-year
pavement maintenance plan. Part B – Development of a maintenance training manual.
Part B will include staff training on performing routine maintenance and updating PAVER
Database.
7. Airport Master Plan /ALP Update - Airport Master Plan is a comprehensive study of
Corpus Christi International Airport and describes short-, medium-, and long-term
development plans to meet future aviation demand. CCIA's Master Plan was last
updated in 2007. Federal Aviation Administration encourages updating Master Plans
approximately every 5 years to reflect changing conditions. Master Plan will include
Airport Layout Plan (ALP) Update and Part150 Noise Compatibility Study.
8. International Drive - This project is multi-year and may include the following:
landscaping, plant trees, etc., long-term cell phone lot installation, monument sign,
Business Park signage and frontage, wayfinding, art, dog park and rental car return road.
Exhibit B
Page 1 of 2
Consultant Proposal / Rate Sheet
Each Task Order will be negotiated over the 5 year period according to FAA requirements.
As applicable, Consultant will provide rate sheets with each T&M Tasks Order or sub -tasks within Task Orders.
For 2021, Garver’s current rates are shown below. These will be negotiated annually with each task order and
are subject to change.
Garver 2021 Rates
Engineers / Architects
E-1……………………………………………………………………….. $141.00
E-2……………………………………………………………………….. $167.00
E-3……………………………………………………………………….. $196.00
E-4……………………………………………………………………….. $231.00
E-5……………………………………………………………………….. $284.00
E-6……………………………………………………………………….. $351.00
E-7……………………………………………………………………….. $409.00
Planners / Environmental Specialist
P-1……………………………………………………………………….. $171.00
P-2……………………………………………………………………….. $202.00
P-3……………………………………………………………………….. $248.00
Designers
D-1……………………………………………………………………….. $127.00
D-2……………………………………………………………………….. $144.00
D-3……………………………………………………………………….. $171.00
D-4……………………………………………………………………….. $200.00
Technicians
T-1……………………………………………………………………….. $109.00
T-2……………………………………………………………………….. $148.00
T-3……………………………………………………………………….. $160.00
Surveyors
S-1……………………………………………………………………….. $68.00
S-2……………………………………………………………………….. $81.00
S-3……………………………………………………………………….. $112.00
S-4……………………………………………………………………….. $153.00
S-5……………………………………………………………………….. $202.00
S-6……………………………………………………………………….. $236.00
2-Man Crew (Survey)…………………………………………… $257.00
3-Man Crew (Survey)…………………………………………… $311.00
2-Man Crew (GPS Survey)……………………………………. ……… $304.00
3-Man Crew (GPS Survey)……………………………………. ……… $357.00
Construction Observation
C-1……………………………………………………………………….. $120.00
C-2……………………………………………………………………….. $151.00
C-3……………………………………………………………………….. $182.00
Exhibit B
Page 2 of 2
C-4……………………………………………………………………….. $236.00
Administration
X-1……………………………………………………………………….. $82.00
X-2……………………………………………………………………….. $104.00
X-3……………………………………………………………………….. $167.00
X-4……………………………………………………………………….. $197.00
X-5……………………………………………………………………….. $207.00
X-6……………………………………………………………………….. $246.00
COMPLETE PROJECT NAME
Project No. XXXX
Invoice No. 12345
Invoice Date 01/01/2017
Sample form for:
Payment Request
AE Contract
Revised 02/01/17
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees:
Basic Services Fees
Additional Services Fees
Total of Fees
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 C Page 1 of 1 $1,000.00 $0.00 $0.00 $1,000.00
$2,000.00 $1,000.00 $0.00 $3,000.00
$500.00 $0.00 $250.00 $750.00
$2,500.00 $0.00 $1,000.00 $3,500.00
$6,000.00 $1,000.00 $1,250.00 $8,250.00
$2,000.00 $0.00 $0.00 $2,000.00
$0.00 $1,120.00 $0.00 $1,120.00
$0.00 $0.00 $1,627.00 $1,627.00
TBD TBD TBD TBD
TBD TBD TBD TBD
TBD TBD TBD TBD
$2,000.00 $1,120.00 $1,627.00 $4,747.00
$6,000.00 $1,000.00 $1,250.00 $8,250.00
$2,000.00 $1,120.00 $1,627.00 $4,747.00
$8,000.00 $2,120.00 $2,877.00 $12,997.00
$0.00 $1,000.00 $1,000.00
$1,000.00 $500.00 $1,500.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$1,000.00 $1,500.00 $2,500.00
$500.00 $0.00 $500.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
TBD TBD TBD
TBD TBD TBD
TBD TBD TBD
$500.00 $0.00 $500.00
$1,000.00 $1,500.00 $2,500.00
$500.00 $0.00 $500.00
$1,500.00 $1,500.00 $3,000.00
$0.00 100.0%
$1,500.00 50.0%
$750.00 0.0%
$3,500.00 0.0%
$5,750.00 30.3%
$1,500.00 25.0%
$1,120.00 0.0%
$1,627.00 0.0%
TBD TBD
TBD TBD
TBD TBD
$4,247.00 10.5%
$5,750.00 30.3%
$4,247.00 10.5%
$9,997.00 23.1%
1 Exhibit D
Page 1 of 3
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 insurance
commensurate to the applicable scope of work 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) 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. 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
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. 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
Worker’s Compensation, and the professional liability/Errors & Omissions
policies;
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.
Notwithstanding, notice may be provided by Consultant where carriers
refuse to provide to City.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance 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 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.
CITY OF CORPUS CHRISTIDISCLOSURE OF INTEREST
RFQ No. 3279
Professional Engineering Services for Corpus Christi
International Airport
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See next page for Filing Requirements, Certification and Definitions.
COMPANY NAME:
P. O. BOX:STREET ADDRESS:
CITY:STATE:ZIP:-
FIRM IS:1.Corporation 2.Partnership 3.Sole Owner4.Association 5.Other ____________________________________
DISCLOSURE QUESTIONSIf 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 Christiwhoworked 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
Garver, LLC
3755 S Capital of Texas Highway, Ste. 325
Texas
Limited liability company
Austin
N/A
N/A
78704 8810
x
N/A
N/A
N/A
Exhibit E
Page 1 of 2
FILING REQUIREMENTSIf a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Title:
Signature of
Certifying Person: Date:
DEFINITIONS
a.“Board member.”A member of any board, commission, or committee of the city,
including the board of any corporation created by the city.
b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have
an effect on that interest that is distinguishable from its effect on members of the public in
general or a substantial segment thereof.
c.“Employee.”Any person employed by the city, whether under civil service or not, including
part-time employees and employees of any corporation created by the city.
d.“Firm.”Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed person,
partnership, corporation, joint stock company, joint venture, receivership or trust, and entities
which for purposes of taxation are treated as non-profit organizations.
e.“Official.”The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi, Texas.
f.“Ownership Interest.”Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.
g.“Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
Michael Griffin, PE Senior Vice President
12/23/2020
Exhibit E
Page 2 of 2
Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
EXHIBIT F
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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Terms with initial capital letters, including the term’s singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined, terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2. Agreement - The document executed between Owner and Contractor covering the
Work.
3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4. Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5. Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8. Bidder - An individual or entity that submits a Bid to Owner.
9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments, and required certifications.
10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier’s check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form, refers to individual instrument.
12. Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13. Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a. Requesting an adjustment in Contract Price or Contract Times;
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b. Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c. Challenging a set-off against payment due; or
d. Seeking a Modification with respect to the terms of the Contract.
14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated, or addressed pursuant to:
a. The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. (“CERCLA”);
b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.;
c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”);
d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e. The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or
g. Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous, toxic, or dangerous waste, substance,
or material.
17. Contract - The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18. Contract Amendment - A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a. Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b. Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19. Contract Documents - Those items designated as Contract Documents in the
Agreement.
20. Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications, and increases or decreases in unit price quantities, if any, that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21. Contract Times - The number of days or the dates by which Contractor must:
a. Achieve specified Milestones;
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b. Achieve Substantial Completion; and
c. Complete the Work.
22. Contractor - The individual or entity with which Owner has contracted for performance
of the Work.
23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24. Cost of the Work - The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a. Does not conform to the Contract Documents;
b. Does not meet the requirements of applicable inspections, reference standards,
tests, or approvals referred to in the Contract Documents; or
c. Has been damaged or stolen prior to OAR’s recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26. Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27. Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28. Effective Date of the Contract - The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29. Field Order - A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30. Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract.
31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs
resulting from claims or demands against Owner’s Indemnitees. These costs include
fees for engineers, architects, attorneys, and other professionals.
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32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations,
ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts
having jurisdiction over the Project.
33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34. Milestone - A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35. Modification - Change made to the Contract Documents by one of the following
methods:
a. Contract Amendment;
b. Change Order;
c. Field Order; or
d. Work Change Directive.
36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected
Bidder.
37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City’s officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor’s plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44. Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45. Resident Project Representative or RPR - The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46. Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47. Schedule of Documents - A schedule of required documents, prepared, and maintained
by Contractor.
48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor’s Applications for Payment.
49. Selected Bidder - The Bidder to which Owner intends to award the Contract.
50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings, whether approved or not, are not
Drawings and are not Contract Documents.
51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52. Specifications - The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53. Subcontractor - An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54. Substantial Completion - The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55. Supplementary Conditions - The part of the Contract that amends or supplements the
General Conditions.
56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57. Technical Data - Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a. Subsurface conditions at the Site;
b. Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities; or
c. Hazardous Environmental Conditions at the Site.
58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59. Unit Price Work - Work to be paid for on the basis of unit prices.
60. Work - The construction of the Project or its component parts as required by the
Contract Documents.
61. Work Change Directive - A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02 Terminology
A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to “at no additional cost to Owner,”
“at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight
to the next midnight.
D. The meaning and intent of certain terms or adjectives are described as follows:
1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,”
“satisfactory,” or similar adjectives are used to describe a determination of OPT
regarding the Work.
3. Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4. The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following
meanings when used in connection with services, materials, or equipment:
1. Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2. Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3.Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4.Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r
“provide.”
F.Contract Documents are written in modified brief style:
1.Requirements apply to all Work of the same kind, class, and type even though the word
“all” is not stated.
2.Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or
similar words include the meaning of the phrase “The Contractor shall...” before these
words.
3.Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G.Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H.Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT’s project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I.Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2 – PRELIMINARY MATTERS
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
B.Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02 Reference Standards
Comply with applicable construction industry standards, whether referenced or not.
1.Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2. Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3. Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03 Reporting and Resolving Discrepancies
3.04 Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OAR will coordinate the response of
the OPT to Contractor.
C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer’s or OAR’s interpretation by submitting a Change Proposal.
ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
5.02 Use of Site and Other Areas
5.03 Subsurface and Physical Conditions
5.04 Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1. Promptly review the subsurface or physical condition;
2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect
the subsurface or physical condition;
3. Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in
connection with the subsurface or physical condition in question;
5. Determine the need for changes in the Drawings or Specifications; and
6. Advise OPT of Designer’s findings, conclusions, and recommendations.
C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer’s findings,
conclusions, and recommendations.
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5.05 Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1. Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in
connection with this Underground Facility;
3. Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer’s findings, conclusions, and
recommendations.
ARTICLE 6 – BONDS AND INSURANCE
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
ARTICLE 8 – OTHER WORK AT THE SITE
ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES
9.01 Communications to Contractor
A. OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02 Replacement of Owner’s Project Team Members
A. Owner may replace members of the OPT at its discretion.
9.03 Furnish Data
A. OPT is to furnish the data required of OPT under the Contract Documents.
9.04 Pay When Due
9.05 Lands and Easements; Reports and Tests
A. Owner’s duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06 Insurance
9.07 Modifications
9.08 Inspections, Tests, and Approvals
A.OPT’s responsibility with respect to certain inspections, tests, and approvals are described in
Paragraph 16.02.
9.09 Limitations on OPT’s Responsibilities
A.The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor’s means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A.OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11 Compliance with Safety Program
A.Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION
10.01 Owner’s Representative
A. OAR is Owner’s representative. The duties and responsibilities and the limitations of
authority of OAR as Owner’s representative are described in the Contract Documents.
10.02 Visits to Site
A.Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer’s visits and observations are
subject to the limitations on Designer’s authority and responsibility described in Paragraphs
9.09 and 10.07.
B.OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s
quality assurance program, and administer the Contract as Owner’s representative as
described in the Contract Documents. OAR’s visits and observations are subject to the
limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03 Resident Project Representatives
A.Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives’ authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04 Rejecting Defective Work
A.OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05 Shop Drawings, Modifications and Payments
A.Designer’s authority related to Shop Drawings and Samples are described in the Contract
Documents.
B.Designer’s authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C.OAR and Designer’s authority related to Modifications is described in Article 11.
D.OAR’s authority related to Applications for Payment is described in Articles 15 and 17.
10.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B.Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C.OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D.Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor
does not agree with the Designer’s decision.
10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities
A.OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor’s Team.
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ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
ARTICLE 12 – CHANGE MANAGEMENT
12.01 Requests for Change Proposal
A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1. Designer will prepare a description of proposed Modifications.
2. Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02 Change Proposals
A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1. Use the Change Proposal form provided.
2. Assign a number to the Change Proposal when issued.
3. Include with the Change Proposal:
a. A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT’s description of the proposed Modification.
b. The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c. A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1) List of materials and equipment to be installed;
2) Man hours for labor by classification;
3) Equipment used in construction;
4) Consumable supplies, fuels, and materials;
5) Royalties and patent fees;
6) Bonds and insurance;
7) Overhead and profit;
8) Field office costs;
9) Home office cost; and
10) Other items of cost.
d. Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
EXHIBIT F
Page 13 of 22
provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e. Submit Change Proposals that comply with Article 15 for Cost of Work.
f. Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B. Submit a Change Proposal to the Designer to request a Field Order.
C. A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D. Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1. Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2. Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a. Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor’s risk.
b. No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B. The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13 – CLAIMS
13.01 Claims
13.02 Claims Process
A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1. After the start of the event giving rise to the Claim; or
2. After a final decision on a Change Proposal has been made.
EXHIBIT F
Page 14 of 22
C. Claims by Contractor that are not received within the time period provided by section
13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D. Claims by Owner must be submitted by written notice to Contractor.
E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost
report. Provide additional documentation as requested by OAR.
2. Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F. Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12, shall
be referred initially to Designer for consideration and recommendation to Owner.
H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1. Request additional supporting data from the party who made the Claim;
2. Issue a recommendation;
3. Suggest a compromise; or
4. Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I. If the Designer does not take any action, the claim shall be deemed denied.
J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
EXHIBIT F
Page 15 of 22
ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION
ARTICLE 19 – PROJECT MANAGEMENT
ARTICLE 20 – PROJECT COORDINATION
20.01 Work Included
20.02 Document Submittal
20.03 Communication During Project
A. The OAR is to be the first point of contact for all parties on matters concerning this Project.
B. The Designer will coordinate correspondence concerning:
1. Documents, including Applications for Payment.
2. Clarification and interpretation of the Contract Documents.
3. Contract Modifications.
4. Observation of Work and testing.
5. Claims.
20.04 Requests for Information
A. Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1. Submit a separate RFI for each item on the form provided.
2. Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3. A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B. Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
Page 16 of 22
ARTICLE 21 – QUALITY MANAGEMENT
ARTICLE 22 – FINAL RESOLUTION OF DISPUTES
ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24 – DOCUMENT MANAGEMENT
ARTICLE 25 – SHOP DRAWINGS
25.01 Work Included
A. Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1. Record the products incorporated into the Project for the Owner;
2. Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3. Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02 Quality Assurance
25.03 Contractor’s Responsibilities
25.04 Shop Drawing Requirements
A. Provide adequate information in Shop Drawings and Samples so Designer can:
1. Assist the Owner in selecting colors, textures, or other aesthetic features.
2. Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3. Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general, conform to the performance criteria
specified in the Contract Documents.
4. Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
EXHIBIT F
Page 17 of 22
25.05 Special Certifications and Reports
25.06 Warranties and Guarantees
25.07 Shop Drawing Submittal Procedures
25.08 Sample and Mockup Submittal Procedures
25.09 Requests for Deviation
25.10 Designer Responsibilities
A. Shop Drawings will be received by the Designer. Designer will log the documents and review
per this Article for general conformance with the Contract Documents.
1. Designer’s review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Designer’s review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.
3. Designer’s review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B. Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1. Designer will respond to Contractor’s markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2. Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a. Approved: Shop Drawing is found to be acceptable as submitted.
b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
c. Not Approved: Shop Drawing or products described are not acceptable.
3. Shop Drawing will also be designated for one of the following actions:
a. Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b. Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
EXHIBIT F
Page 18 of 22
c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f. Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g. Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4. Drawings with a significant or substantial number of markings by the Contractor may be
marked “Approved as Noted” and “Resubmit with corrections made.” These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5. Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as “At Variance With” (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations, then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D. Requested deviations will be reviewed as possible Modification to the Contract Documents.
1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2. A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3. A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
EXHIBIT F
Page 19 of 22
Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the
Shop Drawing process is closed.
F.Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26 – RECORD DATA
26.01 Work Included
26.02 Quality Assurance
26.03 Contractor’s Responsibilities
26.04 Record Data Requirements
26.05 Special Certifications and Reports
26.06 Warranties and Guarantees
26.07 Record Data Submittal Procedures
26.08 Designer’s Responsibilities
A.Record Data will be received by the Designer, logged, and provided to Owner as the Project
record.
1.Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2.Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3.Contractor’s responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B.Designer may take the following action in processing Record Data:
1.File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of “Filed as
Received” and no further action is required on that Record Data.
2.Reject the Record Data for one of the following reasons:
a.The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
EXHIBIT F
Page 20 of 22
Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.”
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b.The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and
Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and
marked “Filed as Received.” When Record Data is filed, no further action is
required and the Record Data process will be closed.
c.The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked “Rejected” and “Cancel
-Not Required.” No further action is required and the Record Data process will be
closed.
C.Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as
Received.”
ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29 – EXECUTION AND CLOSEOUT
29.01 Substantial Completion
A.Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B.OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C.Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1.Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2.Correct the noted deficiencies in the Work.
3.Notify the Designer when the items of Work in the Designer’s notice have been
completed.
4.OPT will revisit the Site and repeat the process.
5.Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6.Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
EXHIBIT F
Page 21 of 22
29.02 Final Inspections
A.Notify the Designer when:
1.Work has been completed in compliance with the Contract Documents;
2.Equipment and systems have been tested per Contract Documents and are fully
operational;
3.Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4.Specified spare parts and special tools have been provided; and
5.Work is complete and ready for final inspection.
B.OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C.Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D.Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E.Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30 – MISCELLANEOUS
END OF SECTION
EXHIBIT F
Page 22 of 22
EXHIBIT G:
FEDERAL REQUIREMENTS
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
Section No. Title
FR-A1 Access to Records and Reports
FR-A2 Affirmative Action Requirement (Not Applicable to this Contract)
FR-A3 Breach of Contract
FR-A4 Buy American Preference (Not Applicable to this Contract)
FR-A5 Civil Rights - General
FR-A6 Civil Rights - Title VI Assurance
FR-A7 Clean Air and Water Pollution Control
FR-A8 Contract Workhours and Safety Standards Act Requirements (Not Applicable
to this Contract)
FR-A9 Copeland “Anti-Kickback” Act (Not Applicable to this Contract)
FR-A10 Davis-Bacon Requirements (Not Applicable to this Contract)
FR-A11 Debarment and Suspension
FR-A12 Disadvantaged Business Enterprise
FR-A13 Distracted Driving
FR-A14 Energy Conservation Requirements
FR-A15 Equal Employment Opportunity (Not Applicable to this Contract)
Section No. Title
FR-A16 Federal Fair Labor Standards Act (Federal Minimum Wage)
FR-A17 Lobbying and Influencing Federal Employees
FR-A18 Prohibition of Segregated Facilities (Not Applicable to this Contract)
FR-A19 Occupational Safety and Health Act of 1970
FR-A20 Procurement of Recovered Materials (Not Applicable to this Contract)
FR-A21 Right to Inventions (Not Applicable to this Contract)
FR-A22 Seismic Safety (Not Applicable to this Contract)
FR-A23 Termination of Contract
FR-A24 Trade Restriction Certification
FR-A25 Veteran’s Preference
END OF TABLE OF CONTENTS
FEDERAL REQUIREMENTS: FR-A1
ACCESS TO RECORDS AND REPORTS
The Contractor shall maintain an acceptable cost accounting system. The Contractor
agrees to provide the City, the Federal Aviation Administration, and the Comptroller
General of the United States, or any of their duly authorized representatives, access to
any books, documents, papers, and records of the Contractor which are directly pertinent
to the specific Contract for the purpose of making audit, examination, excerpts and
transcriptions. The Contractor agrees to maintain all books, records and reports required
under this Contract for a period of not less than three years after final payment is made
and all pending matters are closed.
Reference: 2 CFR § 200.333, 2 CFR § 200.336 & FAA Order 5100.38
FEDERAL REQUIREMENTS: FR-A2
AFFIRMATIVE ACTION REQUIREMENT
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A3
BREACH OF CONTRACT
Any violation or breach of terms of this Contract on the part of the Contractor or its
subcontractors may result in the suspension or termination of this Contract or such other
action that may be necessary to enforce the rights of the parties of this agreement.
City will provide Contractor written notice that describes the nature of the breach and
corrective actions the Contractor must undertake in order to avoid termination of the
Contract. City reserves the right to withhold payments to Contractor until such time the
Contractor corrects the breach or the City elects to terminate the Contract. The City’s
notice will identify a specific date by which the Contractor must correct the breach. City
may proceed with termination of the Contract if the Contractor fails to correct the breach
by deadline indicated in the City’s notice.
The duties and obligations imposed by the Contract documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II(A)
FEDERAL REQUIREMENTS: FR-A4
BUY AMERICAN PREFERENCE
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A5
CIVIL RIGHTS - GENERAL
The contractor agrees to comply with pertinent statutes, Executive Orders and such rules
as are promulgated to ensure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or disability be excluded from participating in any activity
conducted with or benefiting from Federal assistance.
This provision binds the contractor and subtier contractors from the bid solicitation period
through the completion of the contract. This provision is in addition to that required of Title
VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
FEDERAL REQUIREMENTS: FR-A6
CIVIL RIGHTS - TITLE VI ASSURANCE
Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants)
will comply with the Title VI List of Pertinent Nondiscrimination Acts And
Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during
the contract, will not discriminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate either directly
or indirectly in the discrimination prohibited by the Nondiscrimination Acts and
Authorities, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR, part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor
or supplier will be notified by the contractor of the contractor's obligations under
this contract and the Nondiscrimination Acts And Authorities on the grounds of
race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto and
will permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the City or the Federal Aviation
Administration to be pertinent to ascertain compliance with such Nondiscrimination
Acts And Authorities and instructions. Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the contractor will so certify to the City or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance
with the Nondiscrimination provisions of this contract, the City will impose such
contract sanctions as it or the Federal Aviation Administration may determine to
be appropriate, including, but not limited to:
a. Withholding of payments to the contractor under the contract until the contactor
complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of
paragraphs one through six in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The contractor will take action with respect
to any subcontract or procurement as the City or the Federal Aviation
Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with, litigation with a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the “contractor”) agrees to comply with
the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights Act of
1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 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);
• 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 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, subrecipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination 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 non-
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq).
Reference: 49 USC § 47123 and FAA Order 1400.11
FEDERAL REQUIREMENTS: FR-A7
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued
pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any
violation to the City immediately upon discovery. The City assumes responsibility for
notifying the Environmental Protection Agency (EPA) and the Federal Aviation
Administration.
Contractor must include this requirement in all subcontracts that exceed $150,000.
Reference: 2 CFR § 200, Appendix II(G)
FEDERAL REQUIREMENTS: FR-A8
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A9
COPELAND “ANTI-KICKBACK” ACT
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A10
DAVIS - BACON REQUIREMENTS
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A11
CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the Contractor certifies that neither it
nor its principals is presently debarred or suspended by any Federal department or
agency from participation in this transaction.
The successful bidder, by administering each lower tier subcontract that exceeds $25,000
as a “covered transaction,” must verify each lower tier participant of a “covered
transaction” under the project is not presently debarred or otherwise disqualified from
participation in this federally assisted project. The successful bidder will accomplish this
by:
1. Checking the System for Award Management at website: http://www.sam.gov
2. Collecting a certification statement similar to the Certificate Regarding Debarment
and Suspension (Bidder or Offeror), above.
3. Inserting a clause or condition in the covered transaction with the lower tier
contract.
If the FAA later determines that a lower tier participant failed to disclose to a higher tier
participant that it was excluded or disqualified at the time it entered the covered
transaction, the FAA may pursue any available remedies, including suspension and
debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5
FEDERAL REQUIREMENTS: FR-A12
DISADVANTAGED BUSINESS ENTERPRISE
Contract Assurance (§26.13) - The Contractor or subcontractor 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 Contract, which may result in the termination of
this Contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than 10 days
from the receipt of each payment the prime contractor receives from the City. The prime
contractor agrees further to return retainage payments to each subcontractor within 30
days after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the City. This clause applies to both DBE and non-
DBE subcontractors.
Reference: 49 CFR part 26
FEDERAL REQUIREMENTS: FR-A13
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While
Driving” (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and
enforce safety policies that decrease crashes by distracted drivers, including policies to
ban text messaging while driving when performing work related to a grant or sub-grant.
In support of this initiative, the City encourages the Contractor to promote policies and
initiatives for its employees and other work personnel that decrease crashes by distracted
drivers, including policies that ban text messaging while driving motor vehicles while
performing work activities associated with the project. The Contractor must include the
substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a
motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513 and DOT Order 3902.10
FEDERAL REQUIREMENTS: FR-A14
ENERGY CONSERVATION REQUIREMENTS
The Contractor and subcontractor agree to comply with mandatory standards and policies
relating to energy efficiency as contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq).
Reference: 2 CFR § 200, Appendix II(H)
FEDERAL REQUIREMENTS: FR-A15
EQUAL EMPLOYMENT OPPORTUNITY (E.E.O,)
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A16
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
All contracts and subcontracts that result from this solicitation incorporate by reference
the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the
same force and effect as if given in full text. The FLSA sets minimum wage, overtime
pay, recordkeeping, and child labor standards for full and part time workers.
The Contractor has full responsibility to monitor compliance to the referenced statute or
regulation. The Contractor must address any claims or disputes that arise from this
requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 U.S.C. § 201, et seq.
FEDERAL REQUIREMENTS: FR-A17
CERTIFICATION REGARDING LOBBYING
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Bidder or Offeror, to any person for influencing or attempting to influence an
officer or employee of an 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.
(2) 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 this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included
in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
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.
Reference: 31 U.S.C. § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200,
Appendix II(J) and 49 CFR part 20, Appendix A
FEDERAL REQUIREMENTS: FR-A18
PROHIBITION OF SEGREGATED FACILITIES
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A19
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
All contracts and subcontracts that result from this solicitation incorporate by reference
the requirements of 29 CFR Part 1910 with the same force and effect as if given in full
text. Contractor must provide a work environment that is free from recognized hazards
that may cause death or serious physical harm to the employee. The Contractor retains
full responsibility to monitor its compliance and their subcontractor’s compliance with the
applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part
1910). Contractor must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor – Occupational Safety and Health
Administration.
Reference: 20 CFR part 1910
FEDERAL REQUIREMENTS: FR-A20
PROCUREMENT OF RECOVERED MATERIALS
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A21
RIGHT TO INVENTIONS
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A22
SEISMIC SAFETY
NOT APPLICABLE FOR THIS CONTRACT
FEDERAL REQUIREMENTS: FR-A23
TERMINATION OF CONTRACT
Termination for Convenience (Construction & Equipment Contracts)
The City may terminate this Contract in whole or in part at any time by providing written
notice to the Contractor. Such action may be without cause and without prejudice to any
other right or remedy of City. Upon receipt of a written notice of termination, except as
explicitly directed by the City, the Contractor shall immediately proceed with the following
obligations regardless of any delay in determining or adjusting amounts due under this
clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under
the notice.
3. Discontinue orders for materials and services except as directed by the written
notice.
4. Deliver to the City all fabricated and partially fabricated parts, completed and
partially completed work, supplies, equipment and materials acquired prior to
termination of the work and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the City to protect and preserve property and work
related to this Contract that City will take possession.
City agrees to pay Contractor for:
a) completed and acceptable work executed in accordance with the contract
documents prior to the effective date of termination;
b) documented expenses sustained prior to the effective date of termination in
performing work and furnishing labor, materials, or equipment as required by the
contract documents in connection with uncompleted work;
c) reasonable and substantiated claims, costs and damages incurred in settlement of
terminated contracts with Subcontractors and Suppliers; and
d) reasonable and substantiated expenses to the Contractor directly attributable to
City’s termination action.
City will not pay Contractor for loss of anticipated profits or revenue or other economic
loss arising out of or resulting from the City’s termination action.
The rights and remedies this clause provides are in addition to any other rights and
remedies provided by law or under this Contract.
Termination for Default (Equipment)
The City may, by written notice of default to the Contractor, terminate all or part of this
Contract if the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the
Notice- to Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in
accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract,
including any City approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that
include false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the City will give notice in writing to the
Contractor and Surety of its intent to terminate the Contract for cause. At the City’s
discretion, the notice may allow the Contractor and Surety an opportunity to cure the
breach or default.
If within 10 days of the receipt of notice, the Contractor or Surety fails to remedy the
breach or default to the satisfaction of the City, the City has authority to acquire equipment
by other procurement action. The Contractor will be liable to the City for any excess costs
the City incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the City shall be at the
Contract price. The City may withhold from amounts otherwise due the Contractor for
such completed equipment such sum as the City determines to be necessary to protect
the City against loss because of Contractor default.
City will not terminate the Contractor's right to proceed with the Work under this clause if
the delay in completing the work arises from unforeseeable causes beyond the control
and without the fault or negligence of the Contractor. Examples of such acceptable
causes include: acts of God, acts of the City, acts of another Contractor in the
performance of a contract with the City, and severe weather events that substantially
exceed normal conditions for the location.
If, after termination of the Contractor's right to proceed, the City determines that the
Contractor was not in default, or that the delay was excusable, the rights and obligations
of the parties will be the same as if the City issued the termination for the convenience
the City.
The rights and remedies of the City in this clause are in addition to any other rights and
remedies provided by law or under this Contract.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section
80-09
FEDERAL REQUIREMENTS: FR-A24
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any
resultant contract, the Offeror –
a. is not owned or controlled by one or more citizens of a foreign country included in
the list of countries that discriminate against U.S. firms as published by the Office of
the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project with a
person that is a citizen or national of a foreign country included on the list of countries
that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the Federal on
the project that is produced in a foreign country included on the list of countries that
discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The Offeror/Contractor must provide immediate written notice to the City if the
Offeror/Contractor learns that its certification or that of a subcontractor was erroneous
when submitted or has become erroneous by reason of changed circumstances. The
Contractor must require subcontractors provide immediate written notice to the Contractor
if at any time it learns that its certification was erroneous by reason of changed
circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or
subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign country
included on the list of countries that discriminate against U.S. firms published by
the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or nationals
of a foreign country on such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country on
such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a Contractor is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in in all lower tier
subcontracts. The Contractor may rely on the certification of a prospective subcontractor
that it is not a firm from a foreign country included on the list of countries that discriminate
against U.S. firms as published by U.S.T.R, unless the Offeror has knowledge that the
certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when
making an award. If it is later determined that the Contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct
through the City cancellation of the Contract or subcontract for default at no cost to the
City or the FAA.
Reference: 49 USC § 50104 and 49 CFR part 30
FEDERAL REQUIREMENTS: FR-A25
VETERAN’S PREFERENCE
In the employment of labor (excluding executive, administrative, and supervisory
positions), the Contractor and all sub-tier contractors must give preference to covered
veterans as defined within Title 49 United States Code Section 47112. Covered veterans
include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans,
disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned
and controlled by disabled veterans. This preference only applies when there are covered
veterans readily available and qualified to perform the work to which the employment
relates.
Reference: 49 USC § 47112(c)
RFQ NO. 3279 - Professional Engineering Services for Corpus Christi International Airport
Proposal Evaluation Garver, LLC.Woolpert, Inc.RS&H, Inc.Parkhill KSA
Engineers Inc.
Mead & Hunt,
Inc.
Ardurra
Group, Inc.
(dba LNV,
LLC)
Page
Southerland
Page, Inc.
Geometrics
Engineering
P. S., Inc.
CP&Y, Inc.Bluefin, LLC.
MINIMUM QUALIFICATIONS (PASS/FAIL)Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass
Licensing/Certification ✓✓✓✓✓✓✓✓✓✓✓
Minimum 10 years experience ✓✓✓✓✓✓✓✓✓✓✓
No material lawsuits during last 5 years ✓✓✓✓✓✓✓✓✓✓✓
No material regulatory issues last 5 years ✓✓✓✓✓✓✓✓✓✓✓
References Provided for firm ✓✓✓✓✓✓✓✓✓✓✓
TECHNICAL PROPOSAL (50 PTS)47.66 46.98 45.52 42.32 40.598 40.598 39.9 39.9 37.4 35.7 19.8
Firms' Experience (15 pts)14.4 14.8 13.6 14.1 12.2 11.6 12.1 13.2 10.8 11 5.6
Team's Experience (15 pts)14.2 14.6 13.8 12.4 11.8 11.8 12.6 12.5 11.4 11.9 5.6
Understanding of Project Scope (20 pts)19.1 17.6 18.1 15.8 16.6 17.2 15.2 14.2 15.2 12.8 8.6
INTERVIEW (50 PTS)48.4 42.8 42.2 N/A N/A N/A N/A N/A N/A N/A N/A
Firms' Experience (15 pts)14.8 12.7 12.6
Team's Experience (15 pts)14.4 12.7 11.8
Understanding of Project Scope (20 pts)19.2 17.4 17.8
Total 96.1 89.8 87.7 42.3 40.6 40.6 39.9 39.9 37.4 35.7 19.8
DATE: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
rrocha@cctexas.com
361-826-3938
CAPTION:
Resolution authorizing the submission of six grant applications to the Public Safety Office –
Homeland Security Grants Division for the Homeland Security Grant Program to prevent terrorism
and other catastrophic events for various functions of public safety, such as bomb squad
detection, SWAT team improvement, firefighter protection, and hazmat response enhancements,
in an amount of $698,797.42.
SUMMARY:
This resolution authorizes the Corpus Christi Fire Department (CCFD) to submit six grant
applications for funding under the Homeland Security Grant Program in the amount of
$698,797.42 to the Public Safety Office, Homeland Security Grant Division. The grant funds will
support Fire and Police Department functions such as bomb squad detection, SWAT team
improvement, firefighter protection, and hazmat response enhancements.
BACKGROUND AND FINDINGS:
The Homeland Security Grant Program issues grants on an annual basis in order to improve state
and local efforts in responding to potential acts of terrorism and catastrophic events, purchasing
advanced equipment, and providing enhanced training. Since 2002, the U.S. Department of
Homeland Security has issued grants to the State of Texas, who in turn awards the grants to
municipalities through the Homeland Security Grant Program. The City of Corpus Christi
previously has received funds through this grant program. The City applied for and received funds
from this grant for the past 19 years. For FY 2021, the City received $332,809.19 from this grant.
CCFD is apply for six grants to fund the following six projects: 1) The Bomb Squad Portable
Detection project will fund a portable X-ray unit and disruption devices to provide enhanced
protection for the Corpus Christi Police Department (CCPD) bomb squad. 2) The Hazmat
Response Enhancement grant will provide equipment that will improve the team’s capabilities. 3)
The CCFD Safety Enhancement grant will provide personal protective equipment for firefighters
to respond to high-risk incidents. 4) The CCPD SWAT Enhancement grant will provide
search/detection equipment to increase the team’s safety and enhance capabilities. 5) Funding
Authorization to submit six grant applications to the Public Safety Office – Homeland Security
Grant Division by the Fire Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
for the CCPD Detection System will provide early detection and screening equipment for the bomb
squad. 6) The Bomb Squad Safety Enhancement will provide the CCPD bomb squad with remote
firing systems to enhance the safety of the members.
Listed below are the projects that CCFD is submitting grant applications for and the funding
amounts requested for each.
Project Title Amount Requested
Bomb Squad Portable Detection $70,940.40
Hazmat Response Enhancement $34,950.22
CCFD Safety Enhancement $272,238.00
CCPD SWAT Enhancement $191,664.00
CCPD Detection System $100,300.00
Bomb Squad Safety Enhancement $28,704.80
TOTAL REQUESTED $698,797.42
ALTERNATIVES:
The alternative is to not submit the six grant applications and use the limited emergency response
and security capabilities to fund the six projects.
FISCAL IMPACT:
There is no fiscal impact in FY 2021 with the submission of the grant applications. However, if
awarded, grant monies will be appropriated in FY 2022.
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
Staff recommends authorizing the Fire Department to submit the six grant applications.
LIST OF SUPPORTING DOCUMENTS:
Agenda Memo
Resolution
Grant Numbers 4067702, 4079502, 4303301, 4308801, 4309001, 4309901
Resolution authorizing the submission of six grant applications to the Public
Safety Office - Homeland Security Grants Division for the Homeland Security Grant
Program to prevent terrorism and other catastrophic events for various functions
of public safety, such as bomb squad detection, SWAT team improvement,
firefighter protection, and hazmat response enhancements, in an amount of
$698,797.42.
WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus
Christi that the Bomb Squad Portable Detection, Hazmat Response Enhancement, CCFD
Safety Enhancement, CCPD SWAT Enhancement, CCPD Detection System, and Bomb
Squad Safety Enhancement projects be operated for the year of 2022;
WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for
the said projects with the understanding that matching funds are not required by the
Homeland Security Grant Program grant application; and
WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the
Public Safety Office funds, the City of Corpus Christi assures that the funds will be
returned to Public Safety Office in full.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council authorizes submission of grant applications to the Public
Safety Office for the following projects:
1. Bomb Squad Portable Detection
2. Hazmat Response Enhancement
3. CCFD Safety Enhancement
4. CCPD SWAT Enhancement
5. CCPD Detection System
6. Bomb Squad Safety Enhancement
SECTION 2. The City of Corpus Christi designates the City Manager, or designee, as the
grantee’s authorized official. The authorized official is given the power to apply for, accept,
reject, alter or terminate the grant on behalf of the applicant agency.
Grant Numbers 4067702, 4079502, 4303301, 4308801, 4309001, 4309901
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: April 20, 2021
TO: Peter Zanoni, City Manager
FROM: Miles Risley, City Attorney
MilesR@cctexas.com
(361) 826-3873
Josh Chronley, Interim Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion to authorize a one-year service agreement for Broker of Record Services for Insurance for
$100,000.00 per year, with Acrisure LLC dba Carlisle Insurance of Corpus Christi, Texas, with a
right to renew for up to four additional years totaling up to $500,000.00, effective upon issuance
of a notice to proceed, with FY 2021 funding up to $33,500.00 available through the
Liability/Employee Benefits & Workers’ Compensation Fund.
SUMMARY:
The current Broker of Record Services contract for Property and Excess Liability and Workers’
Compensation Insurance is with Carlisle Insurance Agency. It expired on December 15 th, 2020
and was extended month-to-month until June 15th. The recent property renewal in May will
conclude the five-year contract which started in 2015. The broker of record acts as a professional
for the City and obtains underwriter bids from its available markets for property and liability
insurance and obtains comparison quotes for insurance purchased from TML under our interlocal
agreement.
The City’s property program is a multi-layered program of more than 19 underwriters (insurance
carriers). It covers Flood, Earth Movement, Wind, Named Storm, and Equipment Breakdown
(Boiler/Machinery). Some of them are licensed insurance companies and some are out-of-state
re-insurers. The City, through the Broker of Record agreement, also purchases multiple flood
insurance policies for properties located within Special Flood Hazard Areas in FEMA Flood Zones
Broker of Record Services for Insurance
Legal Department
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
A and V through the National Flood Insurance Program (NFIP). NFIP premiums are, by law, paid
directly to the broker of record.
The following are the City’s current property coverages. The current policy expires on May 4th.
Type Limit Deductible
All Risk $ 250,000,000 $50,000 per occurrence
Named Storm $ 150,000,000 2% of value. $100k min./$4m max
Flood (incl. storm surge) $ 50,000,000 $100,000 per occurrence
Wind / Hail $ 250,000,000 $ 50,000 per occurrence
The City also purchases Excess Liability and Excess Workers’ Compensation through its broker
of record agreement. The current policy will expire on October 1 st. The following is the current
Excess Liability and Workers’ Compensation insurance limits and deductibles:
Type
Retention /
Deductible
Per Occurrence
Limit
Annual Aggregate Limit
Workers’ Compensation $ 500,000 Statutory -
General Liability $ 500,000 $5,000,000 $ 7,000,000
Employee Benefits
Liability
$ 500,000 $5,000,000 $ 7,000,000
Law Enforcement Liability $1,000,000 $5,000,000 $ 7,000,000
Public Officials Liability $ 500,000 $2,000,000 $ 7,000,000
BACKGROUND AND FINDINGS:
The City’s Risk Management Division manages several insurance policies for the City which
include Property, Excess Liability and Excess Workers’ Compensation. There are several other
policies which are purchased through the Texas Municipal League Intergov ernmental Risk Pool
(TMLIRP) that include Auto Physical Damage (high valued vehicles over $90,000), Mobile
Equipment (heavy equipment), Auto Catastrophic, Crime and Employee Dishonesty, Airport
Liability, Airport Excess and Excess Gas Utility Department which automatically renew under the
Interlocal Agreement which the broker also assists in renewing by surveying other markets to
ensure the City is receiving the best pricing per coverage.
Prior to 2015, the City utilized requests for bids to obtain virtu ally all lines of insurance coverage
(with the exception of coverage lines provided by Texas Municipal League (TML)
Intergovernmental Risk Pool). In 2015, the City switched to procure property insurance coverage
through the Broker of Record on a flat fee basis rather than the traditional contingency percentage
basis. The City awarded a Broker of Record contract to Carlisle Insurance Agency effective
January 1, 2016 for Property Insurance for one year with four one -year options to renew. On
December 19, 2017, the City’s Broker of Record contract was amended to add broker of record
services for Excess Liability and Excess Workers’ Compensation brokerage services.
PROCUREMENT DETAIL:
Contracts and Procurement conducted a Request for Proposal process to obtain qualified firms
for Broker of Record Services for Insurance. The City received two submittals that continued
through the evaluation process. The proposals were screened by a five -member evaluation
committee composed of staff from the Legal, Finance and Human Resources for the minimum
requirements on a pass/fail basis; and both firms passed to the next level of the evaluation
process. The technical proposals were scored based on th e published evaluation criteria for
maximum of 40 points. The two proposers were interviewed for a maximum of 40 points. The
Proposer offering the lowest price received 20 points, the other proposers received a proportional
share of the points based on the proration for their price to the lowest price provided. Based on
the outcome of the evaluation, it is recommended that the contract be awarded to the highest
scoring proposer, Acrisure LLC, dba Carlisle Insurance.
ALTERNATIVES:
In lieu of awarding this contract, the alternative is to return to procure each type of insurance
through the RFP process. The use of the Broker of Record arrangement has advantages because
the Tier I property insurance program is multi-layered and requires extensive knowledge and
access to the underwriters, allowing repricing of policies based on modified limits and deductibles
when the market spikes out of the City’s normal budgeted range.
The City could, with substantial staff research and use of consu ltants, return to its old process of
bidding out insurance. Returning to the markets after a 5 -year hiatus could lead to surprises in
bids. The City’s coastal location requires multiple underwriters, complicating bid analysis. The
lack of direct access to underwriter markets could lead to uncontrollable spikes in proposed
premiums.
FISCAL IMPACT:
Risk Management included this expenditure in its Liability/Employee Benefits & Workers’
Compensation Funds 5611. The Risk Management fund i s an internal operating fund based on
cost allocation to each department. Approval of this item is an annual reoccurring expenditure .
FUNDING DETAIL:
Fund: 5611 Liability/Employee Benefits & Workers’ Compensation
Organization/Activity: 40520 Insurance Premiums
Mission Element: 005 Process Claims Against City
Project # (CIP Only):
Account: 530000 Professional Services
RECOMMENDATION:
Staff recommends approval of this action item as presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Evaluation Matrix
RFP 3468 Broker of Record Services for Insurance
Maria Pedraza
Proposal Evaluation Acrisure LLC, dba
Carlisle
Insurance
McGriff, Seibels &
Williams of Texas Inc.
MINIMUM QUALIFICATIONS (PASS/FAIL)Pass Pass
Licensing
Employee assigned to City is Certified
Minimum Property Insurance Premium Volume
10 Years in business
No material lawsuits during last 5 years
No material regulatory issues last 5 years
References provided for firm
TECHNICAL PROPOSAL (40 PTS)39.0 27.0
Ability to provide On-site Service (10 pts)10.0 2.0
Firm's Experience (10 pts)10.0 9.0
Team Identification (10 pts)10.0 6.0
Ability to Perform Project (10 pts)9.0 10.0
INTERVIEW (40 PTS)40.0 27.0
Ability to provide On-site Service (10 pts)10.0 2.6
Firms' Experience (10 pts)10.0 8.8
Team's Identification (10 pts)10.0 6.1
Ability to Perform Project (10 pts)10.0 9.5
PRICE (20 PTS)8.0 20.0
Total 87.0 74.0
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
Broker of Record Services
CONTRACT NO. 3468
Acrisure LLC, dba Carlisle Insurance
Service Agreement
Exhibits A-J and Exhibit K
are available upon request by contacting
Contracts and Procurement, Maria Pedraza at
361.826.3176 or mariape@cctexas.com
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SERVICE AGREEMENT NO. 3468
Broker of Record
THIS Broker of Record Service Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”)
and Acrisure LLC, dba Carlisle Insurance (“Broker"), effective upon execution
by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Broker has bid to serve as the City’s Broker of Record in response
to Request for Bid/Proposal No. 3468 (“RFB/RFP”), which RFB/RFP includes the required
scope of work and all specifications and which RFB/RFP and the Broker’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 Broker agree as follows:
1.Scope. Broker will provide Broker of Record 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.Term. This Agreement is for one year, with performance commencing upon the date of
issuance of a notice to proceed from the Contract Administrator or the Contracts and
Procurement Department. The parties may mutually extend the term of this Agreement for
up to four additional one-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.
At the end of the initial term or any renewal term after which the option is not exercised, this
Agreement will automatically renew on a month-to-month basis for a period of up to one
year unless terminated in accordance with Section 16 below. The pricing for the month-to-
month renewals will be the same as the pricing for the final year of the Agreement with
payment made monthly in accordance with Section 3 below.
3.Compensation and Payment. This Agreement is for an amount not to exceed $100,000.00,
subject to approved extensions and changes. Payment will be made within 30 days of
receipt of an acceptable invoice. Broker 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. The Broker may not receive any other
remuneration for the Services from any other source.
Invoices will be mailed to the following address with a copy provided to the Contract
Administrator:
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City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4.Contract Administrator. The Contract Administrator designated by the City is responsible for
approval of all phases of performance and operations under this Agreement, including
deductions for non-performance and authorizations for payment. The City’s Contract
Administrator for this Agreement is as follows:
Gilbert M. Sanchez
Legal Department
(361) 826-373
Email: GilbertS2@cctexas.com
5.Insurance.
(A) Before performance can begin under this Agreement, the Broker must deliver a
certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s
Risk Manager and the Contract Administrator. Additionally, the COI must state that the City
will be given at least 30 days’ advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City must be named as an
additional insured. The City Attorney must be given copies of all insurance policies within 10
days of the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this Agreement as if
fully set out here in its entirety.
6.Warranty. Broker warrants that all Services will be performed in accordance with the
standard of care used by similarly situated brokers performing similar services.
7.Special Duty of Broker. Broker has a duty to provide professional advice and counseling
services to the City and to inform the City of policy terms and counsel the City on necessary
coverages.
8.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.
9.Independent Contractor. Broker 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 Broker be
considered an employee of the City.
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10.Subcontractors. Broker may use subcontractors in connection with the work performed
under this Agreement. When using subcontractors, however, the Broker 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 Broker is responsible for all their acts and omissions to the same extent
as if the subcontractor and its employees were employees of the Broker. 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 Broker 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.
11.Amendments. This Agreement may be amended or modified only in writing executed by
authorized representatives of both parties.
12.Waiver. No waiver by either party of any breach of any term or condition of this Agreement
waives any subsequent breach of the same.
13.Taxes. The Broker 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.
14.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: Gilbert M. Sanchez
Risk Manager
1201 Leopard St., Corpus Christi, TX 78401
Phone: (361) 826-3739
Fax: N/A
IF TO BROKER:
Acrisure LLC, dba Carlisle Insurance
Attn: Chase Carlisle, CIC, CMIP,CPCU
Vice President
500 N. Water St., Suite 900, Corpus Christi, TX 78401
Phone: (361) 884-2775
Fax: N/A
15.BROKER 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
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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 BROKER
OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR
FAULT OF THE BROKER OR ITS EMPLOYEES OR AGENTS. BROKER 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 BROKER UNDER THIS SECTION SHALL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
16.Termination.
(A) The City Manager may terminate this Agreement for Broker’s failure to comply with any
of the terms of this Agreement. The Contract Administrator must give the Broker written
notice of the breach and set out a reasonable opportunity to cure. If the Broker 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 Broker. The City Manager may also
terminate this Agreement upon 24 hours written notice to the Broker for failure to pay
or provide proof of payment of taxes as set out in this Agreement.
17.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.
18.Assignment. No assignment of this Agreement by the Broker, 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 Broker 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.
19.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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20.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 Broker’s bid response (Exhibit 2).
21.Certificate of Interested Parties. Broker 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.
22.Governing Law. Broker 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.
23.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 Broker agrees that the contract can be terminated if the
Broker knowingly or intentionally fails to comply with a requirement of that subchapter.
24.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.
6
BROKER
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
________________________________________________
Josh Chronley
Interim Assistant 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
Attachment C: Insurance
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 3468
Exhibit 2: Broker’s Bid/Proposal Response
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ATTACHMENT A: SCOPE OF WORK
1. Background:
A.Property
1.The City of Corpus Christi (City) is the county seat for Nueces County. Nueces
County is considered a Tier One location on the Gulf Coast. The Broker of
Record referred to herein as Contractor will be required to place the City’s
Property Insurance Program which currently carries Property Insurance
coverage including: All Other Perils, Flood, Earth Movement, Wind, Named
Storm and Equipment Breakdown coverages.
2.The City’s Property Insurance Program is a layered program with admitted
and non-admitted commercial carriers participating. In addition to
traditional insured property (buildings and contents), the City’s schedule of
insured property includes; wharves, docks, piers and fine arts.
3.The City also purchases flood insurance for property located wholly or
partially within the Special Flood Hazard Areas (SFHA) as defined by the
Federal Emergency Management Agency (FEMA) in Flood Zone A and Flood
Zone V through the National Flood Insurance Program.
4.The City has experienced four large property damage losses in the last four
years. The Texas State Aquarium is also a named insured on the City’s
Property Insurance Program. Total Insured Values are estimated at
$706,933,206.
B.Excess Liability and Worker’s Compensation
1.The City currently carries Excess General Liability, Automobile Liability, Public
Officials’ Liability & Employment Practices Liability, and Law Enforcement
Liability layered above the liability limits established by the Texas Tort Claims
Act.
2.The City was qualified as self-insured for liabilities other than Workers’
Compensation on October 1, 1983. The City of Corpus Christi has
approximately 3,265 employees and carries Excess Workers' Compensation
and Employer’s Liability coverage. The Contractor will provide Excess Liability
and Workers’ Compensation insurance.
2. Contractor duties:
A. General broker of record duties:
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1.Contractor shall market the City of Corpus Christi to qualified insurance companies
to include, but not limited to all known insurance markets and contacts and
coordinate with underwriters. Carriers must have an A.M. Best rating of A- or higher
as defined in the current edition of A.M. Best financial size category rating of VII, which
must be maintained through the term of the contract.
2.Contractor shall negotiate renewals to obtain to most favorable rates and
premiums, but NOT without consultation, participation, and concurrence of
the City of Corpus Christi.
3.Contractor shall participate in audits, as requested by the City, to provide
statistical and operational information to include, but not limited to, all aspects
of a comprehensive, objective review of the received and processed claims
to determine whether the claims are adjudicated according to contractual
performance and industry standards.
4.Contractor shall provide unbiased information regarding the most
advantageous insurance markets and insurance coverage options for
selection by the City.
5.Contractor shall provide an appropriate timeline prior to renewal of the
property insurance program to assist in the preparation of detailed
underwriting submission data, statements of values, specifications, loss history
summaries, and other information required by underwriters. Marketing shall
include, but not be limited to; development of insurance specifications and
underwriting criteria, development of Requests for Proposals in accordance
with Chapter 252 of the Texas Local Government Code, canvassing insurance
markets, reviewing suitable manuscript policies, and conducting negotiations
on behalf of the City to secure the broadest coverage at the lowest available
cost.
6.Contractor shall assist the City in the analysis and design of optimal insurance
coverage and keep the City informed of significant property insurance market
trends/conditions that may affect its insurance programs both positively and
negatively. Contractor shall do so by conference calls and through property
insurance industry, publications and reports, including but not limited to; (1)
Insurance Market Reports, (2) Risk Alerts, (3) State of the Property Insurance
Marketplace, (4) Market Watch Terrorism Insurance, and (5) Current Property
Insurance publications.
Page 3 of 12
7.Contractor shall assist the City in the analysis of insurance policy wording,
structure the City's property insurance program to eliminate gaps/overlaps in
coverage, and recommend limits and coverages in order to provide the City
with the greatest amount of protection. Contractor shall provide the City with
a copy of renewal specifications and other documents for review prior to their
release to potential property insurance markets.
8.Contractor shall submit to the City a property insurance program renewal
recommendation to include, but not be limited to, excess and surplus
insurance, for review no later than forty-five days prior to the policy renewal
date.
9.Upon City's award of coverage(s) and prior to delivery of policies, Contractor
shall verify the accuracy and adequacy of all binders, policies, and
endorsements to ensure that wording is complete and accurate, and that
coverage is in compliance with specifications. Contractor shall provide the
City a summary of any issue(s) found during the verification process and
indicate how each issue(s) was resolved.
10.Contractor shall act in an advisory and consulting role to the City for the
duration of the Broker contract to ensure that insurance carriers adhere to all
terms and conditions negotiated by the Contractor and City.
11.Contractor shall review various City contracts including, but not limited to,
Construction Contracts, A&E Contracts, Design Build Contracts, Professional
Service Contracts, Lease Agreements, Right-of-Way Permits, Franchise
Agreements, etc. Broker shall provide advice and recommendations
regarding establishing minimum insurance requirements, review and tracking
of Certificates of Liability Insurance and Fiduciary Bonds including Payment
and Performance Bonds etc., when requested.
12.Contractor shall provide assistance with forecasting and budgeting of the
annual property insurance premium by covered location.
13.Contractor shall assist the City with the entire claims process, from initial
submittal to resolution of the claim(s). Contractor will work with the City's
property insurance carriers, Federal Emergency Management Agency, and
any other Federal, State or Local agency, throughout the duration of the
claim.
14.Contractor shall act as the City's advocate in claim disputes and in obtaining
reimbursements and settlements from insurance carriers.
15.Contractor shall provide response time for routine requests of less than 24
hours, i.e., certificates of insurance, insurance coverage requirements, etc.
16.Contractor shall attend meetings at the City of Corpus Christi with Risk
Management staff and the City Council as reasonably necessary.
17.Contractor shall provide market analysis and comparison services for
other insurance-type products purchased by the City, including, Texas
Municipal League Intergovernmental Risk Pool (TMLIRP) Coverage. The City
of Corpus Christi is also part of TMLIRP and carries Gas Utilities Excess, Airport
Liability and Excess Auto Physical Damage for vehicles valued over
$90,000, Auto Catastrophic coverage, Mobile Equipment and Animal
Mortality. The Contractor will also provide an annual review of these
policies to ensure they are competitive with the insurance market. If it
is determined TMLIRP insurance products are not competitive, then the
Contractor can solicit quotes which are competitive for review and
acceptance if determined necessary.
B.Property Insurance:
1.Contractor shall perform broker of record services to obtain property
insurance for the City. Contractor shall review Property policy contractual
provisions, assess financial strength and stability of insurance carriers, develop
specifications for data loss reports, and respond to information requests from
the City, and review claims and actuarial reports.
2.Contractor shall read, review and analyze the Property policy and identify
areas of concern and recommend alternative solutions.
3.Contractor shall provide alternate limits and deductible structures when
requested by the City.
Current limits and Deductibles for these coverages are:
Limits:
All Risk -
Named Storm -
$250,000,000 (excluding Named Storm, Flood and
Earthquake)
$150,000,000 (including Flood, Storm Surge, Tidal
Wave, Tsunami)
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Page 5 of 12
Flood/Earthquake $50,000,000
Equipment Breakdown - $100,000,000 per breakdown
Deductibles:
Flood – $100,000 Except $500,000 each building and
$500,000 in each building for contents in those
locations wholly or partially within Flood Zones A
and V.
Named Storm - 2% of Total Insurable Values, per unit of insurance,
at the time of the loss at each location involved in
the loss or damages arising out of the Named
Storm, subject to a minimum deductible of
$100,000 and a maximum of $4,000,000 any one
occurrence.
All Other Perils & Wind - $50,000
Earth Movement - $50,000
/Earthquake
Named Insured: The City of Corpus Christi and Texas State Aquarium
Policy Term: One-Year
Effective Date: 5/4/2022
4.Contractor shall place National Flood Insurance Program (NFIP) polices for
specific City of Corpus Christi owned properties.
5.Contractor shall provide to the City immediately following renewal of
coverage, a spreadsheet/graph depicting both the AOP and Named Storm
carriers for each layer and the premium each carrier is charging.
6.Contractor shall assume oversight responsibilities for the next available May
4th property insurance renewal after the beginning of the Broker of Record
contract effective date.
7.Contractor shall provide and collect other governmental Tier 1 property
insurance program benchmark information upon request and assist the City
with evaluating data in making prudent property insurance decisions.
8.Contractor shall provide current industry catastrophic modeling services for
property insurance occurrences, particularly with respect to Named Storm.
C.Excess/Umbrella Insurance
Page 6 of 12
1.Contractor shall perform broker of record services to obtain Excess Liability
and Workers’ Compensation insurance. Contractor shall review Workers’
Compensation contractual provisions, assess financial strength and stability
of insurance carriers, develop specifications for data loss reports, and
respond to information requests from the City, and review claims and
actuarial reports.
2.Contractor shall read, review and analyze the workers’ compensation excess
liability policy and identify areas of concern and recommend alternative
solutions.
3.Contractor shall propose current coverage amounts. Contractor may
propose additional optional self-insured retention amounts (SIRs) and Limits
for Liability and Workers’ Compensation.
4.Current limits:
Excess Liability, $5,000,000 per occurrence / $7,000,000 aggregate
Excess Workers’ Compensation, Statutory, Employer’s Liability, $1,000,000
Current Self-Insured Retention:
Excess Liability, $500,000
Excess Workers’ Compensation, $650,000 for Police, Fire, Gas Utilities
Excess Workers’ Compensation, $500,000 for all other employees.
Effective/Renewal Date: 10/01/2021
5.Contractor shall propose excess liability and workers’ compensation limit and
deductible options at the instruction of the City of Corpus
Risk Management Division whenever determined appropriate.
6.Contractor shall advise Risk Management whenever new coverages
become available which address potential exposure and risk profile and
provide recommendation of obtaining such coverage.
7.Contractor shall provide timely information about the current state of the
property insurance marketplace, reviewing a variety of City contracts for
assisting in the establishment of minimum insurance requirements, providing
catastrophic modeling reports, on-site educational training sessions as
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requested and providing feedback and advise concerning a wide range of
risk management and insurance issues, etc.
D.Valuation Services as Related to Property Insurance. If requested, Contractor
shall provide property valuation update services during the first year of the
Agreement as appropriate to be able to effectively approach the property
insurance markets. Contractor may propose to subcontract these services to
another entity. The property valuation services should be provided with backup
information and be provided in a manner that may be used for future
solicitations of insurance, regardless of broker.
3. Additional Background Information:
A.City of Corpus Christi Risk Profile and Loss History
1.The City is committed to providing all statutory workers’ compensation
benefits provided for by state law. The City also desires to control these costs
to the greatest extent possible. The City’s current WC Third-Party
Administrator is Sedgwick. Workers’ Compensation Claims information is
attached as (Exhibit A). Texas Workforce Commission Sic Codes is attached
as (Exhibit J).
2.The City has provided self-insured workers’ compensation for its employees
since March 1, 1976. The current workforce is approximately 3,265
employees. During the last four years, the City has averaged approximately
727 workers’ compensation claims per year.
3.The Risk Manager conducts a monthly claims review with Workers’
Compensation Adjusters.
4.Safety Training, Loss Prevention and Loss Control services are provided “in-
house” by the City’s Risk Management Division. (See Exhibit B)
5.The City does not have any employees who may be subject to the
Longshoremen and Harbor Workers Act, Jones Act or Federal Employers’
Liability Act.
6.The City does not have any foreign operations but has a few employees who
occasionally travel to foreign countries.
7.City operations involve exposure to heights in several areas that include but
may not be limited to: firefighting and maintenance of City owned water
towers.
Page 8 of 12
8.The City does perform underground repairs of water, sewer and gas lines, but
does not perform sub-aqueous or tunneling operations. Employees are
trained on shoring and trenching and are also trained on the proper use of
self-contained breathing apparatus annually.
9.The City does not engage in the manufacturing, transportation, distribution
or storage of explosives or explosive substances.
10.The Annual Financial Report can be downloaded from the City’s website at
www.cctexas.com.
11.Named Insured: The City of Corpus Christi, its boards, commissions, trustees,
authorities, voluntary associations or other units under the jurisdiction of the
City, and the City as its interest may appear in any board or association of
which the City is a member.
12.The City operates utility services, except electric, and also operates two
freshwater dams. Wesley Seale Dam is located near Mathis, Texas, and
Choke Canyon Dam is located near Three Rivers, Texas. Both Dams are
currently covered under Excess Liability policy. The City utility operations
include water, wastewater, storm water, gas, and solid waste departments.
The City owns and operates one solid waste landfill and monitors two closed
solid waste landfills as well as the 101mile Mary Rhodes water pipeline.
13.The City owns two skate parks that are open to the general public. Skate
parks are not supervised by City staff.
14.The City owns three splash pads that are open to the general public. Splash
pads are not supervised by City Staff.
15.The City does not have any operations involving the repair or construction of
watercraft or vessels, including work performed on barges or docks. The City
does provide a limited hoist and transport service at the marina for vessels
scheduled for repair or dry dock. The marina employees utilize a motorized,
belted hoist to lift vessels out of the water and transport them a short distance
across land to the repair/dry dock area.
16.The City does not own, operate, or maintain a railroad or own, lease,
operate or repair railroad equipment.
17.The City operates a natural gas distribution system for the community, but
does not manufacture, produce, or refine gas or other flammables. The
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City's Gas Department operates a compressed natural gas fueling station.
The City does store gasoline in underground storage tanks for its own use.
The City currently maintains a separate Excess Liability insurance policy for its
Gas Utility. This coverage is not for consideration in this RFP. The Gas
Department’s most recent Gas Utility Audit is enclosed (See Exhibit D).
18.The City contracts out to third parties, for demolition of structures.
19.The Fire Department’s Emergency Driving Operations SOP is attached and is
Exhibit G.
20.City does not provide group transportation for employees to or from the
workplace.
21.The City’s current Comprehensive City’s operations include volunteer and
donated labor, such as volunteer reserve police officers and senior
volunteers.
22.The City owns watercraft used in connection with the bay areas, dams, and
reservoirs as well as beach, Fire and Police rescue operations. Current listing
of watercraft is provided in Exhibit C.
23.The City is not aware of any operations that may involve nuclear exposures.
24.The City is not subject to OSHA Hazard Communication standards.
25.The City’s Utility Department operations involve the hauling of materials
germane to their operation that may include, but may not be limited to:
gravel, sand, pipe, refuse, brush and sewer sludge.
26.City’s Risk Management staff maintains active membership in Public Risk
Management Association (PRIMA) and Texas PRIMA.
27.The City has bond ratings for revenue bonds and general obligation bonds
which include certificates of obligation. Each of the three rating agencies
has assigned ratings for the City of Corpus Christi’s debt. For priority revenue
bonds, the rating issued by Moody’s Investor Service was affirmed at Aa3;
Fitch upgraded their rating to AA from AA-; and Standard and Poor’s
affirmed their rating of AA-. For junior lien revenue bonds, the rating issued
by Moody’s Investor Service was upgraded to Aa3 from A1; Fitch upgraded
their rating to AA- from A+; and Standard and Poor’s is AA-. For general
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obligation bonds (including certificates of obligation), the rating issued by
Moody’s Investor Service is Aa2; Fitch is AA; and Standard and Poor’s is AA.
28.City currently utilizes Recordables database program to track self-funded
Auto, Law Enforcement, Public Officials/Errors and Omissions, General
Liability claims, lawsuits, payments, reserves and other financial information.
29.Currently, the total number of sworn police officers is 446. There are no part
time police officers. The total number of unpaid reserve officers is 7. There
are currently 5 patrol canines. The City operates its own in-house training
academy for training police cadets, civilian police academy and provides
ongoing in-service training for sworn officers and civilian personnel. All police
officers are Texas Commission on Law Enforcement (TCOLE) certified.
30.Number of police vehicles by type: 168 marked units with computers, 33
marked units without computers, 5 unmarked unit with computer, 138
unmarked units without computers, 10 motorcycles, (see Exhibit E for
complete list of all City vehicles).
31.The City’s Police Department has written policies in place regarding pursuits
and use of force and Tasers (see Exhibit F). City’s Fire Department also has a
written policy in place regarding Emergency Driving operations (see Exhibit
G).
32.The City of Corpus Christi Magistration and Detention Center is located on
the 1st floor of the Wilson Plaza Building, 615 Leopard, Suite 113. All individuals
arrested by the Corpus Christi Police Department are taken to the detention
center for processing. Most individuals are magistrated by a Municipal Court
Judge. Magistration is conducted at the facility 24 hours a day, 7 days a
week. The City currently staffs the facility with 18 full-time detention officers
and 4 full-time detention supervisors. The average number of persons
detained in the facility is 41 per week or 1,240 monthly and the average
detention stay is less than 5 - 6 hours. Once processed and magistrated,
disposition of arrested subjects is made by transfer to the Nueces County jail
or released accordingly.
33.Corpus Christi Police Department has cooperative agreements with the FBI,
DEA and Customs. They also participate in the Combined Task Force with
the DEA. The City and Regional Transportation Authority purchased the 800
MGHZ shared radio communications system and have mutual agreements
with Nueces County, City of Portland, City of Robstown, Nueces County Fire
Page 11 of 12
Prevention District 1 & 2 and the Refinery Terminal Fire Company, and the
Port of Corpus Christi.
34.The After Hour Kid Power Program is designed for working parents who need
a safe environment for their children that would otherwise go home to an
unsupervised house. Parks and Recreation Department offers a structured
recreational program for youth in elementary school cafeterias. The
program is state licensed with staff certified in standard first aid, infant, child
and adult CPR, sexual abuse and molestation. Curriculum includes arts and
crafts, tennis, drama, sports, games, educational projects, movies and
weekly special events.
35.Number of employees involuntarily terminated in each of the last three fiscal
years: FY2019-54, FY2018-46, and FY2017-105.
36.Fireworks displays, parades, vendors and special events require permits.
Included in the permit process is obtaining certificates of insurance from the
permittees. The number of fireworks displays range from 3 to 5 annually and
the number of special events varies from 15 to 20 annually.
37.The City currently utilizes staff attorneys from the City Attorney’s office to
handle litigation cases. This practice is intended to continue. Outside
counsel in only hired in litigation matters of potential conflict of interest.
38.The City consists of 27 departments and has a workforce of approximately
3,265. The payroll for calendar year 2018-19 was $215,894,644 and for 2019-
2020 is $179,148,360.
39.Primary Auto/GL Claims are managed by two licensed staff adjusters to
conclusion, except cases where litigation is pursued. Litigation cases are
referred to staff attorneys in the City Attorney’s Office.
40.Excess GL and Auto Liability Loss Runs are attached as Exhibits H & I.
41.The City’s Statement of Property Values, Schedule of Insured Property is
attached as Exhibit K.
Page 12 of 12
Exhibits A through J are located in a separate file on the Supplier
Portal: (http://www.cctexas.com/business/supplierportal)
DATE: 03/10/2021
CARLISLE INSURANCE AGENCY
PROPOSER
CITY OF CORPUS CHRISTI
Pricing Form
CONTRACTS AND PROCUREMENT
RFP 3468
Broker of Record Services for Insurance
1.Refer to "Instructions to Proposers" and Contract Terms and Conditions before
completing proposal.
2.Provide your best price for each item.
3.In submitting this proposal, Proposer certifies that:
I I
I
!
a. the prices in this proposal have been arrived at independently, without
consultation, communication, or agreement with any other Proposer or
competitor, for the purpose of restricting competition with regard to prices;
b.Proposer 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.Proposer has incorporated any changes issue through Addenda to the RFP in this
pricing.
ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE
1.0 ·Broker of Record -Property Insurance l YR $60,000.00 $60,000.00
2.0 Broker of Record -Excess Liability and l YR $40,000.00 $40,000.00 Workers Compensation
3.0 Broker of Record -Valuation services l YR INCLUDED IN INCLUDED IN as related to property insurance. I PROPERTY FEE PROPERTY FEE I Please provide the cost for years 2-5 I I if the option to renew for four one-I year renewals are exercised. If there I I would be a discount for a multi-year I initial term, please indicate on your I I response. I I I I I I
!I � ____ j __ L�-�
Pagel of 2
--
I I ! II
II
ATTACHMENT B: PRICE SCHEDULE
Page 1 of 3
ATTACHMENT C: INSURANCE REQUIREMENTS
CONTRACTOR’S LIABILITY INSURANCE
A.Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by
the City. Contractor must not allow any subcontractor, to commence work
until all similar insurance required of any subcontractor has been obtained.
B.Contractor must furnish to the City’s Risk Manager and Contract Administer
one (1) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City’s Risk Manager. Project name and/or
number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
(Defense costs not included in
face value of the policy)
If claims made policy, retro date
must be prior to inception of
agreement, have extended
reporting period provisions and
identify any limitations regarding
who is insured.
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.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.
Page 2 of 3
B.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
C.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:
•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.
D.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.
E.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.
F.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.
G.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.
Page 3 of 3
H.It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2020 Insurance Requirements
Ins. Req. Exhibit - Professional Services – Broker of Record
12/28/2020 Risk Management – Legal Dept.
Page 1of 1
ATTACHMENT D: WARRANTY REQUIREMENTS
Broker warrants that all Services will be performed in accordance with
the standard of care used by similarly situated brokers performing
similar services.
DATE: March 22, 2021
TO: Peter Zanoni, City Manager
FROM: Miles Risley, City Attorney
Milesr@cctexas.com
(361) 826-3873
CAPTION:
Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail,
Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record,
for upcoming policy year (May 5, 2021 - May 4, 2022) in exchange for annual premium of $3,526,444.
SUMMARY:
The current property insurance policy expires May 4, 2021. This will be a renewal under a six-month
extension of the current Broker of Records Service agreement with Carlisle Insurance expiring June 1,
2021. Limits, coverage and deductible structures will remain as per expiring policy.
BACKGROUND AND FINDINGS:
The City’s Property Insurance Program currently carries property insurance coverage including: All Other
Perils, Flood, Earth Movement, Wind, Named Storm and Equipment Breakdown (Boiler/Machinery). The
City’s property insurance program is a multi-layered program comprised of participating admitted and non-
admitted commercial insurance carriers. In addition to traditional insured property (buildings and
contents), the City’s schedule of insured property includes other specialty insurance type risks: wharves,
baseball stadium, docks, piers and fine arts. The City also purchases through our broker of record
agreement flood insurance for property located wholly or partially within the Special Flood Hazard Areas
(SFHA) as defined by the Federal Emergency Management Agency (FEMA) in Flood Zone A and V
through the National Flood Insurance Program that is not included in this amount).
This year the city conducted a property assessment at the request of our carriers, to provide a more
accurate value assessment of each structure at each location in order to secure quotes from current
carriers The result of the survey increased Total Insured Values (TIV) for Policy year 2021-22 to
$761,086,240, representing a $55,003,034 or a 7.79% increase over last year’s TIV.
Further, worldwide catastrophic events the last five years continue to increase rates at same levels seen
after Hurricanes Katrina and Rita, although there seems to be some indication that property markets
Renewal of Property Insurance
AGENDA MEMORANDUM
Action Item for the City Council Meeting April 20, 2021
may be stabilizing, this, however, is contingent upon the forecast and outcome of the upcoming Hurricane
season. Another factor in the rate and premium increase is that the City has sustained property losses
for Hurricane Harvey, Hurricane Hannah and the recent Winter storm Uri which are still open claims.
FY17-18 FY18-19 FY19-20 FY20-21 FY21-22
Total Insured/Value $
$707,244,943 $703,725,410 $704,560,606 $706,083,206 $761,086,240
(7.79% increase)
Property Rate (per $100
value)
Includes recommended
option
$0.2761 $0.2851 $0.3115 $0.4029 $0.4633
(14.99 % rate
increase)
Property premium
(primary/excess/)
$1,952,915 $2,095,849 $2,180,216.15 $2,829,739 $3,505,755
Premium +/- $48,835
(2.4% decrease
from previous yr.)
$157,565
(7.3% increase
from previous yr.)
$85,367
(4% increase from
previous yr.)
$691,239
(31.7% increase
from previous yr.)
$681,879
(23.97%
increase from
previous yr.)
Limits/All
Risk
$250,000,000 $250,000,000 $250,000,000 $250,000,000 $250,000,000
Named Storm $150,000,000 $150,000,000 $150,000,000 $150,000,000 $150,000,000
Flood/ Earth Movement $ 50,000,000 $ 50,000,000 $ 50,000,000 $ 50,000,000 $ 50,000,000
Coverage/Peril Deductible Deductible Deductible Deductible Deductible
All Risk $50,000 per
occur.
$50,000 per
occur.
$50,000 per
occur.
$50,000 per
occur.
$50,000 per
occur.
Flood (storm surge incl.)
$100,000 per
occur.
$100,000 per
occur.
$100,000 per
occur.
$100,000 per
occur.
$100,000 per
occur.
Named Storm 2% Total
Insurable values
at the time of
the loss at each
location
involved in the
loss or damage
arising out of
the named
storm subject to
a minimum of
$100,000 any
one occurrence
and max. of
$4,000,000 any
one occurrence
2% Total
Insurable values
at the time of
the loss at each
location
involved in the
loss or damage
arising out of
the named
storm subject to
a minimum of
$100,000 any
one occurrence
and max. of
$4,000,000 any
one occurrence.
2% Total
Insurable values
at the time of
the loss at each
location involved
in the loss or
damage arising
out of the
named storm
subject to a
minimum of
$100,000 any
one occurrence
and max. of
$4,000,000 any
one occurrence.
2% Total
Insurable values
at the time of
the loss at each
location involved
in the loss or
damage arising
out of the
named storm
subject to a
minimum of
$100,000 any
one occurrence
and max. of
$4,000,000 any
one occurrence.
2% Total
Insurable
values at the
time of the
loss at each
location
involved in the
loss or damage
arising out of
the named
storm subject
to a minimum
of $100,000
any one
occurrence and
max. of
$4,000,000
any one
occurrence.
Wind/Hail $50,000 per
occur
$50,000 per
occur
$50,000 per
occur
$50,000 per
occur
$50,000 per
occur
Earth Movement $50,000 per
occur
$50,000 per
occur
$50,000 per
occur
$50,000 per
occur
$50,000 per
occur
Optional Coverage
Equipment Breakdown ---------------- $14,631 $14,465 $14,826
$20,677
Total: $2,110,480 $2,194,681 $2,844,565 $3,526,444
Risk Management will employ the following strategies to stabilize increasing premiums:
continue to refine the schedule of properties to lower the total insured values, and
revise the property deductible structure and lower coverage limits for different perils.
ALTERNATIVES:
Risk Management and Legal Department personnel extensively examined options to reduce coverage by
increasing deductibles. Major increases to the City’s deductible yielded relatively small savings to the
current premium. An increase in the general deductible from $50,000 to $250,000, coupled with an
increase in the named storm deductible from 2% per unit to 3% per unit and from $100,000 aggregate
minimum to $1,000,000 minimum yielded a premium reduction of less than $200,000. Nonetheless,
significant increases in deductible will be considered in the upcoming policy year as a method of reducing
the number of claims the City makes.
Another alternative that must always be considered is eliminating coverage entirely. We recommend
against going bare at this time. The City of Corpus Christi Risk Fund is not actuarially calculated to insure
against large catastrophic losses. Such an increase in risk could adversely affect risk perceived by entities
that purchase the City’s debt instruments, increasing the City’s borrowing costs.
FISCAL IMPACT:
Risk Management included this expenditure in its FY 2021-2022 budget. The Risk Management fund is an
internal operating fund based on departmental property value cost allocation to each department. Approval
of this item is an annual reoccurring expenditure to limit the City’s financial exposure under its current
property insurance program.
FUNDING DETAIL:
Fund: Fund 5611-Liab/EB Liab; Fund 1140-Business Job Dev; Fund 4710-Visitor Facility
Organization/Activity: Org. 40520-Ins Policy Premiums; Org.13826-Baseball Stadium;
Org. 13625-Arena Operations; Org. 13600-Convention Center/Auditorium Operations;
Mission Element: 005, 734, & 734
Project # (CIP Only):
Account: 537090-Flood Ins., 537095-Windstorm Ins., & 537420-Property Ins.
RECOMMENDATION:
Staff recommend the City renew its property insurance as illustrated above as per expiring with the same
coverage, limits, sub- limits, deductible structure and policy terms and conditions.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Historical TIV Cost graph
Historical Property Rate graph
City of Corpus Christi 5 year Property Loss History
Page 1 of 3
Resolution authorizing renewal of property insurance, including All
Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment
Breakdown insurance, through Carlisle Insurance Agency, Broker of
Record, for upcoming policy year (May 5, 2021 – May 4, 2022) in
exchange for annual premium of $3,526,444.
WHEREAS, the City utilizes its broker of record to obtain property insurance
including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment
Breakdown insurance for protection of the public health or safety of the municipality’s
residents;
WHEREAS, the current coverages are subject to renewal as of May 5, 2021;
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, the City Council finds that this procurement of property insurance
qualifies as an exception to competitive bidding under Local Government Code, Section
252.022(a)(2), as this procurement is necessary to preserve or protect the public health
or safety of the municipality's residents; and
WHEREAS, the City Council also finds that this procurement is authorized
pursuant to Texas Local Government Code Section 252.024, which authorizes a sole
broker of record to procure necessary coverages for insurance.
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 renew property insurance (subject to changes in listed properties), including
All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown
insurance, through the City’s Broker of Record, Carlisle Insurance Agency, for the
upcoming policy year (May 5, 2021 through May 4, 2022) in exchange for an annual
premium in the amount of $3,526,444.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 2 of 3
Page 3 of 3
Corpus Christi, Texas
_________ day of ___________________, 20____
The above resolution was passed by the following vote:
Paulette M. Guajardo _______________________
Roland Barrera _______________________
Billy Lerma _______________________
John Martinez _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Ben Molina _______________________
Mike Pusley _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
PROPERTY INSURANCE
HISTORICAL TIV & COST
$503.0M
$549.4M $553.2M $565.0M $581.9M
$627.3M
$696.4M $707.3M $703.7M $704.6M $706.1M
$761.1M
$2,673,799 $2,583,811
$2,737,024
$2,976,323
$2,860,695
$2,752,388
$2,001,750
$1,952,915
$2,110,849
$2,194,681
$2,844,565
$3,526,444
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$.0M
$100.0M
$200.0M
$300.0M
$400.0M
$500.0M
$600.0M
$700.0M
$800.0M
TOTAL COSTPROPERTY TOTAL INSURED VALUESPROPERTY TIV TOTAL COST
M Coipui
= Chrisli
PROPERTY INSURANCE
HISTORICAL RATES
SO.GUOO
S0.5300 S0.5300
S0.4900 $0.4900S0.470030.5000
S0.4633
S0.4384
i
$0.4029
S0.4000
i
$0.3115 !$0.2875lU
5 S0.3000 $0.2851$0.2761ct
i
I
S0.2000 i
SO.’000
so.oooo
0"^-\eu^
l\\V-\ 1
TOTAL PROPERTY RATE
CARLISLE
((iI N 5 \ N C E
AGENDA MEMORANDUM
Resolution for the City Council on April 20, 2021
DATE: March 23, 2021
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 Ruben Perez and Belinda Perez to
provide public water to their property located outside the city limits described as Lots 1 and 2,
Block 1, El Caballo Subdivision, also commonly known by its street addresses as 7241 Old
Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City Council
District 3, under Corpus Christi Code Section 55-113.
SUMMARY:
Ruben Perez and Belinda Perez the owners of the lots located at 7241 Old Brownsville Rd (FM
665) and 7273 Old Brownsville Rd (FM 665), have submitted a request to enter into OCL water
contract in accordance with section 55-110 of the City Code of Ordinances. This request is for a
single-family home property located within the ETJ on FM 665 Rd.
BACKGROUND AND FINDINGS:
Mr. and Mrs. Perez will be building a new home outside city limits, at 7241 Old Brownsville Rd
(FM 665) upon approval of the OCL Water Contract and will be building the second home at 7273
Old Brownsville Rd (FM 665) at a future date. They are requesting city water service via
an OCL water contract. Mr. and Mrs. Perez are requesting an OCL water contract with the City to
provide a stable and sustainable water source for their home and family. Mr. and Mrs. Perez
have platted their property as required under section 55-110 of the City Code of
Ordinances and have paid the required developer water acreage fees and will pay the required
tap fees prior to obtaining a water meter and connecting to city water service for both homes.
There is an existing 6-inch water line that fronts the applicants’ property and runs north along FM
665 Rd and there are 2 fire hydrants that front the applicants’ property.
To obtain public water, Mr. and Mrs. Perez must comply with section 55-113 of the City Code of
Ordinance and meet the following requirements:
Outside City Limits Water Contract for El Caballo Subdivision
a. Enter into a written service contract with the city;
b. Submit building plans which comply with all city codes and obtain all city permits
as if the property were within the city limits for all future improvements on the
residence; and
c. Allow inspection of all such building construction.
Water connection will not be approved until after the water service contract has been approved
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.
El Caballo Subdivision was approved by the Planning Commission on January 20, 2021 and
recorded in the Nueces County map records on March 17, 2021. El Caballo Subdivision is located
south of Saratoga Blvd. and the corner of Old Brownsville Rd (FM 665) and FM 763.
Staff recommends City Council approve authorizing the City Manager or designee to enter into
outside city limits water contracts with the property owners 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 the request.
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 Mr. and Mrs. Perez for
their two property lots located at 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd
(FM 665) 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 Ruben Perez
and Belinda Perez to provide public water to their property located outside
the city limits described as Lots 1 and 2, Block 1, El Caballo Subdivision,
also commonly known by its street addresses as 7241 Old Brownsville
Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City
Council District 3, 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(s) of Lots 1 and 2, Block 1, El Caballo
Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd
(FM 665) and 7273 Old Brownsville Rd (FM 665), 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:
ATTEST: CITY OF CORPUS CHRISTI
__________________________ _______________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Paulette M. Guajardo _____________________________
Roland Barrera _________________________
Gil Hernandez ____________________________
Michael Hunter _________________________
Billy Lerma ____________________________
John Martinez ____________________________
Ben Molina _________________________
Mike Pusley ____________________________
CR 49ACR 32
FM 763F M 6 6 5
O L D B R O W N S V IL L EFM 763Ü01,0 00 2,0 00500Feet
F M 6 6 5
FM 763CR 32
CR 26 CR 37CLARKWOODSARATOGA
CR 35CR 49AOLD BROWNSVILLEJOE MIREURSite
Exhibit "A"
El Caballo SubdivisionBlock 1 Lots 1 & 2
Date Created: 3/24/2021Prepared By: ReyRDepartment of Development ServicesProjected Coordina te Sy ste m: NAD_1983 _State Plane_Texas _South_FIPS_4205 _FeetProjection: Lambert_Conformal_Conic
Water Contract Location Map
City Limits
Subject Property
City Council Presentation
April 20, 2021
El Caballo Subdivision
7241 Old Brownsville Rd (FM 665) and
7273 Old Brownsville Rd (FM 665)
Lots 1 and 2, Block 1
Ruben and Belinda Perez
OUTSIDE CITY LIMITS WATER CONTRACT
SERVICE AGREEMENT
VICINITY MAP
N
1 2
FM 763
FM 665
7241 Old Brownsville Rd and 7273 Old
Brownsville Rd
PLAT OF
EL CABALLO SUBDIVISION
7273
7241
AERIAL MAP
NFM 665
FM 7634” CIP Water Line
6” CIP Water Line
FH
6” CIP Water Line
Approval
This request is in compliance with the City Code of Ordinances
Sections 55-110
STAFF RECOMMENDATION
DATE: March 18, 2021
TO: Peter Zanoni, City Manager
peterz@cctexas.com
361-826-3220
FROM: Daniel McGinn, AICP, Director of Planning and ESI
Danielmc@cctexas.com
361-826-7011
CAPTION:
Public Hearing to discuss the annexation of London Pirate Road (formerly County Road 33),
being approximately 3.733 acres of land from FM 43 (Weber Road) to the North approximately
1.027 miles, with the City of Corpus Christi currently having an area of 489 sq. miles.
SUMMARY:
On August 11, 2020, the City entered an Interlocal Agreement with Nueces County for the
reconstruction and annexation of CR 33 (London Pirate Road) in the London area. The
Interlocal Agreement outlined that Nueces County, and the City of Corpus Christi would share
the costs of improving the road with the City taking over ownership and maintenance. The road
work has now been completed and the City can move forward with the annexation proceedings
to fulfill the requirements of the Interlocal Agreement.
BACKGROUND AND FINDINGS:
State law requires cities to prepare a service plan for an area before it can be annexed. The
Service Plan outlines how the city will provide services for the subject property. The Service
Plan for London Pirate Rd. (CR 33) will be limited to services related to the roadway while most
service plans are developed to include multiple different types of land uses. The joint
City/County road project improved 2,200 linear feet of London Pirate Rd. (CR 33) from the
intersection with FM 43 to the rear of the new London ISD Elementary School making it a two-
lane road. The existing conditions of London Pirate Rd. (CR 33) are not adequate to support
the school traffic and projected development in the area recently annexed by the City.
This annexation will include the segment of London Pirate Rd. (CR 33) improved under the
Interlocal Agreement and a portion north totaling 5,420 linear feet. The northern portion of
London Pirate Rd. (CR 33) runs adjacent to a recently annexed residential development
Public Hearings on Annexation of approximately 3.733 acres of land – London Pirate
Road (formerly County Road (CR 33), North from Farm to Market Road (FM) 43 (Weber
Road)
AGENDA MEMORANDUM
First Public Hearing for the City Council Meeting of April 13, 2021
Second Public Hearing for the City Council Meeting of April 20, 2021
(London Towne Subdivision) and proposed Agape Ranch development. The City’s developer
trust fund system recently helped pay for a wastewater lift station as part of the London Towne
Subdivision, opening approximately 1,000 acres immediately east and west of London Pirate
Rd. (CR 33) to public sewer service making higher density single family development possible.
Staff is expecting development of this area to continue with more annexations in the very near
future. London Pirate Rd. (CR 33) will be the primary access point out to FM 43 (Weber Rd.).
ALTERNATIVES:
No alternatives were considered for this request.
FISCAL IMPACT:
There is no financial/fiscal impact associated with this ordinance.
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
No decision about the annexation is being made today.
LIST OF SUPPORTING DOCUMENTS:
Exhibit Map: London Pirate Rd. (CR 33) Annexation Area Map
Agenda Memo
Presentation
Service Layer Credits: Sources: Esri, HERE,Garmin, USGS, Intermap, INCREMENT P,NRCan, Esri Japan, METI, Esri China (HongKong), Esri Ko re a, Esri (Thailand), NGCC , (c)OpenStree tMap con tributors, and the GISUser Community
FM 43
Annexation Area3.733 Acre
LONDON PIRATE ROADLegend
Annexation AreaRoad CenterlineCity Limits
City of Corpus Christi ¯
0 1,250 2,500625Feet1 in ch = 1,0 00 feet
Print Date: 03/18/2021
Exhibit B: Annexation Area = 3.733 acres !AnnexationArea
Anne xation Area is London Pirate Rd ROW from FM 43, North to the NE corner of the London Towne Subdivision. This alignment of ROW includes a segment already contained within the City limits. The assumption of area associated with the London Pirate Rd ROW is based upon the presumed centerline of the existing roadway and a 30 ROW width.
MUNICIPAL SERVICE PLAN
FOR THE LONDON PIRATE ROAD ROW
(formerly County Road 33)
1
Introduction
This Service Plan (“Plan”) is made by the City of Corpus Christi, Texas pursuant to
Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation
of London Pirate Road ROW as depicted in the attached Metes and Bounds (EXHIBIT
A) and annexation area map (EXHIBIT B).
a. Service to be provided pursuant to Texas Local Government Code 43.056(b)
(1) Police Protection:
Services to be Provided: The Corpus Christi Police Department (CCPD) will
provide police protection within the City Limits.
(2) Fire Protection:
Services to be Provided: The Corpus Christi Fire Department will provide fire
protection and suppression within the City Limits through its existing fire stations.
(3) Emergency Medical Service:
Services to be Provided: The Corpus Christi Fire Department will provide
emergency medical services within the City Limits.
(4) Solid Waste Collection:
Services to be Provided: After the effective date of annexation, the City of Corpus
Christi will provide solid waste services to single family residential customers
within the City Limits, directly or indirectly through a third-party contract.
Commercial garbage collection service for businesses and multi-family
residences is available on a subscription basis from private service providers.
The City of Corpus Christi will allow commercial refuse collectors to continue
providing this service to condominium complexes, multi-family apartments and
commercial and industrial establishments.
(5) Operation and Maintenance of Water and Wastewater Facilities that are
not Within the Service Area of Another Water or Wastewater Utility:
Water and wastewater service will be provided within the City Limits in
accordance with the Corpus Christi Unified Development Code, Utility
Department Policies and engineering standards and provided the service is not
within the certificated service area of another utility through existing facilities