HomeMy WebLinkAboutAgenda Packet City Council - 07/20/2021City Council
City of Corpus Christi
Meeting Agenda - Final-revised
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Council Chambers11:30 AMTuesday, July 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 Pastor Brian Hill, First Baptist Church.
C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Megan Pendleton, Texas A&M University-Corpus Christi, Sociology Major.
D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E.Proclamations / Commendations
1.21-0849 Proclamation declaring July 26, 2021 as the "31st Anniversary of the
Americans with Disabilities Act (ADA) Day."
Commendation recognizing Dynamo Coastal Bend Soccer Team.
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July 20, 2021City Council Meeting Agenda - Final-revised
F.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. To speak during this public
comment period, you must sign up before the meeting begins. Each speaker is
limited to a total of no more than 3 minutes per speaker. You will not be allowed
to speak again on an item when the Council is considering the item. Time limits
may be restricted further by the Mayor at any meeting. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Written comments may be submitted at
cctexas.com/departments/city-secretary. Electronic media that you would like to
use may only be introduced into the City system IF approved by the City’s
Information Technology (IT) Department at least 24 hours prior to the Meeting.
Please contact IT at 826-3211 to coordinate. This is a public hearing for all items
on this agenda.
G.South Texas Military Task Force Briefing by Hans Govertsen, United States
Coast Guard.
H.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:
a.Recap of City Operations since June 29, 2021
b.Design Standards Manual Update
c.Packery Channel Funding Update
d.Overview of the J22 Regatta World Championship presented by Alex Harris
e.Seawater Desalination Update by Michael Murphy, Chief Operating Officer
I.BOARD & COMMITTEE APPOINTMENTS: NONE
J.EXPLANATION OF COUNCIL ACTION:
K.CONSENT AGENDA: (ITEMS 2 - 22)
2.21-0841 Approval of the June 29, 2021 Regular Meeting Minutes.
Sponsors:City Secretary's Office
Consent - Second Reading Ordinances
3.21-0683 Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a
property located at or near 15022 Leeward Drive from the “RM-AT/IO”
Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD”
Multifamily AT District with the Island Overlay and a Planned Unit
Development. (Planning Commission and Staff recommend Approval)
Sponsors:Development Services
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July 20, 2021City Council Meeting Agenda - Final-revised
4.21-0684 Zoning Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance
rezoning property at or near 6097 Ennis Joslin Road from the “RS-10”
Single-Family 10 District to the “ON” Neighborhood Office District.
(Planning Commission and Staff recommend Approval)
Sponsors:Development Services
5.21-0743 Ordinance revising Marina Advisory Committee membership to all
at-large/general category members.
Sponsors:City Secretary's Office
6.21-0745 Ordinance accepting and appropriating $901,952 grant from the Office of
the Governor from the Texas Military Preparedness Commission’s
Defense Economic Adjustment Assistance Grant (DEAAG) in the 1072
Community Development Grant Fund for Naval Air Station Corpus Christi
(NASCC) gas distribution system improvements; appropriating $242,818
from the Texas Military Preparedness Commission CIP Fund 3543 as a
City match; amending the FY 2021 Capital Budget to add DEAAG
NASCC Gas Line Replacement project; and amending the FY 2021
Budget to increase revenues and expenditures by $1,144,770.
Sponsors:Communications & Intergovernmental Affairs
Consent - Contracts and Procurement
7.21-0560 Motion authorizing the purchase of six replacement trucks which consist of
one 6-cubic yard dump truck, two 12-cubic yard dump trucks, two heavy
crew trucks with service bodies, and one heavy crew truck with a flatbed
body for the Water and Wastewater Utilities Department from Houston
Freightliner, Inc. of Houston, Texas, for a total not to exceed amount of
$861,584.00 paid through the Vehicle and Equipment Replacement Fund.
Sponsors:Utilities Department and Contracts and Procurement
8.21-0570 Motion authorizing the purchase of one portable 350 kilowatt
trailer-mounted generator from ROMCO Equipment Company, LLC from
Corpus Christi, Texas for the Water Utilities Department, in the amount of
$167,950.00 to be paid through Water Fund.
Sponsors:Utilities Department and Contracts and Procurement
9.21-0651 Motion authorizing a two-year service agreement with three additional
one-year periods, with Williams Scotsman, Inc., of Robstown, Texas, in an
amount of $125,867.15 for the lease of a modular building to meet
short-term office requirements for Solid Waste Department staff that
manage the JC Elliott Transfer Station, the closed landfill, and other
facilities effective upon issuance of notice to proceed, with FY2021 funding
in an estimated amount of $34,410.98 available through the General Fund.
Sponsors:Solid Waste Operations and Contracts and Procurement
10.21-0702 Motion authorizing a two-year supply agreement for 7,000 residential gas
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July 20, 2021City Council Meeting Agenda - Final-revised
regulators for Gas Operations for an estimated amount of $238,000.00
with Wilnat, Inc. dba Koons Gas Measurement of Tulsa, Oklahoma,
effective upon issuance of notice to proceed, with FY 2021 funding in an
amount not to exceed $19,833.00 available through the Gas Fund.
Sponsors:Gas Department and Contracts and Procurement
11.21-0788 Motion authorizing the purchase of one replacement Aerial Lift Bucket
Truck that will be used in the maintenance of City’s traffic control signals by
the Public Works Department from Grande Truck Center in San Antonio,
Texas for a total amount of $137,898.00, with FY 2021 funding available
through the Equipment Replacement Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
12.21-0741 Motion authorizing a three-year service agreement with Horacio Carrillo III,
dba Carrillo's Welding Services "CWS" of Corpus Christi, Texas for an
amount not to exceed $480,000.00, for Welding Services for Asset
Management, Fleet Division, with FY 2021 funding in the amount of
$27,000.00 available through the Fleet Maintenance Fund.
Sponsors:Asset Management Department and Contracts and Procurement
Consent - Capital Projects
13.21-0758 Motion awarding a construction contract to EMR Elevator, Inc., Corpus
Christi, Texas, to upgrade the freight traction elevator for the Police
Department Headquarters, located in Council District 1, in an amount of
$210,000.00 with FY 2021 funding available from the Bond 2018 Fund.
Sponsors:Engineering Services, Asset Management Department and Contracts and
Procurement
14.21-0760 Motion authorizing the execution of Change Order No. 1 with Western
Specialty Contractors, Selma, Texas, for the Seawall Capital Repairs, to
pressure wash the Seawall from McGee Beach to the Barge Dock and
amenities such as eight miradors, the Selena Memorial, sidewalk, and
benches in an amount of $162,500.00, located in Council District 1, for a
total contract value not to exceed $1,261,004.60, with FY 2021 funding
available from the Seawall Capital Fund.
Sponsors:Engineering Services
15.21-0787 Motion authorizing Amendment No. 1 to a professional services contract
with Freese & Nichols Inc., Corpus Christi, Texas, to provide design, bid,
and construction phase services for the reconstruction of Everhart Road
from South Padre Island Drive to McArdle Road, located in Council District
2, in an amount of $361,859.00 for a total amount not to exceed
$411,851.00 with funding available from the Bond 2018, Storm Water,
Water, and Gas Funds.
Sponsors:Engineering Services, Public Works/Street Department and Contracts and
Procurement
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July 20, 2021City Council Meeting Agenda - Final-revised
General Consent Items
16.21-0619 Resolution approving pavement design recommendations for the 22 Bond
2020 Streets projects following City Council Policy 28 which outlines the
guidelines for awarding arterial and collector street construction contracts
using concrete pavement or asphalt pavement.
Sponsors:Engineering Services and Public Works/Street Department
17.21-0636 Motion authorizing a Joint Funding Agreement with the United States
Geological Survey (USGS), U.S. Department of the Interior, for USGS to
maintain automated river gauging stations that record stream flows and
water quality parameters associated with the Frio and Nueces Rivers and
associated tributaries, which is data the City uses daily to manage
releases from the City’s reservoir system and for water treatment
operations, whereby the USGS contributes $28,950.00 and the City
contributes $166,350.00.
Sponsors:Utilities Department
18.21-0747 Resolution authorizing the submission of a grant application for the FY
2021 Edward Byrne Memorial Justice Assistance Grant Program in the
amount of $192,413.00; and authorizing an Interlocal Agreement with
Nueces County for the distribution of Justice Assistance Grant Program
funds in the amount of $96,206.00 to Nueces County and $96,207.00 to
the City of Corpus Christi should the grant be awarded.
Sponsors:Police Department
19.21-0801 Resolution approving FY 2021-2022 grant application for the Beach
Cleaning and Maintenance Assistance Program from the Texas General
Land Office for an estimated amount of $70,000 to provide beach cleaning
and maintenance on North Padre Island and Mustang Island.
Sponsors:Parks and Recreation Department
20.21-0804 Resolution authorizing City of Corpus Christi withdrawal from the Regional
Health Awareness Board and transferring $56,436.72 in funds held as
fiduciary agent to the Board .
Sponsors:Health Department
21.21-0808 Resolution Opposing Texas Windstorm Insurance Association Rate
Increase
Sponsors:Communications & Intergovernmental Affairs
22.21-0844 Resolution amending City Council Policy Number Nine, Community
Development Block Grant and HOME Programs to delete subsection 9.e
which prohibits outside agencies from applying for CDBG funding from the
City more than once every three years and to amend subsections 9.f and
9.g to change the name of Housing and Community Development
Department to the Neighborhood Services Department; and providing an
effective date.
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Sponsors:Neighborhood Services
L.RECESS FOR LUNCH
M.PUBLIC HEARINGS: (ITEMS 23 - 24)
23.21-0843 Ordinance adopting the Fiscal Year 2021-2022 Consolidated Annual
Action Plan (CAAP) for the Community Development Block Grant (CDBG)
budget in the amount of $2,784,119, the Emergency Solutions Grant (ESG)
budget in the amount of $235,265, and the HOME Investment Partnerships
(HOME) budget in the amount of $1,162,686 for a total of $4,182,070
annual funding from the United States Department of Housing and Urban
Development (HUD); authorizing the execution of all necessary documents
to submit the CAAP; authorizing a staff complement of 13 positions;
accepting and appropriating funding for the approved CAAP projects and
authorizing the execution of funding agreements, amendments and other
documents necessary to implement the FY 2021-2022 CAAP.
Sponsors:Neighborhood Services
24.21-0746 Public Hearing and Resolution approving the Corpus Christi Crime Control
District budget for FY 2022 with revenues in a total amount of
$7,720,024.00 and expenditures in a total amount of $7,518,479.00 to fund
63 authorized Police sworn personnel, five replacement vehicles, and
equipment to support both.
Sponsors:Police Department
N.INDIVIDUAL CONSIDERATION ITEMS:
O.FIRST READING ORDINANCES: (ITEM 25)
25.21-0658 Ordinance rejecting the apparent low bid of WLE, LLC. of Austin, Texas
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 Storm Water Group 5A1 for an estimated amount
of $204,540.00 with Dorame General Repair & Lawn LLC of Corpus
Christi, Texas for the Public Works Department, with FY 2021 funding in
an amount not to exceed $11,363.33 available through the Storm Water
Fund.
Sponsors:Public Works/Street Department and Contracts and Procurement
P.BRIEFINGS:(ITEMS 26 - 27)
26.21-0810 Tammy Embrey, Intergovernmental Relations Director, along with City of
Corpus Christi legislative consultants from Focused Advocacy in Austin will
provide the Council insights and lessons learned from the 87th legislative
session in Austin. The presentation will also cover a look ahead into the
Special Sessions that will occur this year, what the city needs to consider
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July 20, 2021City Council Meeting Agenda - Final-revised
moving into the interim activities in 2022 and looking ahead to the 88th
session for 2023.
Sponsors:Intergovernmental Relations
27.21-0540 Regional Transportation Authority Year in Review where Corpus Christi
Regional Transportation Authority CEO Jorge Cruz-Aedo will provide an
overview briefing of the positive transformational changes RTA
implemented over the last year as well as how the improvements have
helped better serve RTA riders and team members .
Sponsors:Public Works/Street Department
Q.EXECUTIVE SESSION: (ITEM 28)
28.21-0842 Executive session pursuant to Texas Government Code § 551.076
concerning security personnel and devices, with possible discussion,
resolution(s), and other actions in open session concerning any matters
related thereto.
R.ADJOURNMENT
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1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
City of Corpus Christi
Meeting Minutes
City Council
11:30 AM Council ChambersTuesday, June 29, 2021
Addendums may be added on Friday.
Mayor Paulette M. Guajardo to call the meeting to order.A.
Mayor Guajardo called the meeting to order at 11:33 a.m.
Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries.B.
Chuck Goodwin, President of Fish for Life Ministries, gave the invocation.
Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Scarlett Henderson, Windsor Park Elementary.
C.
Scarlett Henderson, Windsor Park Elementary School, led the Pledge of Allegiance to
the Flag of the United States and to 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.
Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil
Hernandez,Council Member Billy A. Lerma,Council Member John Martinez,Council
Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith
Present:8 -
Council Member Michael HunterAbsent:1 -
Proclamations / CommendationsE.
1.21-0776 Proclamation declaring July 4, 2021 as the "44th Annual City of Corpus Christi
Mayor's 4th of July Big Bang Celebration" Day.
Recognition of "Mayor's 4th of July Big Bang Celebration" Essay Contest
Winners
Mayor Guajardo presented the proclamation and commendation.
PUBLIC COMMENTF.
Mayor Guajardo opened the public comment period.
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The following citizens spoke in support of short term rentals: Alex Harris, 2138 St. Hwy
286; Debra Brock, 15058 Tesoro Dr.; and Manager of Padre Escapes Vacation Rentals,
Jeremy Clayton, 15244 Capstan St.
Jack Gordy, 4118 Bray Dr., stated that he submitted an open records request, but was
provided with the wrong information that he requested.
Chairman of the Nueces Regional Flood Planning Group, LJ Francis, 602 N. Staples St.,
and Regional Flood Planning Group member, Lauren Hutch Williams, 626 Pasadena
Place spoke regarding the public input process.
Marvin Jones, Padre Isles Property Owners Association, 15313 Beaufort Court, spoke in
opposition to short term rentals in single-family residential areas.
Gary Jaskier, 325 Doddridge St., spoke regarding his concern about the ongoing
speeding down Doddridge Street.
CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G.
Mayor Guajardo referred to City Manager's Comments.
City Manager Zanoni reported on the Police Officer involved shooting incidents.
City Preparation for 4th of July Weekenda.
City Manager Zanoni reported on the Fourth of July festivities beginning on Friday, July
2nd.
A Council Member suggested that all local vendors be notified of additional activities that
will be taking place during the Fourth of July weekend.
Fireworks Safety and Reminder of Fireworks Ordinanceb.
Fire Chief Robert Rocha stated that it is illegal to possess or discharge fireworks within
the city limits or the beach, and violators could be fined up to $2,000 per package; and
encouraged the public to take advantage of the free fireworks show that the City will
provide.
Council Members and Fire Chief Rocha discussed the following topics: the police and
fire departments can issue a citation if someone is in possession or discharging
fireworks; the state legislature has the biggest impact when it comes to having access to
fireworks; and it is legal to discharge fireworks at the Sunrise Beach Park in Mathis, TX.
Update on Multi-family Affordable Housing Developmentsc
City Manager Zanoni presented information on the following topics: Multi-family
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communities across Corpus Christi; affordable rental units under construction; and the
developers have received $34.2 million in low income housing tax credits.
Council Members and City Manager Zanoni discussed the following topics: several
developers will be utilizing the 4% tax credit; and a Council Member's request to look into
using the American Rescue Plan Act (ARPA) funds for affordable housing.
Seawater Desalination Update by Michael Murphy, Chief Operating Officerd.
Chief Operating Officer Michael Murphy reported on the following topics: the desalination
team visited the San Patricio water treatment facility and the La Quinta site; the
environmental discharge impact study will be provided to Council before the July 21st
desalination workshop; and meetings are scheduled in July with Seven Seas and CC
Polymer.
Council Members and Mr. Murphy discussed the following topics: a Council Member
requested that in terms of desalination, all alternatives be considered; and a Council
Member's request for a response to his question regarding the Mary Rhodes Pipeline.
BOARD & COMMITTEE APPOINTMENTS: (NONE)H.
EXPLANATION OF COUNCIL ACTION:I.
BRIEFING: (ITEM 2)J.
2.21-0716 Briefing on Short Term Rentals
Director of Planning and Environmental Services Daniel McGinn and CEO of Visit
Corpus Christi Brett Oetting presented information on the following topics: short term
rentals; summary; community activity (2018-2021); zoning districts; registration/HOT
collection; enforcement; TX Legislation; and next steps.
Council Members, Director McGinn, Director of Finance Heather Hurlbert, City Manager
Peter Zanoni, City Attorney Miles Risley and Director of Neighborhood Services Tracey
Cantu discussed the following topics: Padre Island and Flour Bluff citizens complain
about lack of enforcement of short term rentals; Padre Isles Property Owners Association
(PIPOA) recommended prohibiting short term rentals in single-family residential areas;
Island Strategic Action Committee (ISAC) had a subcommittee that reviewed best
practices for short term rentals; in response to a Council Member's concern regarding
Hotel Occupancy Tax (HOT) collection, the City will reach out to the owners to advise
them if they are not registered as a provider and will collect payment; the City has
currently not reached out to anyone regarding short term rentals; it can take
approximately six months to move forward with short term rentals; most neighborhoods
with Homeowner Association (HOA) restrict short term rentals but these provisions are
not enforceable; a violation of short term rentals is a violation of zoning; if someone is in
violation, there is a 30 day period to correct the violation; once the violation is corrected,
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the owner is in compliance but it does not mean the violations will cease; and failure to
render HOT is a Class C violation.
CONSENT AGENDA: (ITEMS 3 - 20)K.
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items
4, 5, 18, 19 and 20 be pulled for individual consideration.
A motion was made by Council Member Lerma, seconded by Council Member Molina to
approve the Consent Agenda with the exception of Items 4, 5, 18, 19 and 20. The motion
carried by the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
3.21-0744 Approval of the June 22, 2021 Regular Meeting Minutes.
The Minutes were approved on the consent agenda.
4.21-0650 Zoning Case No. 0221-03, Cardinal Investments and Holdings, LLC.: (District 5)
Ordinance rezoning property at or near 7610 Slough Road from the “FR” Farm
Rural District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit
Development. (3/4 vote will be required to approve due to public opposition)
(Planning Commission and Staff recommend Approval)
Mayor Guajardo referred to Item 4.
A Council Member and Director of Development Services Al Raymond stated that this
item was pulled to distribute the amended ordinance that was inadvertently omitted from
the agenda packet.
Council Member Hernandez made a motion to approve the ordinance, seconded by
Council Member Barrera. This Ordinance was passed on second reading and approved
with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: 032479
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Consent - Second Reading Ordinances
5.21-0682 Ordinance adopting a new Padre/Mustang Island Area Development Plan, an
element of the Plan CC Comprehensive Plan; rescinding the former
Mustang/Padre Island Area Development Plan adopted on January 31, 2017;
and amending the Plan CC Comprehensive Plan.
Mayor Guajardo referred to Item 5.
A Council Member and Director of Planning and Environmental Services Daniel McGinn
discussed the following topics: the importance of a maintenance building on the island.
Council Member Smith made a motion to amend the plan by moving S25 - PR22/SH361
Intersection Improvements Study and Implementation (TxDOT) and S29 JFK Causeway
Evaluation from MID-TERM to SHORT-TERM projects, seconded by Council Member
Pusley and passed unanimously.
Council Member Smith made a motion to approve the ordinance as amended, seconded
by Council Member Molina. This Ordinance was passed on second reading as
amended and approved with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: 032480
6.21-0717 Ordinance accepting and appropriating $67,553,894.00 from the American
Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public
health emergency caused by the COVID-19 pandemic; and amending the
FY2021 Operating Budget; and approving addition of two full-time grant funded
positions for the administration of grant funds; and approving use of ARPA funds
as follows: Citywide Waterline Replacement $30,000,000; Citywide
Wastewater Lift Station Upgrades $18,400,000; Citywide Stormwater
Improvements $10,000,000; North Beach Drainage Improvements $5,000,000;
Construction of Fire Station 3 $4,050,000; and Downtown Outdoor Dining
Development $100,000.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032481
7.21-0693 Ordinance accepting a grant for the Regional Local Services System/Local
Public Health System in the amount of $328,736 from the Texas Department of
State Health Services; and appropriating the grant funds with an additional
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estimated $330,000 of grant program income and $70,000 of Medicaid income
for a total amount of $728,736 to provide essential public health services.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032482
8.21-0690 Ordinance authorizing acceptance and appropriation of the following grants
totaling in the amount of $1,090,981.00 from the Texas Department of State
Health Services: Laboratory Response Network Contract Amendment No. 5 in
amount of $205,548; Immunization Contract Amendment No. 3 in amount of
$334,077 and appropriating $70,000 in program income; Epidemiology
Capacity Expansion Contract Amendment No. 2 in amount of $409,711;
Tuberculosis Prevention and Control Contract Amendment No. 2 in amount of
$61,645; and Laboratory Response Network Influenza Contract in amount of
$10,000.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032483
9.21-0637 Ordinance authorizing a five-year subscription agreement with the option to
extend for three additional years with Incapsulate, LLC in an amount of
$2,223,569.63 for Customer Relationship Management System (CRMS) for
311, effective upon issuance of a notice to proceed, appropriating $622,461.64,
from the unreserved fund balance of the Information Technology fund and
amending the FY 2021 operating budget to increase expenditures.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 032484
Consent - Contracts and Procurement
10.21-0677 Motion authorizing the purchase of additional detection equipment and
containment devices for hazardous leaks and spills for the Corpus Christi Fire
Department from FarrWest Environmental Supply Inc., of Schertz, Texas through
the HGAC Buy Cooperative for a total amount of $111,057.40, effective upon
issuance of Notice to Proceed with FY 2021 funding through the Fire Grants
Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-130
11.21-0542 Resolution authorizing the purchase of two wastewater aeration blowers from the
Spencer Turbine Company of Windsor, Connecticut for the Utilities Department
to be placed at the Oso Water Reclamation Plant and the Allison Wastewater
Treatment Plant, in the amount of $191,461.00 with FY 2021 funding available in
the Wastewater Fund.
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This Resolution was passed on the consent agenda.
Enactment No: 032485
12.21-0577 Resolution authorizing the purchase of two wastewater aeration blowers from
Gardner Denver Nash, LLC of Charleroi, Pennsylvania for the Utilities
Department to be placed at the Oso Water Reclamation Plant and the
Greenwood Wastewater Treatment Plant, in the amount of $173,686.30 with FY
2021 funding available in the Wastewater Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032486
13.21-0638 Motion authorizing a three-year service agreement for crane services for
wastewater system maintenance and repair work, for an amount not to exceed
$135,275.00, with Gulf Coast Crane Service, LLC of Corpus Christi, Texas for
the Utilities Department, with FY 2021 funding in an estimated amount
$15,030.00 available through the Wastewater Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-131
14.21-0631 Motion authorizing a one-year supply agreement with DPC Industries, Inc. of
Corpus Christi, Texas in an amount not to exceed $103,000.00 for Liquid
Chlorine in 1-ton Cylinders for O.N. Stevens Water Treatment Plant, with FY
2021 funding in an estimated amount of $34,334.00 available through the Water
Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-132
15.21-0592 Motion authorizing a three-year service agreement with Vets Securing America,
Inc. of San Antonio, Texas in an amount not to exceed $208,050.36 for armed
security guard services for Sunrise Beach, with FY 2021 funding in an estimated
amount of $23,116.00 available through the Utilities Department Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-133
16.21-0548 Resolution authorizing a two-year supply agreement with Aclara Technologies
LLC, of St. Louis, Missouri, for a total amount not to exceed $2,304,818.00, for
water meter transmission units (MTUs) for the Utilities Department, effective
upon issuance of notice to proceed, with FY 2021 funding in the amount of
$384,136.33 available through the Water Fund.
This Resolution was passed on the consent agenda.
Enactment No: 032487
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June 29, 2021City Council Meeting Minutes
17.21-0645 Motion authorizing a two-year supply agreement, with Wilnat Inc., dba Koons
Gas Measurement of Tulsa, Oklahoma , in an estimated amount of
$1,357,752.00, for 11,650 gas meters that will be used for new services and
replacement of models no longer supported for Gas Operations, effective upon
issuance of notice to proceed, with FY 2021 funding in an amount not to exceed
$169,719.00 available through the Gas Fund.
This Motion was passed on the consent agenda.
Enactment No: M2021-134
18.21-0696 Resolution authorizing the renewal of a five-year natural gas supply contract with
NextEra Energy Marketing, LLC for an estimated amount $125,000,000.00, of
which $1,500,000.00 is needed for the remainder of the FY 2020-2021, to meet
the City’s natural gas requirement from August 1, 2021 to August 1, 2026.
Mayor Guajardo referred to Item 18.
A Council Member requested that this item be pulled to emphasize the importance of this
contract for the City.
Council Member Pusley made a motion to approve the resolution, seconded by Council
Member Molina. This Resolution was passed and approved with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: 032488
19.21-0689 Motion authorizing the purchase of one replacement John Deere cab tractor with
front loader and rotary cutter from Deere & Company, of Cary, North Carolina
through the BuyBoard Cooperative, for a total amount of $98,094.15, which will
be utilized to mow grass and general lawn and field maintenance at the Corpus
Christi International Airport (CCIA), with FY 2021 funding available through the
Vehicle Equipment Replacement Fund.
Mayor Guajardo referred to Item 19.
This item was inadvertently pulled.
Council Member Hernandez 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
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Page 8City of Corpus Christi Printed on 7/8/2021
June 29, 2021City Council Meeting Minutes
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: M2021-135
General Consent Items
20.21-0751 Resolution revising the Infill Housing Incentive Program Guidelines as authorized
by Article II, Chapter 20 of the City of Corpus Christi Code of Ordinances; and
authorizing a two-year agreement with the Corpus Christi B Corporation to
provide Type B affordable housing funding in the amount of $1,250,000 for costs
related to the Infill Housing Incentive Program.
Mayor Guajardo referred to Item 20.
Council Members, City Manager Peter Zanoni and Homeless Services and Workforce
Housing Manager Jennifer Buxton discussed the following topics: the infill housing
program is not directed at low income housing; a Council Member's request to table this
item to work out additional details; the homeowner needs to stay in the home at least five
years; a $25,000 incentive is given to the developers; the money would come from the
general fund if Type B funding was not being used; in order to promote this program with
developers, the City will need to reach out to home buyers and homebuilders, realtors
association, and neighborhood groups, and to pre-qualify home buyers to lessen the
sales risk that homebuilders face; the buyer could benefit from both the development and
the direct down payment assistance; the importance of keeping affordable housing
available to the community; and a Council Member's request to get a progress update in
about six months.
Council Member Molina made a motion to approve the resolution, seconded by Council
Member Lerma. This Resolution was passed and approved with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: 032489
RECESS FOR LUNCHL.
Mayor Guajardo recessed the Council meeting for lunch at 1:36 p.m. Executive Session
Item 28 was held during the lunch recess. Mayor Guajardo reconvened the meeting at
4:17 p.m.
PUBLIC HEARINGS: (ITEMS 21 - 22)M.
Page 9City of Corpus Christi Printed on 7/8/2021
June 29, 2021City Council Meeting Minutes
21.21-0683 Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a property
located at or near 15022 Leeward Drive from the “RM-AT/IO” Multifamily AT
District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with
the Island Overlay and a Planned Unit Development. (Planning Commission and
Staff recommend Approval)
Mayor Guajardo referred to Item 21.
Director of Development Services Al Raymond stated that the purpose of this item is to
allow for the construction of a 6-unit townhome development and presented information
on the following topics: aerial overview; zoning pattern and adjacent development; PUD
deviations; PUD deviations continued; master site plan; public notification; and planning
commission and staff recommend approval with conditions.
Mayor Guajardo opened the public hearing.
The applicant, Miguel Torres, stated that he is requesting a waiver for a sidewalk along
Leeward Drive.
Council Members, Director Raymond and City Manager Peter Zanoni discussed the
following topics: staff recommends approval of the waiver; the Council has adopted
Vision Zero which encourages the use of sidewalks; and the planning commission
decides whether or not to waive a sidewalk.
Mayor Guajardo closed the public hearing.
Council Member Smith made a motion to approve the ordinance, seconded by 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
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
22.21-0684 Zoning Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance rezoning
property at or near 6097 Ennis Joslin Road from the “RS-10” Single-Family 10
District to the “ON” Neighborhood Office District. (Planning Commission and
Staff recommend Approval)
Mayor Guajardo referred to Item 22.
Director of Development Services Al Raymond presented information on the following
topics: aerial overview; zoning pattern and adjacent development; public notification; and
planning commission and staff recommend approval.
Page 10City of Corpus Christi Printed on 7/8/2021
June 29, 2021City Council Meeting Minutes
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing
Council Member Smith 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:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
INDIVIDUAL CONSIDERATION ITEMS: (ITEM 23)N.
23.21-0754 Resolution amending the Financial Budgetary Policies for Fiscal Year
2021-2022 to address the appropriation of interest in capital improvement
funds, appropriation and restriction of revenue in the Community Enrichment
Fund, and to provide financial policy direction on preparation of the annual
budgets.
Mayor Guajardo referred to Item 23.
Director of Management and Budget Eddie Houlihan presented information on the
following topics: amend Section 18-Capital Improvement Plans(CIP)/Funding; and add
section 23-community enrichment fund.
Council Members, Director Houlihan and City Manager Peter Zanoni discussed the
following topics: the City Manager will add an additional section to the policy that will
develop an annual or bi-annual close out process, and will present it to Council at the first
meeting in July.
Council Member Hernandez made a motion to approve the resolution, seconded by
Council Member Smith. This Resolution was passed and approved with the following
vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
Enactment No: 032490
Page 11City of Corpus Christi Printed on 7/8/2021
June 29, 2021City Council Meeting Minutes
FIRST READING ORDINANCES: (ITEMS 24 - 25)O.
24.21-0743 Ordinance revising Marina Advisory Committee membership to all
at-large/general category members.
Mayor Guajardo referred to Item 24.
City Secretary Rebecca Huerta stated that the proposed ordinance would modify the
composition of the Marina Advisory Committee and remove the member categories and
replace it with all at-large members. The At-Large Members would provide more
flexibility in terms of recruitment.
There were no comments from the Council.
Council Member Barrera made a motion to approve the ordinance, seconded by Council
Member Lerma. This Ordinance was passed on first reading and approved with the
following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
25.21-0745 Ordinance accepting and appropriating $901,952 grant from the Office of the
Governor from the Texas Military Preparedness Commission’s Defense
Economic Adjustment Assistance Grant (DEAAG) in the 1072 Community
Development Grant Fund for Naval Air Station Corpus Christi (NASCC) gas
distribution system improvements; appropriating $242,818 from the Texas
Military Preparedness Commission CIP Fund 3543 as a City match; amending
the FY 2021 Capital Budget to add DEAAG NASCC Gas Line Replacement
project; and amending the FY 2021 Budget to increase revenues and
expenditures by $1,144,770.
Mayor Guajardo referred to Item 25.
Director of Intergovernmental Relations Tammy Embrey stated that this will be the fourth
Defense Economic Adjustment Assistance Grant (DEAAG) from the Governor to
continue improving infrastructure at our Naval Base.
Council Members, Director Embrey and Director of Gas Operations Bill Mahaffey
discussed the following topics: there is currently not a start date for this project; the
engineering on this project will be done in-house; and the total estimated cost is $1.9
million.
Community Planning Liaison Ben Pollack spoke in support of this project.
Page 12City of Corpus Christi Printed on 7/8/2021
June 29, 2021City Council Meeting Minutes
Council Member Hernandez made a motion to approve the ordinance, seconded by
Council Member Barrera. This Ordinance was passed on first reading and approved
with the following vote:
Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and
Council Member Smith
8 -
Absent:Council Member Hunter1 -
Abstained:0
BRIEFINGS: (ITEMS 26 - 27)P.
26.21-0762 The City of Corpus Christi will be hosting of the Summer Games of Texas for
2021. The events will be held July 29 through August 1, 2021. The City of
Corpus Christi was also selected to host the Summer Games of Texas for 2022
with dates still yet to be determined. The Games of Texas are a series of
amateur Olympic-style events held each summer and winter in the State of Texas
organized by the Texas Amateur Athletic Federation (TAAF). In July 2012 and
2013, the Parks and Recreation Department hosted the Summer Games of
Texas. The two-year event had an estimated $15,000,000 economic impact for
the City of Corpus Christi.
Mayor Guajardo referred to Item 26.
Interim Assistant Director of Parks and Recreation Lisa Oliver presented information on
the following topics: Texas Amateur Athletic Federation (TAAF); Games of Texas;
economic benefits; Games of Texas July 29-August 1, 2021 sporting events; sports
schedule; community partners/stakeholders; and event budget.
Council Members, Assistant Director Oliver and Assistant City Manager Neiman Young
discussed the following topics: pickleball will be held the weekend of July 24th; visit
TAAF.com for volunteer information; the third-party operator who is communicating with
the Parks and Recreation department is receiving higher demands for pickleball courts;
in response to a Council Member's question regarding concession, food truck vendors
will be located at the Cabaniss Parkway entrance; and a Council Member's concern
about the Bill Witt parking lot.
27.21-0757 The City of Corpus Christi - Gas Department Briefing for the Natural Gas
Distribution Expansion of natural gas service to the residential market.
Mayor Guajardo referred to Item 27.
Director of Gas Operations Bill Mahaffey presented information on the following topics:
expansion of the gas system; percentage of gas meters overall; builder incentives;
builder program rebates; single family residential gas taps installations per year; and
home builder program comparison.
Page 13City of Corpus Christi Printed on 7/8/2021
June 29, 2021City Council Meeting Minutes
Council Members and Director Mahaffey discussed the following topics: it is more
expensive to install gas in existing homes versus new construction homes; the $1,000
rebate goes to the homebuilder; the rebate program also applies for existing homes; gas
generators may qualify as a builder incentive; different venting is involved to convert from
electric to gas; gas water heaters are a lot more efficient than electric water heaters; a
Council Member's request to provide the cost for homeowners to convert from electric to
gas; a Council Member's request for information to know whether a home builder is
actually installing gas appliances in new homes; and a program still exists for gaslight
lamps to be installed in existing homes, but is not recommended due to the higher cost
associated.
EXECUTIVE SESSION: (ITEM 28)Q.
Mayor Guajardo referred to Executive Session Item 28. The Council went into Executive
Session at 1:36 p.m. The Council returned from Executive Session at 4:17 p.m.
28.21-0755 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 Manager evaluation and the
employment agreement therewith and Texas Government Code § 551.074
(personnel matters) to deliberate the appointment, employment, evaluation,
reassignment, duties, or discipline of a public officer or employee (including, but
not limited to, the City Manager).
This E-Session Item was passed after executive session.
The following motion was considered:
Motion to authorize the Mayor to execute an amendment to the employment agreement of
the City Manager to modify paragraph 4, compensation, to increase the base salary by
five percent.
Enactment No: M2021-136
ADJOURNMENTR.
There being no further business, Mayor Guajardo adjourned the meeting at 5:49 p.m.
Page 14City of Corpus Christi Printed on 7/8/2021
DATE: May 28, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
CAPTION:
Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a property located at or
near 15022 Leeward Drive from the “RM-AT/IO” Multifamily AT District with the Island Overlay to
the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit
Development
SUMMARY:
The purpose of the rezoning request is to allow for the construction of a 6-unit townhome
development.
BACKGROUND AND FINDINGS:
The subject property totals “RM-AT/IO” Multifamily AT District with the Island Overlay and has
remained undeveloped since annexation in 1981. To the north, south, and east are townhouse
and multifamily developments zoned “RM-AT/IO” Multifamily AT District with the Island Overlay.
To the west is vacant a property zoned “CR-2/IO” Resort Commercial District with the Island
Overlay and several townhome style developments zoned “RM-AT/IO/PUD” Multifamily AT
District with the Island Overlay and a Planned Unit Development.
Conformity to City Policy
The subject property is located within the boundaries of Padre/Mustang Island Area Development
Plan and is planned for a mixed use. The proposed rezoning is consistent with the adopted
Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a
negative impact upon adjacent properties. Surrounding properties have been rezoned over the
past decades indicating a pattern towards high density residential townhouse and condominium
development. The zoning pattern is in line with a Plan CC policy statement of creating urban
villages and accommodating continuous growth. The proposed PUD will allow Daily Weekly, and
Monthly rentals. The current “RM-AT/IO” Multifamily AT District with the Island Overlay allows this
use today. Infill development should be encouraged at this site. PUDs allow flexibility for attractive,
efficient design and can often reduce infrastructure installation and maintenance costs to the city.
PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the
Rezoning a property at or near 15022 Leeward Drive
AGENDA MEMORANDUM
Public Hearing & First Reading Ordinance for the City Council Meeting 06/29/21
Second Reading Ordinance for the City Council Meeting 07/20/21
Mustang/Padre Island ADP.
Public Input Process
Number of Notices Mailed
136 within 200-foot notification area
5 outside notification area
As of May 28, 2021:
In Favor
0 inside notification area
0 outside notification area
In Opposition
0 inside notification area
0 outside notification area
Totaling 0.00% of the 200-foot notification area* is in opposition.
*Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification
area.
Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning to the “RM-AT/IO” Multifamily AT District with the Island Overlay to
the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit
Development.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
The Planning Commission recommended approval of the zoning to the “RM-AT/IO” Multifamily
AT District with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island
Overlay and a Planned Unit Development on May 26, 2021.
Vote Count:
For: 8
Opposed: 0
Absent: 1
Abstained: 0
Staff recommends approval of the zoning request.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0521-02, Terry J. Cox (District 4). Ordinance zoning a property
located at or near 15022 Leeward Drive from the “RM-AT/IO” Multifamily AT District
with the Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the
Island Overlay and a Planned Unit Development
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as Lot 19, Block 46, Section B, Padre Island as shown in
Exhibit “A”:
“RM-AT/IO” Multifamily AT District with the Island Overlay to the “RM-AT/IO/PUD”
Multifamily AT District with the Island Overlay and a Planned Unit Development
The subject property is located at or near 15022 Leeward Drive. Exhibit A, which is a map
of the subject property and Exhibit B, which is a copy of The Leeward Bay Planned Unit
Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this
ordinance.
SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this
ordinance is subject to the Owner following the conditions listed below:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance with Leeward Bay Planned Unit Development
Page 2 of 4
(PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review
Committee (TRC) requirements.
2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject
property shared with Leeward Drive in accordance with the Unified Development Code
(UDC).
3. Solid Waste: The solid waste collection point must be easily accessible by City
personnel from Leeward Drive by a solid waste vehicle.
4. Landscape: The vehicular use area shall be screened by landscaping in accordance
with Section 7.3.11 of the UDC. This may require the removal of parking spaces along
Leeward Drive to incorporate landscaping and navigability.
5. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC and Building and Fire Code Requirements.
6. Time Limit: An approved development plan shall expire 24 months after the date that
the development plan was approved, unless a complete building permit application
has been submitted or, if no building permit is required, a certificate of occupancy has
been issued.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. This ordinance shall become effective upon publication.
Page 3 of 4
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
Page 4 of 4
Exhibit A
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 2
CONTENTS
DEVELOPMENT DESCRIPTION ................................................................................................................................... 3
DEVELOPMENT LOCATION MAP ............................................................................................................................... 3
ADJACENT LAND USE AND ZONING ........................................................................................................................... 3
LOT LAYOUT .......................................................................................................................................................... 4
DEVELOPMENT DEVIATIONS .................................................................................................................................... 5
DEVELOPMENT GUIDELINES ..................................................................................................................................... 5
OPEN SPACE LAYOUT .............................................................................................................................................. 7
VEHICULAR AND PEDESTRIAN ACCESS ....................................................................................................................... 8
PARKING REQUIREMENTS ........................................................................................................................................ 8
TYPICAL CROSS SECTION ......................................................................................................................................... 9
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 3
DEVELOPMENT DESCRIPTION
Leeward Bay, P.U.D., consists of a residential development on 0.52 acres on Padre Island (Lot 19, Block 46,
Padre Island-Corpus Christi Section B, of Volume 34, Pages 15 - 16 M.R.N.C.T.). The development is a
planned community that will consist of 6 single-family lots and 2 common area lots. The property currently is
vacant land and zoned Multifamily Apartment Tourist/Island Overlay (RM-AT/IO). The City of Corpus Christi
Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed
density will be 12 units per acre.
DEVELOPMENT LOCATION MAP
ADJACENT LAND USE AND ZONING
The following table indicates the Adjacent Land Use and Zoning at the time of the PUD:
CURRENT LAND USE ZONING
North of Property High Density Residential (Condominiums) RM-AT/IO
South of Property High Density Residential (Townhouse) RM-AT/IO
East of Property Hotel RM-AT/IO
West of Property Vacant CR-2/IO
Development Location Park Rd. 22 N
Bing Maps Imagery Year: 2020
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 4
LOT LAYOUT
The following is the Lot Layout for the development:
· 6 SINGLE-FAMILY LOTS
· 2 COMMON AREA LOTS (LOT 7 IS NON-BUILDABLE)
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 5
DEVELOPMENT DEVIATIONS
The following table indicates the Development Deviations for the Residential Lots:
DESCRIPTION UDC- ZONING/PLATTING ORDINANCE
REQUIREMENTS (RM-AT) PUD REQUIREMENTS
Lot Area in Square Feet Minimum = 5,000
Maximum = N/A
Minimum = 1,100
Maximum = N/A
Lot Width at Front Yard
Requirement Line in Feet
Minimum = 50’
Maximum = N/A
Minimum = 27’
Maximum = N/A
Right-of-way / Access Easement 50 feet Minimum = 24 feet
Pavement Width in Feet Minimum = 28’ Minimum = 24’ Yard Requirements (Minimum in Feet) Street – Non-Corner 20’ 5’
Street – Corner 10’ N/A
Side – Single 5’ 0
Side – Total 0 0
Rear 5’ 5’
Open Space 25% 25%
Curb Type Standard 6” Curb and Gutter 1’ Edge Curb
Sidewalk 5’ width on both sides 6’ sidewalk on one side of
private access drive
Parking Spaces 2 per Unit = 10 2 per Unit = 10
Parking Guest Spaces 1 per 5 Units = 2 1 per 5 Units = 2
The following table indicates the Development Deviations for the Common Area Lots:
DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS
Parking requirement per Parks and
Open Area in Square Feet 1 per 10,000 SF outdoor lot area = 1 1 per 10,000 SF* = 1
* – The development is designed to be walkable and the common areas are intended for the residences only.
DEVELOPMENT GUIDELINES
The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS
Residential Lot(s) 1 1-6
Common Area and Access Easement Lot(s) 1 7-8
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 6
RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS
Usage Residential
Open Space- Percent Minimum 25%
Building Height – Maximum in Feet UDC 4.2.8
Building Spacing – Minimum in Feet 0
Parking Requirement Per Unit 2
Maintenance Lot Owner and/or Home Owners Association (HOA)
Improvements Allowed Residential structure(s) and support structure(s) including decks,
porches, pavements, fencing, landscaping, etc.
Improvements Placement
Shall not protrude into the yard or easement(s), or beyond the
property line (whichever is applicable) except for pavements,
fencing, and landscaping.
Rental Daily, weekly, and monthly rentals are allowed
COMMON AREA LOTS DESCRIPTION REQUIREMENTS
Usage Non-Residential Structures and improvements
supporting the Community
Lot Area in Square Feet Minimum = N/A Maximum = N/A
Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street – Non-Corner 5’ *
Street – Corner N/A
Side – Single 5’
Side – Total 5’
Rear 5’
Building Height – Maximum in Feet 2-story
Building Spacing – Minimum in Feet As per International Building Code
Landscape Requirement Will be determined during building permitting.
Maintenance Home Owners Association (HOA)
Improvements Allowed Community structures and support structures including decks,
pool, porches, pavements, fencing, landscaping, utilities, etc.
Improvements Placement
Shall not protrude into the yard or easement(s), or beyond the
property line (whichever is applicable) except for pavements,
fencing, landscaping, utilities.
* – Yard requirement is for Block 1, Lot 8 only.
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 7
OPEN SPACE LAYOUT
The following is the Open Space Layout for the development:
OPEN SPACE CALCULATION
QUANTITY
(SQUARE FEET)
QUANTITY
(ACRE)
Total Area of PUD 22,500 0.52
Total Non-Open Space (Impervious Area) 1,2,3 15,202 0.35 67%
Total Open Space (Pervious Area) 4 7,298 0.17 33%
1 Constructed building area
2 Driveway area
3 Area of all Pavement and Sidewalk
4 Minimum Open Space required is 25%
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 8
VEHICULAR AND PEDESTRIAN ACCESS
The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will
provide a 24-foot clear entrance/exit for emergency vehicles. The private drive within the development will be a
minimum of 24’ wide from back-of-curb to back-of-curb. The development will provide 6’ sidewalk on one side of the
road to promote walkability and access to future amenities as indicated.
PARKING REQUIREMENTS
The following is the Parking Requirements for the development:
LOT TYPE REQUIREMENTS
QUANTITY OF
LOTS
QUANTITY OF PARKING
PROVIDED (PUD)
Residential 1 2 per unit 6 13
Residential - Guest Parking 1 1 per 5 units 6 3
Common Area 1 per 10,000 SF 1 1
Total: 17
1 – Parking anywhere within the limits of the development.
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 9
TYPICAL CROSS SECTION
The following are Typical Cross Section for the development:
NOTE: The Right of Way is a Private Access Easement and Private Utility Easement.
Cross Section A
E SSE SSE SSE SSE SS17 @ 9' = 153'-0"24'-0" 9'-0"E WE WE WE WE WLEEWARD DRIVE (100' R.O.W.)PROPOSED TAPPING SADDLE (6"
BY 6"). PUBLIC WATER METER
BANK - 8 METERS OF 3 /4" ON A 2"
TAP (6 UNITS, 1 IRRIGATION & 1
POOL HOUSE/BATHROOM)
EXISTING FIRE
HYDRANT
PROPOSED ROAD REPAIR
IF NECESSARY (2' WIDE)
DUMPSTER
AREA
PROPOSED SS
CLEANOUT (PRIVATE)PROPOSED 6" PVC SS
(PRIVATE) @ 0.50%
PROPOSED SS
MANHOLE (PUBLIC)
R=10'
PROPOSED TRANSITIONAL
CURB
EXISTING 6" WATER (ACP)
PROPOSED 1' EDGE CURB'
6' SIDEWALK
PERGOLA AREA
EXISTING OVERHEAD
ELECTRICAL LINE
EXISTING 8"
WASTEWATER (CLAY)
POOL
AREA
1
1,632 SFT
3
1,377 SFT
4
1,377 SFT
5
1,377 SFT
8
5,800 SFT
2
1,377 SFT
7
8,183 SFT
6
1,377 SFT
5' YR
10' YR/UE (PRIVATE)5' YR/UE5' YR5' YR
5' YR/UE (PRIVATE)
1
292' HOSE LAY
INTERIM REVIEW
NOT FOR CONSTRUCTION,
BIDDING OR PERMIT
PURPOSES
DATE:
LIC:
Craig B. Thompson, P.E.
89496
04/14/2021
Corpus Christi, Texas 78411Hanson Professional Services Inc.4501 Gollihar Rd.OF SHEETAPR 14, 2021 8:40 AM TORRE02031I:\20JOBS\20I0214\CAD\SITE\MODEL\PUD\MASTER SITE PLAN.DWGREVREVISIONDATEDRAWNDESIGNEDREVIEWEDCopyright Hanson Professional Services Inc. 2021TBPE F-417 / TBPLS F-10039500SCALE: AS SHOWNDATE: APRIL 14, 2021HANSON NO. 20I0214FILENAME:LAYOUTDRAWNREVIEWEDTBPG F-50556 / TBAE F-BR 24581 TERRY COXMTGMTGCBTEXISTING FIRE HYDRANT
LEGEND
PROPERTY BOUNDARY LINE
UTILITY EASEMENT - UE
YARD REQUIREMENT - YR
IRON ROD FOUND
ROAD CENTERLINE - ℄
BLOCK SYMBOL1
MAP RECORDSM.R.
IRON ROD SET
PROPERTY LOT LINE
EXISTING WATERE W
E SS EXISTING WASTE WATER
EXISTING OVERHEAD ELECTRIC
PROPOSED ROAD REPAIR
FIRE HYDRANT HOSE LAY
PROPOSED GRASS AREA
PROPOSED CONCRETE
PROPOSED EDGE CURB
PROPOSED WATER
PROPOSED BUILDING APPROX. LOCATION
PROPOSED SANITARY SEWER (PRIVATE)
PROPOSED SANITARY SEWER CLEANOUT (PRIVATE)
PROPOSED SANITARY SEWER SINGLE SERVICE CONNECTION
PROPOSED SANITARY SEWER DOUBLE SERVICE CONNECTION
PROPOSED WASTE WATER MANHOLE (PUBLIC)
N
S
E
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LEEWARD BAY, P.U.D.CORPUS CHRISTI, TEXAS1 MASTER SITE PLANC-1MASTER SITE PLAN
PLANNING COMMISSION FINAL REPORT
Case No. 0521-02
INFOR No.
Planning Commission Hearing Date: May 26, 2021 Applicant & Legal Description Owner: Terry J. Cox
Applicant: Hanson Professional Services, Inc.
Location Address: 15022 Leeward Drive
Legal Description: Lot 19, Block 46, Section B, Padre Island, located east
side of Leeward Drive, south of St. Augustine Avenue, and north of Aruba
Drive. Zoning Request From: “RM-AT/IO” Multifamily AT District with the Island Overlay
To: “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a
Planned Unit Development
Area: 0.52 acres
Purpose of Request: To develop a 6-unit townhome development. Existing Zoning and Land Uses Existing Zoning District Existing
Land Use
Future
Land Use
Site “RM-AT/IO” Multifamily AT
District with the Island Overlay Vacant Mixed Use
North “RM-AT/IO” Multifamily AT
District with the Island Overlay
Medium Density
Residential Mixed Use
South “RM-AT/IO” Multifamily AT
District with the Island Overlay
Medium Density
Residential Mixed Use
East “RM-AT/IO” Multifamily AT
District with the Island Overlay Commercial Mixed Use
West “CR-2” Resort Commercial
with the Island Overlay District Vacant Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries
of the Padre/Mustang Island Area Development Plan and is planned for a
mixed use. The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT
District with the Island Overlay and a Planned Unit Development is consistent
with the adopted Future Land Use Map which calls for mixed uses.
City Council District: 4
Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 100
feet of street frontage along Leeward Drive which is designated as an “C1”
Minor Collector Street. According to the Urban Transportation Plan, “C1” Minor
Collector Streets can convey a capacity between 1,000 and 3,000 Average
Daily Trips (ADT).
Staff Report
Page 2
Street R.O.W Street
Urban
Transportation
Plan Type
Proposed
Section
Existing
Section
Traffic
Volume
Leeward Drive “C1” Minor
Collector
60’ ROW
40’ paved
100’ ROW
57’ paved
1280
ADT
(2012)
Staff Summary:
Development Plan: The subject property is a total of 0.52 acres in size. The Leeward
Bay Planned Unit Development (PUD) is a planned community that will consist of 6 single-
family townhouse lots and 2 common area lots. The development will be townhouse style,
walkable, and community oriented with residential lots having easy access to a common
area and units sharing a common parking lot. Additional information may be found in the
PUD documents.
Minimum
Dimensions
“RM-AT” District
Standards
“RS-TH” District
Standards
Proposed PUD
(TRC Reviewed) Deviation
Lot Area 5,000 sf. 1,600 sf. 1,100 sf. Yes
Minimum Lot
Width 50 ft. 16 ft. 27 ft. Yes
Street Yard 20 ft. 10 ft. 5 ft. Yes
Street Yard
(Corner) 10 ft. 10 ft. N/A Yes
Side Yard 5 ft. 0 ft. 0 ft. No
Rear Yard 5 ft. 5 ft. 5 ft. No
Parking
Requirement
1.5/ unit(1 bedroom)
2/ unit (2 bedroom)
1/5 units (guests)
1.5/ unit(1
bedroom)
2/ unit (2 bedroom)
1/5 units (guests)
1.5/ unit(1
bedroom)
2/ unit (2 bedroom)
1/5 units (guests)
No
Sidewalks 5 ft. both sides 5 ft. both sides 6 ft. on one side Yes
Curb Type 6 in. curb & gutter 6 in. curb & gutter 1’ Edge Curb Yes
Rental Time Under and over 30-
day rentals
Minimum 30-day
rentals
Daily, Monthly, and
Yearly rentals Yes
Existing Land Uses & Zoning: The subject property is currently zoned “RM-AT/IO”
Multifamily AT District with the Island Overlay and has remained undeveloped since
annexation in 1981. To the north, south, and east are townhouse and multifamily
developments zoned “RM-AT/IO” Multifamily AT District with the Island Overlay. To the
west is vacant a property zoned “CR-2/IO” Resort Commercial District with the Island
Overlay and several townhome style developments zoned “RM-AT/IO/PUD” Multifamily
AT District with the Island Overlay and a Planned Unit Development.
AICUZ: The subject property is not located in one of the Navy’s Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is platted.
Utilities:
Staff Report
Page 3
Water: 6-inch ACP line located along Leeward Drive.
Wastewater: 8-inch Clay line located along Leeward Drive.
Gas: 2-inch line located along Leeward Drive.
Storm Water: Curb inlet located 150 feet south along Leeward Drive
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Padre/Mustang Island Area Development Plan (ADP). The
proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay
and a Planned Unit Development is consistent with the adopted with the Padre/Mustang
Island ADP. The proposed rezoning is also consistent with the following policies of the
Comprehensive Plan:
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational needs,
and characteristics of each use (Future Land Use, Zoning, and Urban Design
Policy Statement 1).
• Encourage residential infill development on vacant lots within or adjacent to
existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy
Statement 3).
• Tourist-oriented business and development will continue to be encouraged and
promoted by all agencies of the City as illustrated on the Future Land Use Map.
This includes commercial ventures, condominiums and resorts, fishing and
outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2).
• The designation of “Mixed Use” in the Future Land Use Plan expresses the City’s
desire to mix residential and non-residential uses. (Policy Statement B.10).
• The City will pursue affordable housing projects on the island where the City and
a developer can reach agreement to provide lots at an affordable price, possibly in
combination with developer incentives pertaining to a reduction in lot size,
development fees, and or other design or tax incentives. The vehicle for pursuing
this type of development would be the City’s Planned Unit Development District in
combination with a developer agreement to assure low-income housing. (Mustang-
Padre Island Area Development Plan Policy Statement B.18)
Department Comments:
• The proposed rezoning is consistent with the Future Land Use Map. The proposed
rezoning is also compatible with neighboring properties and with the general character
of the surrounding area. This rezoning does not have a negative impact upon the
surrounding neighborhood.
• Surrounding properties have been rezoned over the past decades indicating a pattern
towards high density residential townhouse and condominium development. The
zoning pattern is in line with a Plan CC policy statement of creating urban villages and
accommodating continuous growth.
• The proposed PUD will allow Daily Weekly, and Monthly rentals. The current “RM-
AT/IO” Multifamily AT District with the Island Overlay allows this use today.
• Infill development should be encouraged at this site. PUDs allow flexibility for
attractive, efficient design and can often reduce infrastructure installation and
maintenance costs to the city. PUDs can encourage development on difficult sites.
Additionally, PUDs are encouraged in the Mustang/Padre Island ADP.
Staff Report
Page 4
• As part of the rezoning process, all PUDs are reviewed by the Technical Review
Committee (TRC). Concerns were raised by members of the TRC in the following
areas.
o Consistency with the Unified Development Code (UDC).
• Specifically, in installation of sidewalks Leeward Drive.
o Location of Solid Waste
Due to the small size of the townhouse style PUD (6 units) individual
trashcan service will be mandatory. The placement of these cans need
to be easily accessible from Leeward by a standard Solid Waste
vehicle.
o Even though the ROW width is 24 feet, but did not create concern, as the lot
depth and townhouse placement would not require fire apparatus to enter the
property.
Planning Commission and Staff Recommendation (May 26, 2021):
Approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with the
Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and
a Planned Unit Development Overlay with the following conditions:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance with Leeward Bay Planned Unit Development
(PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review
Committee (TRC) requirements.
2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject
property shared with Leeward Drive in accordance with the Unified Development Code
(UDC).
3. Solid Waste: The solid waste collection point must be easily accessible by City
personnel from Leeward Drive by a solid waste vehicle.
4. Landscape: The vehicular use area shall be screened by landscaping in accordance
with Section 7.3.11 of the UDC. This may require the removal of parking spaces along
Leeward Drive to incorporate landscaping and navigability.
5. Other Requirements: The conditions listed herein do not preclude compliance with
other applicable UDC and Building and Fire Code Requirements.
6. Time Limit: An approved development plan shall expire 24 months after the date that
the development plan was approved, unless a complete building permit application
has been submitted or, if no building permit is required, a certificate of occupancy has
been issued.
Staff Report
Page 5
Public Notification Number of Notices Mailed – 136 within 200-foot notification area
5 outside notification area
UAs of May 17, 2021U:
In Favor – 0 inside notification area
– 0 outside notification area
In Opposition – 0 inside notification area
– 0 outside notification area
Totaling 0.00% of the land within the 200-foot notification area in opposition.
*Created by calculating the area of land immediately adjoining the subject property and
extending 200-foot therefrom. The opposition is totaled by the total area of land that
each individual property owner owns converted into a percentage of the total 200-foot
notification area. Notified property owner’s land in square feet / Total square footage of
all property in the notification area = Percentage of public opposition.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Planned Unit Development (PUD) Guidelines and Master Site Plan
C. Public Comments Received (if any)
Staff Report
Page 6
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 2
CONTENTS
DEVELOPMENT DESCRIPTION ................................................................................................................................... 3
DEVELOPMENT LOCATION MAP ............................................................................................................................... 3
ADJACENT LAND USE AND ZONING ........................................................................................................................... 3
LOT LAYOUT .......................................................................................................................................................... 4
DEVELOPMENT DEVIATIONS .................................................................................................................................... 5
DEVELOPMENT GUIDELINES ..................................................................................................................................... 5
OPEN SPACE LAYOUT .............................................................................................................................................. 7
VEHICULAR AND PEDESTRIAN ACCESS ....................................................................................................................... 8
PARKING REQUIREMENTS ........................................................................................................................................ 8
TYPICAL CROSS SECTION ......................................................................................................................................... 9
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 3
DEVELOPMENT DESCRIPTION
Leeward Bay, P.U.D., consists of a residential development on 0.52 acres on Padre Island (Lot 19, Block 46,
Padre Island-Corpus Christi Section B, of Volume 34, Pages 15 - 16 M.R.N.C.T.). The development is a
planned community that will consist of 6 single-family lots and 2 common area lots. The property currently is
vacant land and zoned Multifamily Apartment Tourist/Island Overlay (RM-AT/IO). The City of Corpus Christi
Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-AT/IO/PUD. The proposed
density will be 12 units per acre.
DEVELOPMENT LOCATION MAP
ADJACENT LAND USE AND ZONING
The following table indicates the Adjacent Land Use and Zoning at the time of the PUD:
CURRENT LAND USE ZONING
North of Property High Density Residential (Condominiums) RM-AT/IO
South of Property High Density Residential (Townhouse) RM-AT/IO
East of Property Hotel RM-AT/IO
West of Property Vacant CR-2/IO
Development Location Park Rd. 22 N
Bing Maps Imagery Year: 2020
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 4
LOT LAYOUT
The following is the Lot Layout for the development:
· 6 SINGLE-FAMILY LOTS
· 2 COMMON AREA LOTS (LOT 7 IS NON-BUILDABLE)
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 5
DEVELOPMENT DEVIATIONS
The following table indicates the Development Deviations for the Residential Lots:
DESCRIPTION UDC- ZONING/PLATTING ORDINANCE
REQUIREMENTS (RM-AT) PUD REQUIREMENTS
Lot Area in Square Feet Minimum = 5,000
Maximum = N/A
Minimum = 1,100
Maximum = N/A
Lot Width at Front Yard
Requirement Line in Feet
Minimum = 50’
Maximum = N/A
Minimum = 27’
Maximum = N/A
Right-of-way / Access Easement 50 feet Minimum = 24 feet
Pavement Width in Feet Minimum = 28’ Minimum = 24’ Yard Requirements (Minimum in Feet) Street – Non-Corner 20’ 5’
Street – Corner 10’ N/A
Side – Single 5’ 0
Side – Total 0 0
Rear 5’ 5’
Open Space 25% 25%
Curb Type Standard 6” Curb and Gutter 1’ Edge Curb
Sidewalk 5’ width on both sides 6’ sidewalk on one side of
private access drive
Parking Spaces 2 per Unit = 10 2 per Unit = 10
Parking Guest Spaces 1 per 5 Units = 2 1 per 5 Units = 2
The following table indicates the Development Deviations for the Common Area Lots:
DESCRIPTION UDC- OPEN AREA PUD REQUIREMENTS
Parking requirement per Parks and
Open Area in Square Feet 1 per 10,000 SF outdoor lot area = 1 1 per 10,000 SF* = 1
* – The development is designed to be walkable and the common areas are intended for the residences only.
DEVELOPMENT GUIDELINES
The following tables indicate the Development Guidelines for each lot type within the development: DEVELOPMENT LOTS DESCRIPTION BLOCK NUMBER LOT NUMBERS
Residential Lot(s) 1 1-6
Common Area and Access Easement Lot(s) 1 7-8
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 6
RESIDENTIAL LOTS DESCRIPTION REQUIREMENTS
Usage Residential
Open Space- Percent Minimum 25%
Building Height – Maximum in Feet UDC 4.2.8
Building Spacing – Minimum in Feet 0
Parking Requirement Per Unit 2
Maintenance Lot Owner and/or Home Owners Association (HOA)
Improvements Allowed Residential structure(s) and support structure(s) including decks,
porches, pavements, fencing, landscaping, etc.
Improvements Placement
Shall not protrude into the yard or easement(s), or beyond the
property line (whichever is applicable) except for pavements,
fencing, and landscaping.
Rental Daily, weekly, and monthly rentals are allowed
COMMON AREA LOTS DESCRIPTION REQUIREMENTS
Usage Non-Residential Structures and improvements
supporting the Community
Lot Area in Square Feet Minimum = N/A Maximum = N/A
Lot Width at Front in Feet Minimum = N/A Maximum = N/A Yard Requirements (Minimum in Feet) Street – Non-Corner 5’ *
Street – Corner N/A
Side – Single 5’
Side – Total 5’
Rear 5’
Building Height – Maximum in Feet 2-story
Building Spacing – Minimum in Feet As per International Building Code
Landscape Requirement Will be determined during building permitting.
Maintenance Home Owners Association (HOA)
Improvements Allowed Community structures and support structures including decks,
pool, porches, pavements, fencing, landscaping, utilities, etc.
Improvements Placement
Shall not protrude into the yard or easement(s), or beyond the
property line (whichever is applicable) except for pavements,
fencing, landscaping, utilities.
* – Yard requirement is for Block 1, Lot 8 only.
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 7
OPEN SPACE LAYOUT
The following is the Open Space Layout for the development:
OPEN SPACE CALCULATION
QUANTITY
(SQUARE FEET)
QUANTITY
(ACRE)
Total Area of PUD 22,500 0.52
Total Non-Open Space (Impervious Area) 1,2,3 15,202 0.35 67%
Total Open Space (Pervious Area) 4 7,298 0.17 33%
1 Constructed building area
2 Driveway area
3 Area of all Pavement and Sidewalk
4 Minimum Open Space required is 25%
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 8
VEHICULAR AND PEDESTRIAN ACCESS
The Vehicular and Pedestrian Access for the development is indicated below. The entrance into the development will
provide a 24-foot clear entrance/exit for emergency vehicles. The private drive within the development will be a
minimum of 24’ wide from back-of-curb to back-of-curb. The development will provide 6’ sidewalk on one side of the
road to promote walkability and access to future amenities as indicated.
PARKING REQUIREMENTS
The following is the Parking Requirements for the development:
LOT TYPE REQUIREMENTS
QUANTITY OF
LOTS
QUANTITY OF PARKING
PROVIDED (PUD)
Residential 1 2 per unit 6 13
Residential - Guest Parking 1 1 per 5 units 6 3
Common Area 1 per 10,000 SF 1 1
Total: 17
1 – Parking anywhere within the limits of the development.
LEEWARD BAY PLANNED UNIT DEVELOPMENT (PUD) Page 9
TYPICAL CROSS SECTION
The following are Typical Cross Section for the development:
NOTE: The Right of Way is a Private Access Easement and Private Utility Easement.
Cross Section A
E SSE SSE SSE SSE SS17 @ 9' = 153'-0"24'-0" 9'-0"E WE WE WE WE WLEEWARD DRIVE (100' R.O.W.)PROPOSED TAPPING SADDLE (6"
BY 6"). PUBLIC WATER METER
BANK - 8 METERS OF 3 /4" ON A 2"
TAP (6 UNITS, 1 IRRIGATION & 1
POOL HOUSE/BATHROOM)
EXISTING FIRE
HYDRANT
PROPOSED ROAD REPAIR
IF NECESSARY (2' WIDE)
DUMPSTER
AREA
PROPOSED SS
CLEANOUT (PRIVATE)PROPOSED 6" PVC SS
(PRIVATE) @ 0.50%
PROPOSED SS
MANHOLE (PUBLIC)
R=10'
PROPOSED TRANSITIONAL
CURB
EXISTING 6" WATER (ACP)
PROPOSED 1' EDGE CURB'
6' SIDEWALK
PERGOLA AREA
EXISTING OVERHEAD
ELECTRICAL LINE
EXISTING 8"
WASTEWATER (CLAY)
POOL
AREA
1
1,632 SFT
3
1,377 SFT
4
1,377 SFT
5
1,377 SFT
8
5,800 SFT
2
1,377 SFT
7
8,183 SFT
6
1,377 SFT
5' YR
10' YR/UE (PRIVATE)5' YR/UE5' YR5' YR
5' YR/UE (PRIVATE)
1
292' HOSE LAY
INTERIM REVIEW
NOT FOR CONSTRUCTION,
BIDDING OR PERMIT
PURPOSES
DATE:
LIC:
Craig B. Thompson, P.E.
89496
04/14/2021
Corpus Christi, Texas 78411Hanson Professional Services Inc.4501 Gollihar Rd.OF SHEETAPR 14, 2021 8:40 AM TORRE02031I:\20JOBS\20I0214\CAD\SITE\MODEL\PUD\MASTER SITE PLAN.DWGREVREVISIONDATEDRAWNDESIGNEDREVIEWEDCopyright Hanson Professional Services Inc. 2021TBPE F-417 / TBPLS F-10039500SCALE: AS SHOWNDATE: APRIL 14, 2021HANSON NO. 20I0214FILENAME:LAYOUTDRAWNREVIEWEDTBPG F-50556 / TBAE F-BR 24581 TERRY COXMTGMTGCBTEXISTING FIRE HYDRANT
LEGEND
PROPERTY BOUNDARY LINE
UTILITY EASEMENT - UE
YARD REQUIREMENT - YR
IRON ROD FOUND
ROAD CENTERLINE - ℄
BLOCK SYMBOL1
MAP RECORDSM.R.
IRON ROD SET
PROPERTY LOT LINE
EXISTING WATERE W
E SS EXISTING WASTE WATER
EXISTING OVERHEAD ELECTRIC
PROPOSED ROAD REPAIR
FIRE HYDRANT HOSE LAY
PROPOSED GRASS AREA
PROPOSED CONCRETE
PROPOSED EDGE CURB
PROPOSED WATER
PROPOSED BUILDING APPROX. LOCATION
PROPOSED SANITARY SEWER (PRIVATE)
PROPOSED SANITARY SEWER CLEANOUT (PRIVATE)
PROPOSED SANITARY SEWER SINGLE SERVICE CONNECTION
PROPOSED SANITARY SEWER DOUBLE SERVICE CONNECTION
PROPOSED WASTE WATER MANHOLE (PUBLIC)
N
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LEEWARD BAY, P.U.D.CORPUS CHRISTI, TEXAS1 MASTER SITE PLANC-1MASTER SITE PLAN
Terry J. Cox
Rezoning for a Property at 15022 Leeward Drive
From “RM-AT/IO”To “RM-AT/IO/PUD”
Zoning Case #0521-02
N
City Council
June 29, 2021
2
Aerial Overview
N
3
Zoning Pattern and Adjacent Development
N
4
Public Notification
136 Notices mailed inside 200’ buffer
5 Notices mailed outside 200’ buffer
Notification Area
Opposed: 0 (0.00%)
In Favor: 0
Notified property owner’s land in square feet
/ Total square footage of all property in the
notification area =
Percentage of public opposition
Separate Opposed Owners:
N
5
PUD Deviations
Minimum
Dimensions
“RM-AT” District
Standards
“RS-TH” District
Standards
Proposed PUD
(TRC Reviewed)Deviation
Lot Area 5,000 sf.1,600 sf.1,100 ft.Yes
Minimum Lot
Width 50 ft.16 ft.27 ft.Yes
Front Yard 20 ft.10 ft.5 ft.Yes
Front Yard
(Corner)10 ft.10 ft.N/A Yes
Side Yard 5 ft.0 ft.0 ft.No
Rear Yard 5 ft.5 ft.5 ft.No
Parking
Requirement
1.5/ unit(1 bedroom)
2/ unit (2 bedroom)
1/5 units (guests)
1.5/ unit(1 bedroom)
2/ unit (2 bedroom)
1/5 units (guests)
Com: 1:250 sf
1.5/ unit(1
bedroom)
2/ unit (2
bedroom)
1/5 units (guests)
No
6
PUD Deviations cont.
Minimum
Dimensions
“RM-AT” District
Standards
“RS-TH” District
Standards
Proposed PUD
(TRC Reviewed)Deviation
Sidewalks 5 ft. both sides 5 ft. both sides 6 ft. on one side Yes
Curb Type 6 in. curb & gutter 6 in. curb & gutter 1 ft. edge curb Yes
Rental Time Under and over 30-day
rentals Minimum 30-day rentals Daily, Monthly, and
Yearly rentals Yes
Equivalent UDC Local Street
Design Standard:
UDC Table 8.2.1B, Local Street
Type: L-1E
7
Master Site Plan
8
Planning Commission
and Staff Recommendation
Approval with conditions:
1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the
Property in accordance with The Portside Planned Unit Development (PUD) Guidelines and
Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements.
2.Pedestrian Access: A sidewalk shall be provided along the frontage of the subject property
facing Leeward Drive in accordance with the Unified Development Code (UDC).
3.Solid Waste:The solid waste collection point must be easily accessible by city personnel from
Leeward Drive by a solid waste vehicle.
4.Landscape: The vehicular use area shall be screened by landscaping in accordance with
Section 7.3.11 of the UDC. This may require the removal of parking spaces along Leeward
Drive to incorporate landscaping and navigability.
5.Other Requirements:The conditions listed herein do not preclude compliance with other
applicable UDC and Building and Fire Code Requirements.
6.Time Limit: An approved development plan shall expire 12 months after the date that the
development plan was approved, unless a complete building permit application has been
submitted or, if no building permit is required, a certificate of occupancy has been issued.
9
Existing Land Use Future Land Use
Vacant TransportationCommercialMixed Use
Land Use
N
Med. Density
Residential
10
UDC Requirements
Buffer Yards:
RM-AT/PUD to RM-AT: N/A.
Setbacks:
Street: 20 feet
Side: 5 feet
Rear: 5 feet
Parking:
2 per unit
Landscaping, Screening, and Lighting
Standards
Uses Allowed: Townhouse, Multifamily,
Cottage Housing, Group Living,
Medical, Park, and Overnight
Accommodations.
N
11
Utilities
Water:
6-inch ACP
Wastewater:
8-inch clay line
Gas:
2-inch line
Storm Water:
Roadside Inlet
(150’ South)
N
DATE: May 21, 2021
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
CAPTION:
Zoning Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance rezoning property at or near
6097 Ennis Joslin Road from the “RS-10” Single-Family 10 District to the “ON” Neighborhood
Office District.
SUMMARY:
The purpose of the rezoning request is to allow for the construction of a 3,000 square foot single-
story office building.
BACKGROUND AND FINDINGS:
The subject property totals 0.40 acres in size and is currently zoned “RS-10” Single-Family 10
District, consists of vacant property, and has remained since annexation in 1944. To the north is
a property recently rezoned to the “ON” Neighborhood Office District, vacant properties, and the
Lee Alumni Center for Texas A&M University-Corpus Christi zoned “RS-10” Single-Family 10
District. To the south are single-family residences zoned “RS-10” Single-Family 10 District. To the
east are wetland properties zoned “RS-6” Single-Family 6 District. To the west, across Ennis
Joslin Road, are single-family residences zoned “RS-10” Single-Family 10 District.
Conformity to City Policy
The subject property is located within the boundaries of the Midtown Area Development Plan and
is planned for a low density residential use and warrants a change to the Future Land Use map.
The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible
with the adjoining properties, and does not have a negative impact upon adjacent properties. The
adjacent properties consist of a vacant lot recently rezoned to the “ON” Neighborhood Office
District and to the south and single-family homes. Adjacent properties further to the north consist
of the Texas A&M University-Corpus Christi (TAMU-CC) alumni center, a retail shopping center,
and a convenience store. The subject property is located along the east side of Ennis Joslin Road
at the intersection with Ebonwood Avenue. The intersection is not traffic controlled and is between
the intersection of Ocean Drive and South Alameda Streets. If the “ON” Neighborhood Office
District is a transitional district and limits the size of retail and restaurant uses. Additionally, the
Rezoning a property at or near 6097 Ennis Joslin Road
AGENDA MEMORANDUM
Public Hearing & First Reading Ordinance for the City Council Meeting 06/29/21
Second Reading Ordinance for the City Council Meeting 07/20/21
“ON” Neighborhood Office does not allow bars, pubs, taverns, or nightclubs.
Public Input Process
Number of Notices Mailed
13 within 200-foot notification area
4 outside notification area
As of May 28, 2021:
In Favor
0 inside notification area
0 outside notification area
In Opposition
1 inside notification area
0 outside notification area
Totaling 4.44% of the 200-foot notification area* is in opposition.
*Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is
totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200 -foot notification
area.
Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition
ALTERNATIVES:
1. Denial of the zoning to the “RS-10” Single-Family 10 District to the “ON” Neighborhood
Office District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Planning Commission recommended approval of the zoning to the “RS-10” Single-Family 10
District to the “ON” Neighborhood Office District on May 26, 2021.
Vote Count:
For: 8
Opposed: 0
Absent: 1
Abstained: 0
Staff recommends approval of the zoning request.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Case No. 0521-03, Nicholas Hallick: (District 4) Ordinance rezoning property at or
near 6097 Ennis Joslin Road from the “RS-10” Single-Family 10 District to the “ON”
Neighborhood Office District
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as Lot 9, Block 2, Edgewater Terrace, as shown in Exhibit “A”:
from the “RS-10” Single-Family 10 District to the “ON” Neighborhood Office District
The subject property is located at or near 6097 Ennis Joslin Road. Exhibit A, which is a
map of the subject property attached to and incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1, 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
Page 2 of 4
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 3 of 4
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
Page 4 of 4
Exhibit A
PLANNING COMMISSION FINAL REPORT
Case No. 0521-03
INFOR No. 21ZN1015
Planning Commission Hearing Date: May 26, 2021 Applicant & Legal Description Owner: Nicholas Hallick
Applicant: 3Pop, LLC.
Location Address: 6097 Ennis Joslin Road
Legal Description: Lot 9, Block 2, Edgewater Terrace, located along the east
side of Ennis Joslin Road, south of Ocean Drive, and north of South Alameda
Street. Zoning Request From: “RS-10” Single-Family 10 District
To: “ON” Neighborhood Office District
Area: 0.40 acres
Purpose of Request: To allow for the construction of a 3,000 square foot
single-story office building. Existing Zoning and Land Uses Existing Zoning District Existing
Land Use
Future
Land Use
Site “RS-10” Single-Family 10
District Vacant Low Density
Residential
North “ON” Neighborhood Office
District Vacant Low Density
Residential
South “RS-10” Single-Family 10
District
Low Density
Residential
Low Density
Residential
East “RS-6” Single-Family 6 Conservation /
Preservation
Permanent
Open Space
West “RS-10” Single-Family 10 Low Density
Residential
Low and Medium
Density
Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries
of the Midtown Area Development Plan and is planned for a low-density
residential use. The proposed rezoning to the “ON” Neighborhood Office District
is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an
amendment to the Future Land Use Map.
City Council District: 4
Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 100
feet of street frontage along Ennis Joslin Road which is designated as a “A2”
Secondary Arterial Street. According to the Urban Transportation Plan, “A2”
Secondary Arterial Streets can convey a capacity between 20,000 and 32,000
Average Daily Trips (ADT).
Staff Report
Page 2
Street R.O.W. Street Urban Transportation
Plan Type
Proposed
Section
Existing
Section
Traffic
Volume
Ennis Joslin
Road “A2” Secondary Arterial 100’ ROW
54’ paved
100’ ROW
67’ paved
25,489
ADT
(2015)
Staff Summary:
Development Plan: The subject property is 0.40 acres in size. The applicant is proposing
a 3,000 square foot single-story office building. The office will serve as the new location
of State Farm Insurance agent Jessica Kelly. The insurance office will occupy 1,200
square feet of the propose building. Two 900 square foot office tenant spaces will also be
located within the building. All units will have office hours of 8:00 am to 6:00 pm.
Existing Land Uses & Zoning: The subject property is currently zoned “RS-10” Single-
Family 10 District, consists of vacant land, and has remained since annexation in 1944.
To the north is a property recently rezoned to the “ON” Neighborhood Office District,
vacant properties, and the Lee Alumni Center for Texas A&M University-Corpus Christi
zoned “RS-10” Single-Family 10 District. To the south are single-family residences zoned
“RS-10” Single-Family 10 District. To the east are wetland properties zoned “RS-6”
Single-Family 6 District. To the west, across Ennis Joslin Road, are single-family
residences zoned “RS-10” Single-Family 10 District.
AICUZ: The subject property is not located in one of the Navy’s Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is platted.
Utilities:
Water: 12-inch ACP line located along Ennis Joslin Road.
Wastewater: 16-inch PVC line located along Ennis Joslin Road.
Gas: 6-inch Service Line located along Ennis Joslin Road.
Storm Water: Road inlets located along Ennis Joslin Road.
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Midtown Area Development Plan and is planned for a low density
residential use. The proposed rezoning to the “ON” Neighborhood Office District is
consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment
to the Future Land Use Map. The following policies should be considered:
• Encourage orderly growth of new residential, commercial, and industrial areas
(Future Land Use, Zoning, and Urban Design Policy Statement 1).
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational
needs, and characteristics of each use (Future Land Use, Zoning, and Urban
Design Policy Statement 1).
Staff Report
Page 3
• Promote interconnected neighborhoods with appropriate transitions between
lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and
Urban Design Policy Statement 3).
Department Comments:
• The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining properties, and does not have a negative impact upon
adjacent properties. The adjacent properties consist of a vacant lot recently rezoned
to the “ON” Neighborhood Office District and to the south and single-family homes.
Adjacent properties further to the north consist of the Texas A&M University-Corpus
Christi (TAMU-CC) alumni center, a retail shopping center, and a convenience store.
• The subject property is located along the east side of Ennis Joslin Road at the
intersection with Ebonwood Avenue. The intersection is not traffic controlled and is
between the intersection of Ocean Drive and South Alameda Streets.
• If the “ON” Neighborhood Office District is a transitional district and limits the size of
retail and restaurant uses. Additionally, the “ON” Neighborhood Office does not allow
bars, pubs, taverns, or nightclubs.
Planning Commission and Staff Recommendation (May 26, 2021):
Approval of the change of zoning from the “RS-10” Single-Family 10 District to the “ON”
Neighborhood Office District.
Public Notification Number of Notices Mailed – 13 within 200-foot notification area
4 outside notification area
As of May 21, 2021:
In Favor – 0 inside notification area
– 0 outside notification area
In Opposition – 1 inside notification area
– 0 outside notification area
Totaling 4.44% of the land within the 200-foot notification area in opposition.
*Created by calculating the area of land immediately adjoining the subject
property and extending 200-foot therefrom. The opposition is totaled by the total
area of land that each individual property owner owns converted into a
percentage of the total 200-foot notification area. Notified property owner’s land
in square feet / Total square footage of all property in the notification area =
Percentage of public opposition
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
Staff Report
Page 4
Nicholas Hallick
Rezoning for a Property at 6097 Ennis Joslin Road
From “RS-10” To “ON”
N
City Council
June 29, 2021
Zoning Case #0521-03
N
2
Aerial Overview
N
3
Zoning Pattern and Adjacent Development
N
4
Public Notification
13 Notices mailed inside 200’ buffer
4 Notices mailed outside 200’ buffer
Notification Area
Opposed: 1 (4.44%)
In Favor: 0
Notified property owner’s land in square
feet / Total square footage of all property in
the notification area =
Percentage of public opposition
Separate Opposed Owners: 0 X
N
5
Planning Commission
and Staff Recommendation
Approval of the
“ON” Neighborhood Office District
DATE: May 25, 2021
TO: Mayor and Council
FROM: Rebecca Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
CAPTION:
Ordinance revising Marina Advisory Committee membership to all at-large members.
SUMMARY:
The proposed ordinance would modify the composition of the Marina Advisory Committee to eliminate
member categories and replace with all at-large members. At-large members would provide more
flexibility in terms of recruitment and are a best practice among other cities with marina advisory
committees.
BACKGROUND AND FINDINGS:
The Marina Advisory Committee was created in 2007. The committee’s duties are to advise and make
recommendations regarding development, use, or preservation of the marina, including the following:
(1) Assist the city council in providing for the orderly, planned development and use of the
marina.
(2) Review the annual and capital improvement budgets regarding the improvement and
maintenance of the facilities upon the marina.
(3) Review and recommend to the city council the feasibility of development, improvements,
maintenance or proposed uses for the marina.
The committee has nine members and is structured as follows: 5 – at large members and 1 or more of
the following preferred but not required categories scientist, i.e., marine biologist; engineer;
environmentalist, and employee or affiliate of restaurant located within the boundaries of the Corpus
Christi Downtown Management District.
Ordinance revising Marina Advisory Committee membership to all at-large members.
AGENDA MEMORANDUM
First Reading for the City Council Meeting of July 13, 2021
Second Reading for the City Council Meeting of July 20, 2021
At Mayor Guajardo’s request, the City Secretary’s Office compared the composition and duties of Corpus
Christi’s Marina Advisory Committee with committees in other cities as follows: Port Aransas, TX; Vallejo,
CA; Long Beach, CA; Fernandina Beach, FL; and Oak Harbor, WA. Overall, the committees shared
similar duties. Corpus Christi’s committee structure, however, was an outlier in terms of having specific
categories. Most of the committees reviewed were comprised solely of at-large members. None of the
other committees included a scientist, engineer, environmentalist, or restaurant owner.
ALTERNATIVES:
The Council could choose to retain the current composition.
FISCAL IMPACT: None
RECOMMENDATION:
Approval of the ordinance.
SUPPORTING DOCUMENTS:
Ordinance
ORDINANCE REVISING MARINA ADVISORY COMMITTEE MEMBERSHIP TO ALL
AT-LARGE/GENERAL CATEGORY MEMBERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Code of Ordinances, Chapter 2, Article IV, Division 25
regarding the Marina Advisory Committee is revised to replace preferred categories with
all at-large/general category membership as follows:
Sec. 2-260. Created; membership; terms; filling vacancies.
(a) There is hereby created the marina advisory committee. The committee shall be
composed of nine (9) at-large/general category members appointed by the city
council. Membership in one (1) or more of the following categories is preferred but
not required: scientist, i.e., marine biologist; engineer; environmentalist, and
employee or affiliate of restaurant located within the boundaries of the Corpus Christi
Downtown Management District.
(b) Reserved.
(c) In the succeeding term, five (5) members shall serve a two-year term and four (4)
members a one-year term, as determined by drawing. Thereafter, all terms shall be
two (2) years.
(d) Whenever a vacancy occurs during a term, appointments to fill a vacancy shall be to
fill the unexpired term.
(e) The chairperson of the marina advisory committee shall act as an advisor to the parks
and recreation advisory committee and vice versa.
(Ord. No. 027408, § 2, 9-11-2007; Ord. No. 030604, § 1, 9-8-2015; Ord. No. 032058, §
9, 3-17-2020)
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: June 9, 2021
TO: Peter Zanoni, City Manager
FROM: Tammy Embrey, Director, Intergovernmental Relations
tammye@cctexas.com
361.826.3622
Bill Mahaffey, Director Gas Operations
Billm@cctexas.com
361-826-1801
CAPTION:
Ordinance accepting and appropriating $901,952 grant from the Office of the Governor from the Texas
Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) in the
1072 Community Development Grant Fund for Naval Air Station Corpus Christi (NASCC) gas distribution
system improvements; appropriating $242,818 from the Texas Military Preparedness Commission CIP
Fund 3543 as a City match; amending the FY 2021 Capital Budget to add DEAAG NASCC Gas Line
Replacement project; and amending the FY 2021 Budget to increase revenues and expenditures by
$1,144,770.
SUMMARY:
To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the State of
Texas requires award recipients to sign Grant Agreements identifying the responsibilities of the recipient
and the State. An appropriation of $242,818 will be made from the Texas Military Preparedness
Commission fund 3543 to fund the city’s match for the project. Reimbursement grant funds will be
deposited into 1072-Community Development Grant Fund for the NASCC Natural Gas System
Replacement Project. The City FY 2020-2021 Budget will be amended to increase revenues and
expenditures by $1,144,770 and the DEAAG NASCC Gas Line Replacement project will be added to the
City’s FY2020-2021 CIP budget.
BACKGROUND AND FINDINGS:
On February 4, 2021 the City of Corpus Christi was awarded a grant from the State of Texas totaling
Acceptance of 2021 Texas Defense Economic Adjustment Assistance Grant Program
for Replacement of Natural Gas System at NASCC
AGENDA MEMORANDUM
First Reading for Ordinance for the City Council Meeting of June 29,2021
Second Reading for Ordinance for the City Council Meeting of July 20, 2021
$901,952 to replace the failing and deteriorating natural gas system at NASCC. The governor awarded
$16.3 Million in grants to 6 communities in this round of DEAAG funding. The Texas Legislature
appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC)
Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have
been impacted by a past or future Base Realignment and Closure action.
The Natural Gas Distribution System at NASCC in a state of severe deterioration after decades
of constant exposure to severe corrosive and erosive service environments. These system
failures and leakages have resulted in significant operational losses of often critical services that
subsequently required emergency repairs in order to restore and attempt to ensure both safety
and continued reliable operation of the primary high -pressure natural gas distribution system.
These failing high-pressure service lines are the backbone of Naval Air Station Corpus Christi’s
(NASCC) entire natural gas distribution system. The base and its 40 tenants in approximately 75
buildings is one of the top five customers of the City’s natural gas utility. Currently, the base
accounts for approximately three to four percent of the natural gas consumed (127,827
MMBTU annually). Natural gas provides hot water, heat, humidity control, and is used as a
power source for some boiler units. For critical facilities such as the Navy’s Calibration Lab and
Air Traffic Control Tower, and other critical areas, maintaining 50 percent or less humidity is
required. Natural gas is used for major processes in many Corpus Christi Army Depot (CCAD)
areas such as the Plating Shop. Natural gas also provides hot water for sanitizatio n in multiple
facilities, including the Naval Health Clinic, Family Housing, and the Commissary. All food
services use natural gas for cooking.
In January 2019, NASCC Utilities and Energy Management Department requested the City of
Corpus Christi’s Gas Department to perform a leak detection survey of NASCC’s natural gas
facilities. The survey, completed in June 2019, identified numerous above- and below-ground
leaks in the 78-year-old system running throughout the base to buildings and hangars. The Navy
reported 25 major leaks in recent years, including 20 major leaks in 2019 resulting in emergency
repairs, threatening adverse impact to military industrial progress toward supplying helicopters
to warfighters.
Earlier in Summer 2020, the Navy demolished Hangar 41 and a gas line serving six remaining
hangars was damaged stopping service for a period. There is also a grave danger to the public
with flammable, natural gas emitting from the ground. Major failures in concert with an ignition
event could result in a catastrophic explosive or flammable event that could readily result in
catastrophic property damage as well as the incalculable losses due to serious injuries or even
loss of life. Imminent catastrophic failure of the system will paralyze missions affecting all
processes and tenants, including CCAD, Chief of Naval Air Training (CNATRA), Naval Health
Clinic, Defense Logistics Agency (DLA), NASCC Family Housing, and the Department of
Homeland Security (DHS).
Ultimately, when all main lines and service lines, valves, and other safety measures associated
with this project are completed, the Navy and City will begin exploring an intergovernmental
service agreement for the City’s Gas Department to take over the operation, maintenance and
repair of the base’s natural gas delivery system.
PROJECT COST LEVERAGE DOLLARS PERCENTAGE
DEAAG $ 901,952.00 46%
Federal $ 799,511.00 41%
CITY OF CORPUS CHRISTI $ 242,818 12%
ALTERNATIVES:
The council may choose not to approve the grant agreements and the TMPC will reallocate the funds to
other defense communities in Texas.
DEPARTMENTAL CLEARANCES:
Budget, City Manager, Gas Operations, Engineering, Finance, Legal
FISCAL IMPACT: Accepting the grant will provide $901,952 to complete NASCC Natural Gas System
Replacement Project. The City of Corpus Christi will provide a match of $242,818 which will cover
engineering services and grant administration for the project.
FUNDING DETAIL:
Fund: Texas Military Preparedness Commission Fund 3543
Organization/Activity: 21114-3543-EXP
Mission Element: 051
Project # (CIP Only): 21114 – DEAAG Gas Line Replacement
Account: 530010 – Interdepartmental-Services
Amount: $242,818
Fund: Community Development Grant Fund 1072
Organization/Activity: 870105S – DEAAG Natural Gas System
Mission Element: 888
Project # (CIP Only): 21114 – DEAAG Gas Line Replacement
Account: 550950 – Outside Consultant
Amount: $901,952
RECOMMENDATION:
Staff recommends approval of the grant agreement.
LIST OF SUPPORTING DOCUMENTS:
1. Ordinance
2. Award Letter for NASCC Gas Line Replacement Project
3. NASCC Gas Line Replacement Project Grant Agreement
4. Aerial View of Preliminary NASCC Gas System Replacement Plan
Ordinance accepting and appropriating $901,952 grant from the Office of the Governor
from the Texas Military Preparedness Commission’s Defense Economic Adjustment
Assistance Grant (DEAAG) in the 1072 Community Development Grant Fund for Naval Air
Station Corpus Christi (NASCC) gas distribution system improvements; appropriating
$242,818 from the Texas Military Preparedness Commission CIP Fund 3543 as a City
match; amending the FY 2021 Capital Budget to add DEAAG NASCC Gas Line
Replacement project; and amending the FY 2021 Budget to increase revenues and
expenditures by $1,144,770
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 of all documents necessary to
accept and appropriate a grant totaling $901,952 from the State of Texas Office of the Governor
from the Defense Economic Adjustment Assistance Grant (DEAAG) in 1072-Community
Development Grant Fund to be used to make improvements to the gas distribution system at
Naval Air Station Corpus Christi. A copy of the executed grant shall be filed in the office of the
City Secretary.
Section 2. That the City FY 2020-2021 Capital Improvement Budget adopted by Ordinance
032203 is amended to add the DEAAG NASCC Gas Line Replacement project.
Section 3. That $242,818 is appropriated from the Texas Military Preparedness Commission
CIP Fund 3543 as a City match for the project.
Section 4. That the FY 2021 Budget is amended to increase revenues and expenditures by
$1,144,770.
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
G OVE R NO R G R E G A B BOTT
POST OFFICE BOX 12428AUSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1FOR RELAY SERVICES
February 4, 2021
Mr. Peter Zanoni
City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Dear Mr. Zanoni:
I am pleased to announce that the Texas Military Preparedness Commission in my office voted to
award the City of Corpus Christi a Defense Economic Adjustment Assistance Grant in the amount of
$901,952.00 to update natural gas lines at Naval Air Station Corpus Christi.
The State of Texas places a high value on military installations and the defense communities that
support them. The 15 military installations in Texas, along with Army Futures Command, have over
a $123 billion impact on the Texas economy. We look forward to watching this project develop and
we will continue to support the U.S. Navy as an instrumental part of the military community in
Texas.
Please reply to this correspondence with a letter, sent to Keith Graf, Executive Director of the
TPMC, informing my office whether the City of Corpus Christi accepts or rejects the grant award.
If the City of Corpus Christi accepts the grant award, TPMC staff will work with your designated
point of contact to begin processing the grant award and executing an agreement detailing the
grant’s required terms and conditions.
Thank you for supporting your local military installation.
Sincerely,
Greg Abbott
Governor
GA:kgk
Page 1 of 30
AGREEMENT FOR THE
DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT
BETWEEN THE
OFFICE OF THE GOVERNOR,
TEXAS MILITARY PREPAREDNESS COMMISSION
AND
THE CITY OF CORPUS CHRISTI
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness
Commission, P.O. Box 12428, Austin, Texas 78711 (“OOG” or “Grantor”), and The City of
Corpus Christi (“Grantee”). The OOG and Grantee are referred to collectively as the “parties.”
The parties hereto have severally and collectively agreed and by the execution of this Agreement
are bound to the mutual obligations and to the performance and accomplishment of the tasks
described herein.
SECTION 1. PURPOSE. This Grant is awarded pursuant to Chapter 436 of the Texas
Government Code, which authorizes the OOG to administer the Defense Economic Adjustment
Assistance Grant (“DEAAG”) program. The DEAAG program provides state funds to defense
communities that have been or may be affected by a base realignment and closure action for the
purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and
the purchase or lease of equipment, including equipment for the training of defense workers.
SECTION 2. TERM OF AGREEMENT. The term of this Agreement shall begin on the date of
last signature below (“Effective Date”), and shall terminate on February 4, 2023, or upon the
completion of the grant project as described herein, whichever occurs first, unless terminated
earlier pursuant to Section 16 of this Agreement.
SECTION 3. PROJECT REQUIREMENTS. Consistent with Sections 436.202 and 436.203 of
the Texas Government Code, grant proceeds may be used for the purchase of property, new
construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital
equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain
defense workers. Subject to the requirements of applicable law and this Agreement, Grantee may
use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that
are directly allocable to the project described in Exhibit A (Grant Budget), Exhibit B (Grant
Narrative) of this Agreement, and Grantee’s DEAAG Grant Application (collectively, the “Grant
Project”).
SECTION 4. OBLIGATIONS OF THE OOG.
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4.1. The OOG shall reimburse Grantee for the actual, reasonable, and allowable costs incurred
by Grantee during the term of this Agreement, subject to the requirements and limitations set forth
in this Agreement. The OOG shall reimburse Grantee only for costs that are directly allocable to
the Grant Project as determined by the OOG, in its sole discretion, in accordance with Chapter 436
of the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4,
Subchapter B, Texas Administrative Code), this Agreement, and the Grant Budget, and in
conformity with the Uniform Grant Management Standards (the “UGMS”).
4.2. The OOG shall not be liable to Grantee for any costs incurred by Grantee that are not
strictly in accordance with the terms of this Agreement.
SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this
Agreement, the total of all grant reimbursement payments and other obligations incurred by the
OOG under the terms of this Agreement shall not exceed NINE HUNDRED AND ONE
THOUSAND, NINE HUNDRED AND FIFTY TWO DOLLARS AND NO CENTS,
($901,952.00). The parties stipulate and agree that any act, action or representation by either party,
their agents or employees that purport to increase the liability of the OOG is voidable by the OOG,
unless this Agreement is amended to increase the liability of the OOG.
SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT.
6.1. Grant funds may be used only for the actual, reasonable, and allowable costs incurred
during the term of this Agreement and that are directly allocable to the Grant Project. Grant funds
may not be used for the payment of taxes, overhead, debt repayment, indirect expenses, or
administrative expenses.
6.2. All grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of
this Agreement. Only costs that have been incurred and paid by Grantee are eligible for
reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee
or sub-grantee.
6.3. In no case shall the payments made to a Grantee exceed the actual, reasonable, and
allowable costs that are directly allocable to the Grant Project costs as identified in the Grant
Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement.
6.4. Pre-term costs incurred prior to the Effective Date of the Agreement are allowable only
with the written approval of the OOG and only to the extent that they would have been allowable
if they had been incurred after the date of the term of this Agreement.
6.5. All costs must be allowable in accordance with the purposes authorized by Chapter 436 of
the Texas Government Code, the DEAAG Administrative Rules (Title 1, Part 1, Chapter 4,
Subchapter B, Texas Administrative Code), this Agreement, the Grant Budget, and other
applicable law.
6.6. Grantee agrees to comply with all applicable state and federal laws, rules and regulations,
directives, guidelines, or any other authorities relevant to the performance of Grantee under this
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Agreement as they currently exist and as amended throughout the term of this Agreement. Grantee
agrees to comply with applicable laws, executive orders, regulations, and policies, as well as
Chapter 783 of the Texas Government Code and the UGMS or the successor to the UGMS. The
OOG reserves the right, in its sole discretion, to unilaterally amend this Agreement throughout the
term of this Agreement to incorporate any modifications necessary for the OOG’s compliance, as
an agency of the State of Texas, with all applicable state and federal laws, regulations,
requirements, and guidelines.
6.7. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in
Exhibit C.
SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. All of the following
conditions precedent must be met to the satisfaction of the OOG prior to any reimbursement
payments:
7.1. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the
actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs
described in the Grant Budget.
7.2. Before the OOG will make a reimbursement payment, Grantee must submit, and the OOG
must approve, a reimbursement request as set forth in Section 8 of this Agreement.
7.3. The OOG will not consider requests for the reimbursement of expenditures incurred by
Grantee after February 4, 2023. The total amount already disbursed plus the amount requested
shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement.
7.4. Grantee must be in compliance with all terms of this Agreement.
7.5. Grantee must have supplied to the OOG all reports, documentation, or other items that the
OOG requires or has requested.
SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS.
8.1. Requests for Reimbursement. Grantee’s reimbursement requests shall be submitted to
the OOG in the form and manner approved by the OOG, and shall specify the detailed and total
expenses for the reimbursement request (“Request for Reimbursement”). All Requests for
Reimbursement must be timely submitted to the OOG in accordance with the schedule and
requirements set forth in Section 8.5 of this Agreement.
Grantee’s Requests for Reimbursement and required documentation shall be submitted directly to:
tmpc@gov.texas.gov
Page 4 of 30
Or by mail to:
Office of the Governor
Texas Military Preparedness Commission
P.O. Box 12428
Austin, TX 78711
8.2. Required Documentation. Each Request for Reimbursement Grantee submits to the OOG
must include:
(1) the identification of the specific OOG Agreement;
(2) the Grantee’s federal tax identification number;
(3) the name and division of the OOG contact;
(4) a description of the services, costs, and/or expenses, and the dollar amount
attributable to each;
(5) the name of the entity or person providing the service and the cost(s) charged by
such entity or person;
(6) an itemization of charges with sufficient detail to permit the OOG to determine if
the costs are allowable; and
(7) documentation of proof of payment, as specified in Section 8.3.
Each item of expenditure shall be specifically attributed to the eligible Grant Project cost category
as identified in the Grant Budget. By submission of a Request for Reimbursement, Grantee is
warranting that (1) all invoices have been carefully reviewed to ensure that all invoiced services
or goods have been performed or delivered; (2) the services or goods have been performed or
delivered in compliance with all terms of this Agreement; (3) the amount of each new invoice
added together with all previous invoices does not exceed the Maximum Amount of Grant as stated
in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are
reasonable, necessary, and supported by included documentation.
8.3. Documentation of Proof of Payment. Requests for Reimbursement must include
documentation of proof of payment as evidence of actual expenditures. Acceptable proof of
payment includes, but is not necessarily limited to, a receipt or other documentation of a paid
invoice showing zero balance due, a monthly bank statement evidencing payment of the specific
expenditure, copies of endorsed/processed check, or a printed copy of an electronic payment
confirmation evidencing payment of the specific expenditure(s) to which the reimbursement
relates.
8.4. Right to Request Additional Documentation. Upon the request of the OOG, Grantee
must submit to the OOG any additional documentation or explanation the OOG may require to
support or document any requested payment under the Agreement.
8.5. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Request
for Reimbursement. Grantee must submit Requests for Reimbursement and all supporting
documentation to the OOG in an accurate and timely manner. Unless the OOG provides written
authorization providing additional time as set forth below, Grantee must submit quarterly Requests
Page 5 of 30
for Reimbursement to the OOG that cover the previous quarter’s expenses on or before the
twentieth (20th) day after the end of each quarter. Quarterly Requests for Reimbursement are due:
(1) First quarter – December 20;
(2) Second Quarter – March 20;
(3) Third Quarter – June 20; and
(4) Fourth Quarter – September 20.
The OOG may, in its sole discretion, provide written authorization to Grantee that provides
Grantee additional time to submit a specified quarterly Request for Reimbursement upon a finding
by the OOG that extraordinary circumstances support the additional time. The amount of
additional time provided to Grantee shall be specified in the OOG’s written authorization.
Grantee must submit a final Request for Reimbursement on or before the forty-fifth (45th) calendar
day after termination of this Agreement.
The OOG will make all reasonable efforts to promptly process and make payments on
properly-completed Requests for Reimbursement.
8.6. Final Deadline for Reimbursement Requests. All Requests for Reimbursement must be
received by the OOG no later than forty-five (45) calendar days after termination of this
Agreement. An Agreement amendment must be executed by the OOG and Grantee in order to
extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and
subject to the availability of appropriated funds.
SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if
Grantee anticipates altering the scope of the Grant Project, adding funds to previously un-awarded
budget items or categories, changing funds in any awarded budget items or category by more than
10% of the annual budget, or adding new line items to any awarded budget category.
SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE
UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise
encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment
purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee
shall maintain a current inventory of all equipment, which shall be available to the OOG at all
times upon request. The equipment inventory must include the following: a description of the
equipment; a serial number or other identification number; the acquisition date, cost, location, use,
and condition of the equipment; and any ultimate disposition data. Title for equipment shall remain
with Grantee, and Grantee shall maintain, repair, and protect all equipment purchased in whole or
in part with grant funds so as to ensure the full availability and usefulness of such equipment. In
the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of,
destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the
proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and
disposal of equipment shall be in conformity with the UGMS.
Page 6 of 30
SECTION 11. REPORTING REQUIREMENTS.
11.1. Until Grantee has submitted a Project Completion Report to the OOG, Grantee shall submit
a Quarterly Project Status Report to the OOG, using the form attached hereto as Exhibit D, no later
than twenty (20) calendar days after the end of each quarter. Quarterly reports are due:
(1) First quarter – December 20;
(2) Second Quarter – March 20;
(3) Third Quarter – June 20; and
(4) Fourth Quarter – September 20.
The OOG may, at its sole discretion and upon a finding by OOG that extraordinary circumstances
support the additional time, provide written authorization to Grantee that provides Grantee a
specified amount of additional time to submit a specified Quarterly Project Status report.
11.2. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case
more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee
shall submit to the OOG a Project Completion Report, using the form attached hereto as Exhibit E,
describing all activities performed under this Agreement. Grantee shall provide to the OOG a
Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased
pursuant to this Agreement.
11.3. No later than sixty (60) calendar days after the date on which Grantee submits Grantee’s
Project Completion Report to the OOG, Grantee shall provide to the OOG a DEAAG Project
Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must
contain information concerning jobs generated and retained, and individuals trained as a result of
the Grant Project. For purposes of this Agreement, job creation, retention, and training rates may
be evidenced by satisfactory documentation, such as copies of payroll documents, human resource
documents, or training enrollment records.
11.4. Grantee shall provide to the OOG additional information regarding the status of the Grant
Project at any time upon request from the OOG.
11.5. Grantee shall cooperate with OOG and provide all requested assistance to the OOG in
connection with the preparation of any reports required to be made by the OOG to the Texas
Legislature or any relevant governmental entity regarding Grantee, the Grant, the Grant Project,
or the Grant Application.
11.6. All reports provided to the OOG must be signed by the duly authorized representative of
Grantee.
11.7. If after a written request by the OOG, Grantee fails to provide required reports, information,
documentation, or other information as required by this Agreement, then the OOG may require
corrective action or consider this act a possible default under this Agreement.
Page 7 of 30
SECTION 12. CORRECTIVE ACTION.
12.1. Corrective Action. If the OOG finds deficiencies in Grantee’s performance under this
Agreement, the OOG, in its sole discretion, may impose one or more of the following corrective
actions: increase monitoring visits; require the submission of additional or more detailed financial
or programmatic reports; require prior approval for expenditures; require additional technical or
management assistance or make modifications in business practices; reduce the grant award
amount; or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may
impose other requirements that the OOG determines will be in the best interest of the State of
Texas.
12.2. Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information without prior written authorization from the OOG may
result in the OOG, in its sole discretion, placing Grantee on immediate financial hold without
further notice to Grantee and without first requiring a corrective action plan. The OOG shall only
provide written authorization for delay upon finding that extraordinary circumstances exist that
support the delay. No reimbursements will be processed until the requested information is
submitted. If Grantee is placed on financial hold, the OOG, in its sole discretion, may deny
reimbursement requests associated with expenses incurred during the time Grantee was placed on
financial hold.
12.3. Sanctions. In addition to a financial hold, the OOG, in its sole discretion, may impose other
sanctions including, but not limited to, withholding or suspending funding, requiring return or
offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement,
reducing funding, terminating this Agreement, or any other appropriate sanction.
12.4. Notice of Possible Default. The parties agree to make a good faith effort to identify,
communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole
discretion, will determine whether Grantee has acted or failed to act in such a manner that gives
rise to an act of possible default under this Agreement. If the OOG determines Grantee has possibly
defaulted on this Agreement, the OOG shall, within ten (10) business days after making that
determination, give written notice of possible default to Grantee that also sets out the
circumstances that support the OOG’s determination.
12.5. Opportunity to Cure. Unless the OOG provides written authorization providing
additional time as set forth below, Grantee must cure the possible default and provide the OOG
with sufficient information that supports a finding of cure by the OOG within thirty (30) calendar
days after the OOG gives Grantee notice under Section 12.4 of this Agreement. The OOG may, in
its sole discretion and upon a finding by OOG that extraordinary circumstances support the
additional time, provide written authorization to Grantee that provides Grantee a specified amount
of additional time cure the possible default and provide required information to the OOG.
12.6. Cure. If the OOG determines, in its sole discretion, that Grantee has cured the possible
default event, the OOG shall give written notice to Grantee within ten (10) business days after
making that determination. The OOG shall be guided by good faith and reasonableness in
determining whether Grantee has cured the possible default.
Page 8 of 30
12.7. Default. If the OOG determines Grantee has not cured the possible default, Grantee shall
be in default hereunder, and the OOG shall give written notice to Grantee informing Grantee of
such default within ten (10) business days after the OOG reaches its determination. Any default
may result in termination of this Agreement in accordance with Section 16 of this Agreement.
12.8. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or
sanctions, Grantee remains responsible for complying with the Agreement terms and conditions.
Corrective actions, financial hold, or sanctions do not excuse or operate as a waiver of prior failure
to comply with this Agreement.
SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by
either party shall be in writing and shall be deemed to have been given immediately if sent to the
e-mail address specified in this section. Any notice required or permitted to be given under this
Agreement may be given by regular first class mail and shall be deemed to have been given on the
date of attempted or actual delivery to the recipient if addressed to the receiving party at the address
specified in this section:
To Grantor:
Office of the Governor
Texas Military Preparedness Commission
P.O. Box 12428
Austin, TX 78711
tmpc@gov.texas.gov
To Grantee:
Mr. Peter Zanoni
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469-9277
peterz@cctexas.com
SECTION 14. GRANTEE CERTIFICATIONS. By agreeing to and signing this Agreement,
Grantee represents that Grantee has obtained all necessary authority to enter into this Agreement
and hereby makes the following certifications, representations, and warranties:
14.1. Delinquent Child Support Obligations. Under Section 231.006(d) of the Texas Family
Code, regarding child support, Grantee certifies that the individual or business entity named in this
Agreement is not ineligible to receive the specified payment and acknowledges that this
Agreement may be terminated and payment may be withheld if this certification is inaccurate.
14.2. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government
Code, Grantee certifies that the individual or business entity named in this Agreement is not
ineligible to receive the specified agreement and acknowledges that this Agreement may be
terminated and payment withheld if this certification is inaccurate.
14.3. Gift to Public Servant. Grantee warrants that Grantee has not given, nor does Grantee
intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor, or service to a public servant in connection with the award
of this Agreement.
14.4. Former Executive Head and Employees of the Agency. Grantee certifies that this
Agreement is compliant, and will remain in compliance during the Agreement term, with the
Page 9 of 30
following sections of the Texas Government Code: Section 669.003 (Contracting with Executive
Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees
who participated in the procurement of services); and Section 2252.901 (Contracts with Former or
Retired Agency Employees).
14.5. Conflicts of Interest. Grantee certifies that neither Grantee nor the personnel or entities
employed in rendering services under this Agreement have, nor shall they knowingly acquire, any
interest that would be adverse to or conflict in any manner with the performance of Grantee’s
obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately
notify the OOG in writing, upon discovery of any actual or potential conflict.
14.6. Corporate Franchise Tax. Grantee certifies that, if applicable, Grantee’s Texas franchise
tax payments are current, or that Grantee is exempt from, or not subject to, such tax.
14.7. No Claims. Grantee certifies that Grantee does not have any potential or existing claims
against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas.
14.8. Debt to State. Grantee acknowledges and agrees that, to the extent Grantee owes any debt
or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement
may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee
owes the State of Texas until the debt or delinquent taxes are paid in full.
14.9. Compliance with Licensing, Permitting, and Regulatory Bodies. Grantee certifies that
Grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to
perform Grantee’s obligations under this Agreement, without costs to the OOG. Grantee shall
comply with any applicable federal, state, county, local and municipal laws, ordinances,
resolutions, codes, decisions, orders, rules, and regulations, in connection with Grantee’s
obligations under this Agreement. Grantee shall comply with all applicable federal health and
safety standards, including but not limited to, OSHA, and all Texas health and safety standards.
Grantee certifies that Grantee is currently is in good standing with all licensing, permitting, or
regulatory bodies that regulate any or all aspects of Grantee’s business or operations. Grantee
agrees to comply and remain compliant with all applicable licenses, legal certifications,
inspections, and any other applicable local ordinance or state or federal laws.
14.10. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion. Grantee certifies that Grantee and Grantee’s principals are not listed on the federal
government’s terrorism watch list as described in Executive Order 13224 and will remain
compliant with this certification during the term of this Agreement. Grantee certifies that Grantee
and Grantee’s principals are not suspended or debarred from doing business with the state or
federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas
Comptroller of Public Accounts and the System for Award Management (SAM) maintained by
the General Services Administration.
14.11. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants
that Grantee has not been the subject of allegations of Deceptive Trade Practices violations under
Page 10 of 30
Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business
practice in any administrative hearing or court suit and that the Respondent has not been found to
be liable for such practices in such proceedings. Grantee certifies that Grantee has no officers who
have served as officers of other entities who have been the subject of allegations of Deceptive
Trade Practices violations or allegations of any unfair business practices in an administrative
hearing or court suit, and that such officers have not been found to be liable for such practices in
such proceedings.
14.12. False Statements. By signature to this Agreement, Grantee makes all the representations,
warranties, guarantees, certifications and affirmations included in this Agreement. If Grantee signs
this Agreement with a false statement or it is subsequently determined that Grantee has violated
any of the representations, warranties, guarantees, certifications or affirmations included in this
Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void
this Agreement for cause and pursue other remedies available to the OOG under this Agreement
and applicable law.
14.13. Felony Criminal Convictions. Grantee represents and warrants that Grantee and
Grantee’s employees who will perform services under this Agreement have not been convicted of
a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the
OOG as to the facts and circumstances related to the conviction.
14.14. Immigration. Grantee represents and warrants that Grantee shall comply with all
applicable U.S. immigration laws with respect to the employment of any individual who will
perform labor or services in the U.S. under this Agreement.
14.15. U.S. Department of Homeland Security’s E-Verify System. Grantee certifies and
ensures that Grantee utilizes and will continue to utilize, for the term of this Agreement, the U.S.
Department of Homeland Security’s E-Verify system as required by Chapter 673 of the Texas
Government Code, to determine the eligibility of:
a. all persons employed to perform duties within Texas, during the term of the Agreement;
and
b. all persons, including subcontractors, employed or assigned by Grantee to perform work
pursuant to the Agreement, within the United States of America.
If this certification is falsely made, the Agreement may be terminated.
14.16. Certification Concerning Prior Disaster Relief Contract Violation. The OOG is
prohibited from awarding a grant to any with any person who, in the past five years, has been
convicted of violating a federal law or assessed a penalty in connection with a contract involving
relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004
of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and
2261.053 of the Texas Government Code, Grantee certifies that Grantee is not ineligible from
entering into this Agreement and will remain compliant with this certification during the term of
this Agreement. Grantee acknowledges that this Agreement may be terminated and payment
withheld or return of grant funds required if this certification is inaccurate or false.
Page 11 of 30
14.17. Technology Access Clause. If applicable, Grantee will comply with the State of Texas
Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter
213 when such products are available in the commercial marketplace or when such products are
developed in response to a procurement solicitation. Likewise, if applicable, Grantee shall provide
the Department of Information Resources with the URL to Grantee’s Voluntary Product
Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility
requirements (based on the federal standards established under Section 508 of the Rehabilitation
Act), or indicate that the product/service accessibility information is available from the General
Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov). A company
not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide DIR
with a report that addresses the same accessibility criteria in substantively the same format.
Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT
is located at http://www.section508.gov/.
14.18. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement,
Grantee represents and warrants that Grantee will buy Texas products and materials for use in
providing the services authorized herein when such products and materials are available at a
comparable price and within a comparable period of time when compared to non-Texas products
and materials.
14.19. Liability for Taxes. Grantee represents and warrants that Grantee shall pay all taxes or
similar amounts resulting from this Agreement, including, but not limited to, any federal, state, or
local income, sales or excise taxes of Grantee or Grantee’s employees. The OOG shall not be liable
for any taxes resulting from this Agreement.
14.20. Israel. If Grantee is required to make a certification pursuant to Section 2271.002 of the
Texas Government Code, Grantee certifies that Grantee does not boycott Israel and will not
boycott Israel during the term of the Agreement. If Grantee does not make that certification,
Grantee must notify the OOG and state why the certification is not required. The term “boycott
Israel” as used in the paragraph has the meaning assigned by Section 808.001 of the Texas
Government Code.
14.21. Iran, Sudan, or Foreign Terrorist Organization. Grantee represents that neither
Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or
affiliate of Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under
Sections 2252.153 or 2270.0201 of the Texas Government Code; (ii) constitutes a “scrutinized
company” as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has
contracts with, provides supplies or services to, or is otherwise engaged in business with Iran,
Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas
Government Code. The terms “foreign terrorist organization” and “designated foreign terrorist
organization” have the meanings assigned to them in Sections 2252.151 and 2270.0001 of the
Texas Government Code, respectively.
14.22. Cybersecurity Training Program. To the extent Grantee has access to any state
computer system or database and is subject to the provisions of Section 2054.5192 of the Texas
Page 12 of 30
Government Code, the OOG will require Grantee to complete a cybersecurity training program
certified under Section 2054.519 of the Texas Government Code, as selected by the OOG. The
cybersecurity training program must be completed by Grantee during the term of the Agreement
and during any subsequent extension period. Grantee shall verify completion of the program to the
OOG in writing upon completion of the program.
14.23. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Grantee
certifies that Grantee is not ineligible to receive this Agreement and acknowledges that this
Agreement may be terminated and payment withheld if this certification is inaccurate.
SECTION 15. GENERAL TERMS AND CONDITIONS.
15.1. Independent Contractor. Grantee expressly agrees that Grantee is an independent
contractor and under no circumstances shall any owner, incorporator, officer, director, employee,
or volunteer of Grantee or any subcontractor of Grantee be considered an employee, agent, servant,
joint venturer, joint enterpriser, or partner of the OOG, by virtue of this Agreement. Grantee agrees
to take such steps as may be necessary to ensure that each contractor of Grantee will be deemed to
be an independent contractor and will not be considered or permitted to be an agent, servant, joint
venturer, joint enterpriser, or partner of the OOG.
All persons furnished, used, retained, or hired by or on behalf of Grantee or any of Grantee’s
subcontractors shall be considered to be solely the employees or agents of Grantee or Grantee’s
subcontractors. Grantee or Grantee’s subcontractors shall be responsible for ensuring that any and
all appropriate payments are made, such as unemployment, workers’ compensation, social
security, any benefit available to a state employee as a state employee, and other payroll taxes for
such persons, including any related assessments or contributions required by law.
The OOG is not responsible for any types of claims whatsoever due to actions or performance,
taken by the owners, incorporators, officers, directors, employees, volunteers of Grantee or any
third parties under this Agreement, including but not limited to, the use of automobiles or other
transportation, taken by its owners, incorporators, officers, directors, employees, volunteers or any
third parties.
15.2. Subcontracting. In the event that Grantee should determine that it is necessary or
expedient to subcontract for any of the performances herein, Grantee understands and agrees that
Grantee will be responsible to the OOG for any subcontractor’s performance under this
Agreement. In no event shall this section or any other provision of this Agreement be construed as
relieving Grantee of the responsibility for ensuring that performance under this Agreement, and
any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If
Grantee uses a subcontractor for any or all of the work required, the following conditions will
apply: (1) Grantee, in subcontracting for any performances specified herein, expressly understands
and agrees that subcontracting will be solely at Grantee’s expense and the OOG shall not be liable
in any manner to Grantee’s subcontractor(s); (2) Grantee will be the sole contact for the OOG; and
(3) Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments
owed to subcontractors within ten (10) calendar days of Grantee’s receipt of funds from the OOG.
Page 13 of 30
15.3. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any
attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not
be released from performing any of the terms, covenants, and conditions herein. Grantee shall be
held responsible for all funds received under this Agreement.
15.4. Records Retention. Records shall be maintained and made available to the OOG or its
authorized representatives upon request during the entire performance period of this Agreement
and until three (3) years from date of final payment by the OOG for the services provided under
this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of
claims arising out of such performance, or costs or items to which an audit exception has been
taken, shall be maintained and made available to the OOG or its designee until completion of such
action and resolution of all issues which arise from it, or until the end of the aforementioned three
(3) year period, whichever is later. Failure to provide reasonable access to authorized OOG
representatives shall give the OOG the right to terminate this Agreement pursuant to Section 16 of
this Agreement for reason of default.
15.5. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its
authorized representatives related to services provided under this Agreement. The OOG has the
authority to monitor, inspect, assess, and review the fiscal and contractual performance of Grantee
with respect to the Agreement, including all information related to any services provided under
this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses,
deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the
OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement
payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds
under this Agreement acts as acceptance of the authority of the State Auditor’s Office to audit or
investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors
through Grantee and the requirement to cooperate is included in any subcontract Grantee awards.
15.6. State Auditor. In addition to and without limitation on the other audit provisions of this
Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s
Office or successor agency may conduct an audit or investigation of Grantee or any other entity or
person receiving funds from the State of Texas directly under this Agreement or indirectly through
a subcontract under this Agreement. The acceptance of funds by Grantee or any other entity or
person directly under this Agreement or indirectly through a subcontract under this Agreement
acts as acceptance of the authority of the State Auditor’s Office, under the direction of the
Legislative Audit Committee, to conduct an audit or investigation in connection with those funds.
Under the direction of the Legislative Audit Committee, Grantee or another entity that is the
subject of an audit or investigation by the State Auditor’s Office shall provide the State Auditor’s
Office with prompt access to any information the State Auditor’s Office considers relevant to the
investigation or audit. Grantee further agrees to cooperate fully with the State Auditor’s Office in
the conduct of the audit or investigation, including providing all records requested.
Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly
by subcontractors through Grantee and the requirement to cooperate is included in any subcontract
Grantee awards. The State Auditor’s Office shall at any time have access to and the right to
Page 14 of 30
examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of Grantee related to this Agreement. This Agreement may be amended unilaterally by the
OOG to comply with any rules and procedures of the State Auditor’s Office in the implementation
and enforcement Section 2262.154 of the Texas Government Code.
15.7. Texas Public Information Act. Notwithstanding any provisions of this Agreement to the
contrary, Grantee acknowledges that the State of Texas, the OOG, and this Agreement are subject
to the Texas Public Information Act, Texas Government Code Chapter 552, and (the “PIA”).
Grantee acknowledges that the OOG will comply with the PIA.
Grantee acknowledges that information created or exchanged in connection with this Agreement
is subject to the PIA, and Grantee agrees that information not otherwise excepted from disclosure
under the PIA, will be available in a format that is accessible by the public at no additional charge
to the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents
or information responsive to a request for information.
Information provided by or on behalf of Grantee under, pursuant to, or in connection with this
Agreement that Grantee considers proprietary, financial, or trade secret information (collectively
“Confidential Information”) shall be designated as such when it is provided to the OOG or State
of Texas or any other entity in accordance with this Agreement. Merely making a blanket claim
that all documents are protected from disclosure will not render the whole of the information
confidential. Any information not clearly identified as proprietary or confidential is subject to
release in accordance with the PIA.
The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request
for information covering Grantee’s Confidential Information. The OOG will make a determination
whether to submit a Public Information Act request to the Attorney General.
Grantee agrees to maintain the confidentiality of confidential information received from the OOG
or State of Texas during the performance of this Agreement, including information that discloses
confidential personal information particularly, but not limited to, personally identifying
information, personal financial information, and social security numbers.
Grantee agrees that if any of Grantee’s agents receives any third-party request for the disclosure
of information relating to this Agreement, Grantee shall notify the OOG of any such request
within three (3) business days of receipt of the request.
15.8. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse
any vendor, commodity good, or service. Grantee, Grantee’s employees, representatives,
subcontractors, or other agents may not issue any media release, advertisement, publication, or
public pronouncement which pertains to this Agreement or the services or Grant Project to which
this Agreement relates, or which mentions the OOG, without the prior written approval of the
OOG.
15.9. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL
DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG,
Page 15 of 30
AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES,
CONTRACTORS, AND/OR DESIGNEES FROM ANY CLAIMS, ACTIONS, SUITS,
DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING,
WITHOUT LIMITATION, ALL RELATED COSTS, ATTORNEY’S FEES AND
EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS
OF GRANTEE OR ANY OF GRANTEE’S AGENTS, EMPLOYEES,
SUBCONTRACTORS, OR SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF
THIS AGREEMENT. GRANTEE SHALL COORDINATE GRANTEE’S DEFENSE
WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS
PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO
REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE
OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT
ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES.
15.10. Intellectual Property. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL
DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG,
AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES,
CONTRACTORS, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALL
CLAIMS, VIOLATIONS, MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY
PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER
INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,
PUBLICITY, OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING
FROM: (1) THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS
GRANT AGREEMENT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED
SERVICE, OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE OOG’S
AND/OR GRANTEE’S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES
OR OTHER ITEMS PROVIDED TO THE OOG BY GRANTEE OR OTHERWISE TO
WHICH THE OOG HAS ACCESS AS A RESULT OF GRANTEE’S PERFORMANCE
UNDER THE GRANT AGREEMENT. GRANTEE AND THE OOG AGREE TO
FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING
ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY GRANTEE
WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (“OAG”) WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND GRANTEE
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OAG. IN ADDITION, GRANTEE WILL REIMBURSE
THE OOG AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS,
EXPENSES, OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO,
ATTORNEYS’ FEES AND COURT COSTS ARISING FROM ANY SUCH CLAIM. IF
THE OOG DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS
AND THOSE OF GRANTEE, OR IF THE OOG IS REQUIRED BY APPLICABLE LAW
TO SELECT SEPARATE COUNSEL, THE OOG WILL BE PERMITTED TO SELECT
SEPARATE COUNSEL AND GRANTEE WILL PAY ALL REASONABLE COSTS OF
THE OOG’S COUNSEL.
15.11. Taxes/Workers’ Compensation/Unemployment Insurance. GRANTEE IS FULLY
Page 16 of 30
RESPONSIBLE FOR GRANTEE’S OWN FEDERAL, STATE, AND LOCAL TAXES.
GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF
THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE
LIABILITY AND PAYMENT OF GRANTEE’S AND GRANTEE’S EMPLOYEES’
TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS
AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL
LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING
WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG
AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO GRANTEE,
GRANTEE’S EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES
OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS’
COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR
EMPLOYEE OF THE OOG.
15.12. Tax Identification Information Required. As a prerequisite to the OOG’s ability to
process any payments to Grantee under this Agreement, Grantee shall provide the OOG with
required tax and payee identification information in the form of a completed “Application for
Texas Identification Number” (available on the Comptroller of Public Accounts’ website at
http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf). If Grantee has previously completed
the required documentation to obtain a Texas Identification Number (TIN) prior to the Effective
Date of this Agreement, Grantee may satisfy this requirement by providing the OOG with
Grantee’s current TIN, name, and address to permit the OOG to verify registration in TINS with
the Texas Comptroller of Public Accounts.
15.13. Insurance. Unless otherwise noted in this Agreement, and to the extent that Grantee does
not have or maintain insurance or does not have or maintain sufficient insurance, Grantee
acknowledges and agrees that Grantee will be solely responsible for any losses or damages related
to or caused by Grantee’s performing Grantee’s duties and obligations under this Agreement. The
OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related
to any such losses or damages.
15.14. Fraud, Waste and Abuse. Grantee understands that the OOG does not tolerate any type
of fraud, waste, or misuse of funds received from the OOG. The OOG’s policy is to promote
consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing
guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct
will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of
any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made
against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding.
Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding
allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or
dishonest acts, waste, or abuse to the OOG’s Fraud Coordinator or Ethics Advisor at (512) 463-
1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas
78711.
15.15. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or
the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a
Page 17 of 30
scheduled State of Texas or national holiday, then such action may be taken or such right may be
exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A
schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holidays/.
15.16. Applicable Law and Venue. This Agreement is made and entered into in the State of
Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the
laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or
requirements.
Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to
this Agreement shall be commenced exclusively in the Travis County District Court or the United
States District Court for the Western District of Texas, Austin Division. Venue for any OOG-
initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be
commenced in a Texas state district court or a United States District Court selected by the OOG
in its sole discretion.
Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. Grantee hereby
waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any
claim that Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or
litigation is brought in an inconvenient forum; or the venue is otherwise improper.
15.17. No Waiver of Sovereign Immunity. The OOG is immune from suit and from liability. No
part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of
the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights,
defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers,
employees, or agents as provided by law.
SECTION 16. TERMINATION.
16.1. Convenience. The OOG may, at its sole discretion, terminate this Agreement without
recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days’ notice to Grantee.
16.2. Cause/Default. In the event that Grantee fails to provide the agreed upon services
according to the provisions of this Agreement, or fails to comply with any of the terms or
conditions of this Agreement, the OOG may, upon written notice of default to Grantee,
immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy,
but will be in addition to any other rights and remedies provided in equity, by law, or under this
Agreement.
16.3. Rights upon Termination or Expiration. In the event that the Agreement is terminated
for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual,
reasonable, and allowable costs incurred up to the Effective Date of termination. Termination is
not an exclusive remedy, but will be in addition to any other rights and remedies as provided in
equity, by law or under the Agreement. The OOG will not be liable to Grantee or to Grantee’s
Page 18 of 30
creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable
or disallowed costs as determined by the OOG.
16.4. Liability after Termination. Notwithstanding any exercise by the OOG of its right of
early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for
damages due to the OOG by virtue of any breach of this Agreement by Grantee. The OOG may
withhold payments to Grantee until such time as the exact amount of damages due to the OOG
from Grantee is agreed upon or is otherwise determined.
16.5. Refunds of Overpayment. Grantee shall refund to the OOG any sum of money paid to
Grantee by the OOG, which the OOG determines is an overpayment to Grantee, or in the event
the OOG determines funds spent by Grantee were not an allowable cost of this Grant Project. No
refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation
specifically permits repayment with grant funds. Such refund shall be made by Grantee to the OOG
within thirty (30) calendar days after such refund is requested in writing by the OOG, or within
thirty (30) calendar days of a notice from the OOG indicating the request is the result of a final
determination that the refund is owed.
16.6. Failure to Comply with Agreement. In the event Grantee fails to comply with any
provision as specified in this Agreement, Grantee may be liable for damages under this Agreement
and barred from applying for or receiving additional funding under the DEAAG program until
repayment is made and any other compliance or audit findings are resolved or any issue of non-
compliance is cured to the satisfaction of the OOG.
SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and
receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this
Agreement. If funds for this Agreement become unavailable during any budget period, the OOG
may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the
discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot
perform its obligations under this Agreement as a result of lack of legislative appropriations in
amounts sufficient to fund any activities or functions contained within the scope of this Agreement.
SECTION 18. MONITORING. The OOG or its designee may perform periodic on-site
monitoring of Grantee’s compliance with the terms and conditions of this Agreement and of the
adequacy and timeliness of Grantee’s performance. After each monitoring visit, the OOG will
provide Grantee with a written report of the monitor’s findings. If the monitoring report notes
deficiencies in Grantee’s performances under the terms of this Agreement, the monitoring report
shall include requirements for the timely correction of such deficiencies by Grantee. Failure by
Grantee to take action specified in the monitoring report may be cause for termination of this
Agreement in accordance with Section 16 of this Agreement.
SECTION 19. CONFLICT OF INTEREST.
19.1. No Conflicts of Interest. Grantee shall ensure that no employee, officer, or agent of
Grantee shall participate in the selection, award, or administration of a subcontract supported by
funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict
Page 19 of 30
of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her
immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to
employ any of the above, has a financial or other interest in the firm or person selected to perform
the subcontract. Grantee shall comply with Chapter 171 of the Texas Local Government Code.
19.2. No Inside Information. No employee, agent, consultant, officer, or elected or appointed
official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or
responsibilities or is in a position to participate in decision-making or gain inside information in
regard to the activities involved in the Grant Project, shall be permitted to have or obtain a financial
interest in or benefit from the Grant Project or any contract, subcontract or agreement with respect
thereto, or the proceeds thereunder, either for themselves or those with whom they have family or
business ties.
SECTION 20. REGULATORY AND LEGAL ACTIONS AND CLAIMS.
20.1. No Pending or Threatened Actions Impairing Performance. Grantee represents and
warrants that Grantee is not aware of and has received no notice of any court or governmental
agency actions, proceedings or investigations, etc., (collectively “actions”), pending or threatened
against Grantee within the five (5) calendar years immediately preceding the Effective Date of this
Agreement that would or could impair Grantee’s performance under this Agreement. In addition,
Grantee shall notify the OOG in writing within five (5) business days of any changes to the
representations or warranties in this clause or of any actions that Grantee may become aware of
and receives notice of on or after the Effective Date of this Agreement. Grantee agrees that failure
to so timely update the OOG of actions shall constitute breach of this Agreement and may result
in immediate termination of this Agreement.
20.2. Notice of Actions Arising Out of Performance of Agreement. Grantee shall give the
OOG immediate notice in writing of any action, including any proceeding before an administrative
agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise
directed by the OOG, Grantee shall immediately furnish to the OOG copies of all pertinent papers
received by Grantee with respect to such action or claim. Grantee shall notify the OOG of any
legal action filed against Grantee or any subcontractor, or of any proceeding filed under the federal
bankruptcy code. Grantee shall submit a copy of such notice to the OOG within thirty (30) calendar
days after receipt. No funds provided under this Agreement may be used in the payment of any
costs incurred as the result of any claims, judgments, fines, or settlements.
20.3. Governmental Units of the State of Texas. The OOG and Grantee acknowledge that they
are governmental units of the State of Texas and are subject to, and shall comply with, the
applicable provisions of the Texas Tort Claims Act, as set out in Chapter 101 of the Texas Civil
Practice and Remedies Code.
20.4. No Liability. Grantee acknowledges that the OOG, the State of Texas, and their employees
and officials shall not be held liable for any claims or causes of action whatsoever which may
occur in the course of performing the services described in this Agreement, or from the award,
cancellation, or withdrawal of this Grant.
Page 20 of 30
SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to the OOG prompt
written notice upon becoming aware or having knowledge of the occurrence of any event or
development that has, or would reasonably be expected to have, a material adverse effect on the
completion of the Grant Project. Grantee shall inform the OOG in writing within ten (10) business
days after Grantee learns of the existence of such material event.
SECTION 22. FORCE MAJEURE. Neither party shall be liable to the other for any delay in, or
failure of performance of, any requirement included in this Agreement caused by force majeure.
The existence of such causes of delay or failure shall extend the period of performance until after
the causes of delay or failure have been removed provided the non-performing party exercises all
reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires,
explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the
reasonable control of either party and that by exercise of due foresight such party could not
reasonably have been expected to avoid, which by the exercise of all reasonable due diligence,
such party is unable to overcome. Each party must inform the other in writing, with proof of
receipt, within ten (10) business days after the existence of such force majeure, or otherwise waive
this right as a defense.
SECTION 23. DISPUTE RESOLUTION.
23.1. Informal Meetings. The parties’ representatives shall meet as needed to implement the
terms of this Agreement and shall make a good faith attempt to informally resolve any disputes.
The Parties agree to make a good faith effort to identify, communicate, and resolve problems found
by either the OOG or Grantee.
23.2. Grantee’s Continued Performance. Grantee shall not be excused from performance
during any pending dispute, unless approved in writing by the OOG.
SECTION 24. CHANGES AND AMENDMENTS.
24.1. Alterations, Additions, Deletions. Any alterations, additions, or deletions to the terms of
this Agreement shall be by a written amendment executed by both parties.
24.2. Policy Directives. During the term of this Agreement, the OOG may issue policy directives
to establish, interpret, or clarify requirements under this Agreement. Policy directives from the
OOG shall be binding upon Grantee.
SECTION 25. SEVERABILITY. In case any one or more of the parts or provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other parts or provisions thereof
and this Agreement shall be construed as if such invalid, illegal, or unenforceable parts or
provisions had never been contained herein.
SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete
expression of and constitutes the entire agreement between the parties hereto with respect to the
subject matter hereof and all prior and contemporaneous understandings, agreements, promises,
Page 21 of 30
representations, terms and conditions, both oral and written, are superseded and replaced by this
Agreement.
SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be
construed, in all cases, according to its fair meaning. The parties acknowledge that each party and
its counsel have reviewed this Agreement and that any rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation
of this Agreement. Any vague, ambiguous, or conflicting terms shall be interpreted and construed
in such a manner as to accomplish the purpose of the Agreement.
SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are
inserted for convenience only and shall not be deemed to constitute a part hereof.
SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration,
termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment
of grant funds or damages, limitation of liability, indemnification, public information, reporting
requirements, retention and accessibility of records, audit rights, rights upon termination, and any
other provision implying survivability shall remain in effect after this Agreement ends.
SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
IN TESTIMONY HEREOF, Grantee and the OOG have executed this Defense Economic
Adjustment Assistance Grant Agreement, effective as of the date of the last signature below.
OFFICE OF THE GOVERNOR GRANTEE
_________________________________ ____________________________
Chief of Staff or Designee Mr. Peter Zanoni, City Manager
_________________________________ ____________________________
Date Date
Page 22 of 30
GRANT AGREEMENT BETWEEN
THE OFFICE OF THE GOVERNOR
AND
THE CITY OF CORPUS CHRISTI
EXHIBIT A
GRANT BUDGET
$901,952.00
Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for
actual and allowable allocable costs paid according to the following amounts and budget
categories:
Budget Category
Infrastructure – Purchase of property
Infrastructure - Professional & Consultant Services
Infrastructure – New Construction
Infrastructure - Rehabilitation and Renovation
Infrastructure – Capital Equipment 1
Infrastructure – Capital Supplies3
Infrastructure – Facilities Insurance
Training Equipment 2
Training Supplies 3
Total $901,952.00
1 Per the UGMS, "Equipment'' means an article of nonexpendable, tangible personal property having a useful life of
more than one year and a per-unit acquisition cost of $5,000 or more.
2 Id.
3 Per the UGMS, items of equipment with a per unit acquisition cost of less than $5,000 are considered to be
supplies.
$654,651.00
$247,301.00
Page 23 of 30
GRANT AGREEMENT BETWEEN
THE OFFICE OF THE GOVERNOR
AND
THE CITY OF CORPUS CHRISTI
EXHIBIT B
GRANT NARRATIVE
UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL
CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET
MODIFICATIONS, the following narrative provided by Grantee in Grantee’s October 30, 2020
grant application applies to this Agreement:
Replace a cumulative total of approximately 45,700 linear feet of severely deteriorated 78-
year-old steel natural gas main lines and services lines with new six- (6“), four- (4”), and two-
(2”) inch medium density polyethylene (MDPE) DR11 pipe, as appropriate, as well as
installation of isolation valves, valve boxes, and other fittings, as needed. The new primary
natural gas distribution system will be equipped with locator wire(s). Upon installation, the
project site areas (parking lot, asphalt roadway and steel reinforced sidewalks and compacted
aggregate base and a compacted sub-base) will be restored to at least their original condition.
The NASCC base commander had discussions about the importance of this project with the
Assistant Secretary of the Navy for Installations and Facilities, who agrees this project is a
priority to drive modernization, spur resiliency initiatives and motivate quality customer
service.
The system is in a state of severe deterioration after decades of constant exposure to severe
corrosive and erosive service environments. These system failures and leakages have resulted
in significant operational losses of often critical services that subsequently required emergency
repairs in order to restore and attempt to ensure both safety and continued reliable operation of
the primary natural gas distribution system. These failing service lines are the backbone of
Naval Air Station Corpus Christi’s (NASCC) entire natural gas distribution system. The base
and its 40 tenants in approximately 75 buildings is one of the top five customers of the City’s
natural gas utility. Currently, the base accounts for approximately three to four percent of the
natural gas consumed (127,827 MBtu annually). Natural gas provides hot water, heat, humidity
control, and is used as a power source for some boiler units. For critical facilities such as the
Navy’s Calibration Lab and Air Traffic Control Tower, and other critical areas, maintaining 50
percent or less humidity is required. Natural gas is used for major processes in many Corpus
Christi Army Depot (CCAD) areas such as the Plating Shop. Natural gas also provides hot
water for sanitization in multiple facilities, including the Naval Health Clinic, Family Housing,
and the Commissary. All food services use natural gas for cooking.
Page 24 of 30
EXHIBIT C
UNIFORM STATE GRANT ASSURANCES
Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations,
policies, guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards
(UGMS); and Title 1, Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance
and use of federal and state funds for this project. In instances where multiple requirements apply to a Grantee,
the more restrictive requirement applies. By accepting the grant award, Grantee certifies and assures that
Grantee complies and will continue to comply with the following:
1.Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly
adopted or passed as an official act of the applicant’s governing body, authorizing the filing of the application,
including all understandings and assurances contained therein, and directing and authorizing the person identified
as the official representative, or their designee of the organization to act in connection with the application and to
provide such additional information as may be required. State agencies are not required to adopt a resolution.
2.A grantee must comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee,
or member of the applicant’s governing body or of the applicant’s contractor shall vote or confirm the employment
of any person related within the second degree of affinity or the third degree of consanguinity to any member of
the governing body or to any other officer or employee authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period
of two years, or such other period stipulated by local law, prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
3.A grantee must insure that all information collected, assembled or maintained by the applicant relative to a project
will be available to the public during normal business hours in compliance with Chapter 552 of the Texas
Government Code, unless otherwise expressly prohibited by law.
4.A grantee must comply with Chapter 551 of the Texas Government Code, which requires all regular, special or
called meeting of governmental bodies to be open to the public, except as otherwise provided by law or
specifically permitted in the Texas Constitution.
5.A grantee must comply with Section 231.006 of the Texas Family Code, which prohibits payments to a person
who is in arrears on child support payments.
6.No health and human services agency or public safety or law enforcement agency may contract with or issue a
license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate
has been revoked by another health and human services agency or public safety or law enforcement agency.
7.A grantee that is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code must be
in compliance with all rules adopted by the Texas Commission on Law Enforcement ("TCOLE"), unless TCOLE
certifies that Grantee is in the process of achieving compliance with such rules.
8.When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall
maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are
met.
9.A grantee must comply with Section 261.101 of the Texas Family Code, which requires reporting of all suspected
cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and
Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this
requirement.
10.Grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to:
(a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the
Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public
Page 25 of 30
Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the
requirements of any other nondiscrimination statute(s) which may apply to the application.
11. Grantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. § § 276a to 276a-7),
the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub-agreements.
12. Grantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (P. L. 91-646) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in purchases.
13. Grantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 7321-29) which limit
the political activity of employees whose principal employment activities are funded in whole or in part with
Federal funds.
14. Grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards
Act and the Intergovernmental Personnel Act of 1970, as applicable.
15. Grantees will insure that the facilities under Grantee’s ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protections Agency’s (EPA) list of
Violating Facilities and that Grantee will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA. (EO 11738).
16. Grantees will comply with the flood insurance purchase requirements of 102(a) of the Flood Disaster Protection
Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where
such insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing
and Urban Development as an area having special flood hazards.
17. Grantees will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L.
91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93-205).
18. Grantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
19. Grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
20. Grantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131
et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
21. Grantees will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residential structures.
22. Grantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the
Texas Department of State Health Services as required by the Texas Health and Safety Code, Ann., Sec. 85.001,
et seq.
23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994, which prohibits
smoking within any portion of any indoor facility used for the provision of services for children as defined by the
Pro-Children Act of 1994.
24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal
tax forms.
Page 26 of 30
25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders,
regulations and policies governing this program.
26. Grantee must certify that they are not debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs.
Page 27 of 30
EXHIBIT D
QUARTERLY PROJECT STATUS REPORT
THE CITY OF CORPUS CHRISTI
TMPC GRANT NUMBER: 2020-02-06
Expenditures for Quarter Ending [DATE]:
Expenditures Description
Percentage of Grant Project Completed:
Summary of Expenditures to Date:
Quarter Ending Expenditures
Brief Narrative Explaining Expenditures:
Grant Project Status:
Grantee’s Duly Authorized Representative: Date:
Page 28 of 30
EXHIBIT E
PROJECT COMPLETION REPORT
THE CITY OF CORPUS CHRISTI
TMPC GRANT NUMBER: 2020-02-06
Percent Completed:
GRANTEE has successfully completed, and in a satisfactory manner, the GRANT PROJECT.
The purpose of the grant was to [GRANT PURPOSE].
The total cost for the Grant Project is as follows:
• Grant Project Total $
• Total $
The following is a brief Grant Project scope summary:
This is to certify that an inspection of 100% of the completed Grant Project described below was
conducted on the ___ day of ________, 20__.
Contracts were entered into for GRANT PROJECT between GRANTEE and the following
subcontractors: [SUBCONTRACTORS.]
This is to further certify that any and all Equipment included as part of the grant budget has been
purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and
supplemental agreements thereto.
NAME OF GRANTEE:
_____________________________________________
Signature of Grantee’s Duly Authorized Representative
_____________________________________________
Print Name
_____________________________________________
Title
_____________________________________________
Date
Page 29 of 30
Exhibit F
DEAAG PROJECT IMPACT REPORT
THE CITY OF CORPUS CHRISTI
TMPC GRANT NUMBER: 2020-02-06
Project Name:
Grantee Name:
Address:
Telephone: Fax:
Contact Person: E-mail:
Time Period Covered by Report: to ________
Grant Project Performance Measures:
• Create, retain, or train _____ Jobs by the completion of the Grant Project
• Grant Project Description:
• Grant Project Address:
Jobs Created
Time Period
Active Full Time
Jobs Created, Retained or
Students Trained
EX. 01/12 – 03/12
Total
Page 30 of 30
Breakdown of Jobs Created
Job Type Jobs Created or Retained
This Reporting Period
Total Jobs Created
to Date
Direct Permanent Jobs
Indirect Permanent Jobs
Individuals Trained
Total
Businesses assisted or created this period: _____________________
Businesses assisted or created to date: _____________________
Grant Project Financial Impact
• Narrative summary of Impact:
• Update on current Grant Project Status (include curriculum updates):
THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN
THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF
GRANTEE.
FOR GRANTEE:
______________________________
Signature
______________________________
Print Name
______________________________
Title
______________________________
Date
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevinn@cctexas.com
(361) 826-1874
Josh Chronley, Interim Assistant Director of Contracts and Procurement
Joshc2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the purchase of six replacement trucks which consist of one 6-cubic
yard dump truck, two 12-cubic yard dump trucks, two heavy crew trucks with service
bodies, and one heavy crew truck with a flatbed body for the Water and Wastewater
Utilities Department from Houston Freightliner, Inc. of Houston, Texas, for a total not to
exceed amount of $861,584.00 paid through the Vehicle and Equipment Replacement
Fund.
SUMMARY:
This motion authorizes a purchase of six trucks from Houston Freightliner that are
replacements to the fleet at the Water and Wastewater Utilities Department.
BACKGROUND AND FINDINGS:
The Water and Wastewater Utilities Department has a requirement to replace three dump
trucks and three heavy crew trucks. Choke Canyon Dam will use one of the 12 -cubic
yard dump trucks to haul out dirt when dirt sloughs down due to erosion . Water Utilities
Infrastructure will use one heavy crew truck with a service body and one heavy crew truck
with a flatbed body for use as a daily operating vehicle for construct ion and repair crews
to move pipe, fittings, and traffic control. Wastewater Utilities Infrastructure will use the
other 12-cubic yard dump truck and the 6-cubic yard dump truck to move soil and backfill
materials to and from jobsites. Wastewater Utilities Infrastructure will use the other heavy
crew truck with a service body as a daily operating vehicle for construction and repa ir
crews to move pipe, fittings, and traffic control.
All the units have met or surpassed their expected service life of seven ye ars, and the
Purchase of Six Trucks for Utilities
AGENDA MEMORANDUM
Action item for the City Council Meeting of July 20, 2021
savings from purchasing through the H-GAC Coop is 34% less than MSRP.
PROCUREMENT DETAIL:
The procurement is through the HGACBuy Cooperative. Contracts awarded through the
HGACBuy Cooperative have been competitively procured and follow Texas Local and
State procurement requirements.
ALTERNATIVES:
An alternative is to continue operating the equipment, but this requires frequent
maintenance and repairs that result in extensive out-of-service time. The equipment can
also be rented. However, this will not be cost-effective for the long-term, and the
equipment may not be readily available when needed.
FISCAL IMPACT:
These six trucks will be an outright purchase in the amount of $861,584.00 to be paid
from Vehicle and Equipment Replacement Fund.
Funding Detail:
Fund: 5111 Vehicle & Equip. Replacement Fund
Organization/Activity: 30201 Water Supply Fleet
Mission Element: 201 Manage Fleet Inventory
Project # (CIP Only): N/A
Account: 550020 Vehicles & Machinery
Amount: $ 161,362.00
Fund: 5111 Vehicle & Equip. Replacement Fund
Organization/Activity: 31502 Water General Fleet
Mission Element: 201 Manage Fleet Inventory
Account: 550020 Vehicle & Machinery
Amount: $ 433,737.00
Fund: 5111 Vehicle & Equip. Replacement Fund
Organization/Activity: 33000 Wastewater Administration
ME 201 Manage Fleet Inventory
Account: 550020 Vehicle & Machinery
Amount: $ 266,485.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase with Houston
Freightliner for the purchase of six trucks as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Item Equipment Description Qty UOM Unit Price Total
1
2021 12 Cubic Yard Dump Trucks
Freightliner 114-SD 2 Each 161,362.00$ 322,724.00$
2
2021 Heavy Crew Trucks
with Service Bodies M2-112 2 Each 154,300.00$ 308,600.00$
3
2021 Heavy Crew Trucks
with Flat Bed Body M2-106 1 Each 118,075.00$ 118,075.00$
4
2021 6-8 cubic yard Dump Truck
Freightliner M2106 1 Each 112,185.00$ 112,185.00$
861,584.00$
City of Corpus Christi
Contracts & Procurement
Senior Buyer: Cynthia Perez
Houston Freightliner
Houston, TX
GRAND TOTAL
Price Sheet
Purchase of Six Trucks for Utilities
HGACBuy Contract - HT06-20
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevinn@cctexas.com
(361) 826-1874
Josh Chronley, Assistant Director of Contracts and Procurement
Joshc2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the purchase of one portable 350 kilowatt trailer-mounted generator
from ROMCO Equipment Company, LLC from Corpus Christi, Texas for the Water
Utilities Department, in the amount of $167,950.00 to be paid through Water Fund.
SUMMARY:
This is for a portable trailer-mounted generator that will be used as a backup emergency
power source if the emergency generator fails at City Pump Stations or other facilities.
BACKGROUND AND FINDINGS:
The trailer-mounted generator adds to the O.N. Stevens Water Treatment Plant
(ONSWTP) hurricane preparedness planning as a redundant emergency power source if
the emergency generators fail at Water System facilities such as the Sand Dollar Pump
Station on the Island and the Staples Pump Station. In the past three years, ONSWTP
experienced several events that required emergency power for the Sand Dollar Pump
Station. In 2020, Hurricane Hanna knocked out power to the Island, and the Sand Dollar
Pump Station emergency generator failed, which required the rental of a skid-mounted
generator to provide water to the Island. Prior planning with a local vendor allowed
ONSWTP staff to rent alternative emergency power during this critical time. After this
storm, it was decided a trailer-mounted generator capable of powering any of the City
Pump Stations was needed as a backup to the emergency generators.
Purchase of One Portable Trailer Mounted Generator for Utilities
AGENDA MEMORANDUM
Action item for the City Council Meeting of July 20, 2021
PROCUREMENT DETAIL:
The procurement is through the BuyBoard Cooperative. Contracts awarded through the
BuyBoard Cooperative have been competitively procured and follow Texas Local and
State procurement requirements.
ALTERNATIVES:
The equipment can be rented. However, this will not be cost-effective for the long-term,
and the equipment may not be readily available when needed.
FISCAL IMPACT:
The fiscal impact for the Water Fund will be $167,950.00.
Funding Detail:
Fund: 4010 Water Fund
Organization/Activity: 31010 O. N. Stevens Water Treatment Plant
Mission Element: 062 Treat water
Project # (CIP Only): N/A
Account: 550020 Vehicles and Machinery
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase with ROMCO
Equipment Company, LLC for the purchase of one portable 350 kilowatt trailer-mounted
generator as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
CITY OF CORPUS CHRISTI Price Sheet
Contracts and Procurement Purchase of One Portable Generator for Utilities
Senior Buyer: Cynthia Perez BuyBoard Contract -#597-19
Unit Extended
Price Price
1 CKG430TVM5 Portable Generator 1 EA.
$167,950.00 $167,950.00
TOTAL:$167,950.00
ROMCO Power Systems
Corpus Christi, TX
ITEM DESCRIPTION QTY.UNIT
CKPOWER.COM1-855-CKPOWER
CKG430TVM5 TOWABLE GENSET
325 kW Prime
350 kW Standby
Multi-voltage 3 position: (3P 277/480, 3P 120/208, 1P 120/240)
Features:
1200 Amp circuit breaker with electronic trip, installed into NEMA 3R type box
Weather and sound enclosure, durable powdercoat finish
External E-stop (non-lockable, push button type)
Lug type load connection terminals
Sub-base dual wall fuel tank with 300 gallon capacity
DOT trailer with LET lights and pintle eye
Trailer includes: Spare tire installed, crank type leveling jacks, and safety chains
Final Tier 4 Volvo TAD1375VE engine with 405 kW rated output power
24 VDC electrical system with batteries, rack and cables included
Deep Sea 7310 control panel with fine voltage adjust, auto start capability & idle switch
Options:
Battery disconnect
Battery charger
Block heater circulating type
Camlock type load connection terminals
Storage box (4' X 2' X 2')
Additional fuel water filtration (Racor type)
External shore power receptacle for block heater and battery charger
Fire extinguisher
Interior lights with timer switch LED type
Convenience receptacle
00226
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: David S. Lehfeldt, Director of Solid Waste
DavidL3@cctexas.com
(361) 826-1966
Josh Chronley, Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a two-year service agreement with three additional one -year periods, with
Williams Scotsman, Inc., of Robstown, Texas, in an amount of $125,867.15 for the lease of a
modular building to meet short-term office requirements for Solid Waste Department staff that
manage the JC Elliott Transfer Station, the closed landfill, and other facilities effective upon
issuance of notice to proceed, with FY2021 funding in an estimated amount of $34,410.98
available through the General Fund.
SUMMARY:
This motion authorizes a two-year service agreement (with 3 one-year extensions) to lease a
modular building for the JC Elliott Transfer Station and Solid Waste Compliance staff to meet
short-term office requirements. Only a short-term solution is needed until the construction of a
permanent administrative building is completed within the next 2-3 years.
BACKGROUND AND FINDINGS:
Solid Waste Operations has the need for a new and larger office space to replace the current
mobile building at JC Elliott Transfer Station that is inadequate and deteriorating. The existing
structure’s wooden sub-floor is rotting and the facility is not large enough to meet space
requirements for the department’s current staff. In addition, the new recycling education program,
that will begin in the fourth quarter of this fiscal year, will increase the staff head count by five
employees.
Lease of Modular Building for Solid Waste Operations
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 20, 2021
The new rental office is approximately 2 ,880 sq ft and will contain eight offices and up to 15
workstations. Also, the facility will include a break area and meeting room.
Existing utility infrastructure is available and the set-up cost for the leased building will be minimal.
The approved Capital Improvement Program includes the construction of a new Solid Waste
Department Complex to house the entire Solid Waste Department. This lease will cover the time
period to construct the new Solid Waste administrative building.
PROCUREMENT DETAIL:
This procurement is through the Omnia Partners Cooperative. Contracts awarded through the
Omnia Partners Cooperative have been competitively procured in compliance with Texas Local
and State procurement requirements.
ALTERNATIVES:
Alternatives include maintaining the current crowded, deteriorated, and inefficient, office
configuration; purchasing a modular style building instead of rental for approximately $350,000;
or building a permanent structure with an estimated cost of $750,000 that is not ideally located for
future development.
FISCAL IMPACT:
This fiscal impact for the Solid Waste Operation in FY 2021 is an estimated amount of $34,410.98
for this two-year service agreement. The remaining est imated $91,456.17 will be budgeted in
future years through the annual budget process.
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 12504 J.C. Elliott Transfer Station
Mission Element: 033
Project # (CIP Only):
Account: 530160 Rentals
RECOMMENDATION:
Staff recommends approval of this motion authorizing a two-year service agreement with Williams
Scotsman, Inc. for the lease of the modular building as presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Price Sheet
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1
Modular Building 60X40 Redi Plex, Includes Delivery,
Installation and Final Return Charges
(Initial, 24 month period)
1 $125,867.15 $125,867.15
$125,867.15
OPTION YEARS
1 Modular Building 60X40 Redi Plex,
First Option to Extend (+ $3,848.25 (5%))1 $46,179.00 $46,179.00
2 Modular Building 60X40 Redi Plex,
Second Option to Extend (+ $4,040.66 (5%))1 $48,487.95 $48,487.95
3 Modular Building 60X40 Redi Plex,
Third and Final Option to Extend (+ $4,242.69 (5%))1 $50,912.32 $50,912.32
$145,579.27
$271,446.42FIVE YEAR TOTAL
WILLIAMS SCOTSMAN, INC.
ROBSTOWN, TX
OPTION YEARS TOTAL
Price Sheet
Lease of Modular Building for Solid Waste Operations
Omnia Partners Contract TX-R160101-310632
City of Corpus Christi
Contracts and Procurement
Senior Buyer: Tracy Garza
TOTAL
Lease Agreement
Lessee: 0010438741
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
Contact:
Phillip Aldrich
1201 Leopard Street
Corpus Christi, TX 78401
Phone: 361-826-4482
Email: philipa@cctexas.com
Ship To Address:
Ayers Ext.
CORPUS CHRISTI, TX 78415 US
Delivery Date (on or about): 08/06/2021
Rental Pricing Per Billing Cycle
Quantity Price Extended
60x48 Redi Plex (56x48 Box) TX-R160101-310632 1
$2,326.00
Bas. Entrance-Steps T2
2
$68.00
$136.00
Property Damage Waiver (11/12) 4 $108.00 $432.00
ADA/IBC Ramp - 30' & less
1
$251.00
$251.00
General Liability - Allen Insurance 1 $40.00 $40.00
Bas. Cubicle Package T1
8
$60.00
$480.00
Minimum Lease Billing Period: 24
Total Recurring Building Charges:
$2,326.00
Billing Cycle: 28 Days Subtotal of Other Recurring Charges: $1,339.00
Total Recurring Charges Per Billing Cycle:
$3,665.00
Delivery & Installation
Ramp - Delivery & Installation 1 $651.43 $651.43
Cubicle Install 8 $34.50 $276.00
Delivery Freight
4
$703.33
$2,813.32
Block and Level
1
$17,755.39
$17,755.39
Vinyl skirting
208
$9.23
$1,919.84
Total Delivery & Installation Charges: $23,415.98
Final Return Charges*
Skirting Removal - Vinyl LF 208 $3.08 $640.64
Ramp - Knockdown & Return 1 $484.29 $484.29
Cubicle Knock Down 8 $34.50 $276.00
Teardown
1
$10,676.92
$10,676.92
Return Freight
4
$603.33
$2,413.32
Due On Final Invoice*: $14,491.17
Total Including Recurring Billing Charges, Delivery, Installation & Return**:
$125,867.15
Comments
24 months with the option to extend three (3) additional twelve (12) month periods to include up to a five percent increase per additional
negotiated period."
Summary of Charges
Model: RP6048
Quantity: 1
Total Charges for(1) Building(s): $125,867.15
Williams Scotsman, Inc.
1000 Harrell Drive
Robstown TX 78380
Your WillScot Representative
Mallory Mcmenamin, Sales Representative
Phone: 361-857-5460
Email: mallory.mcmenamin@willscot.com
Toll Free: 800-782-1500
Contract Number: 1475517
Revision: 4
Date: May 14, 2021
Page 1 of 4
DF _______
Initial
r 674869
DocuSign Envelope ID: 6B59EE4B-217E-4389-BFC2-AB8DAF7F0762
Insurance Requirements Addendum
QTY PRODUCT EQUIPMENT VALUE/BUILDING DEDUCTIBLE PER UNIT
1
RP6048
$110616.00
$4000.00
Lessee:
CITY OF CORPUS CHRISTI
Pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("Agreement"), a Lessee is obligated to provide insurance
to Williams Scotsman, Inc. ("Lessor") with the following insurance coverage:
1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and
Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount
not less than $1,000,000 per occurrence, naming the Lessor as Additional Insured and Loss Payee.
2. Commercial Property Insurance: covering all losses or damage, in an amount equal to 100% of the Equipment Value set forth in the
Lease providing protection against perils included within the classification and special extended perils (all "risk" insurance), naming the
Lessor as Additional Insured and Loss Payee.
By signing below, the Lessee agrees to the terms and conditions stated herein. All other general Terms and Conditions of the Agreement shall
remain the same and in full force and effect. Each party is hereby authorized to accept and rely upon a facsimile or electronic signature of the
other party on this Addendum. Any such signature shall be treated as an original signature for all purposes.
Commercial General Liability Insurance
Lessee elects to participate in the Commercial General Liability Insurance Program, whereby Lessee will receive insurance coverage through
American Southern Insurance Company ("Insurer") and administered by Allen Insurance Group ("Agent"). The Lessee acknowledges and
agrees that the policy issued by the Insurer is a third party liability policy that covers those amounts that Lessee is legally obligated to pay due
to bodily insurance and property damage arising from the proper use and occupancy of Equipment leased from Williams Scotsman up to the
policy limits. Coverage is subject to underwriting and specific terms and conditions set forth in the policy. An outline of cover is available upon
request. By signing below, Lessee understands and agrees that the Lessor is not providing the insurance coverage and serves only as a billing
agent for the Insurer and its Agent; and, accordingly, it assumes no liability therefore.
Signature of Lessee: \s1\ Print Name: \n1\ Date: \d1\
Damage Waiver Program
Lessee elects to participate in the Lessor's Damage Waiver Program. Lessee understands and agrees that under this program, the Lessor
waives, for a fee, Lessee's obligation to carry Commercial Property Insurance and Lessee's liability to Lessor for repair or replacement of the
modular units leased from Williams Scotsman resulting from loss or damage as specified in the Lease Agreement. Lessee remains liable to
Williams Scotsman for the amount of the damage deductible per unit of equipment noted above. Please refer to the Agreement for specific
details on coverage, exclusions and restrictions on coverage. The Property Damage Waiver is not and shall not constitute a contract for
insurance.
Signature of Lessee: \s1\ Print Name: \n1\ Date: \d1\
Please return this signed document with the signed lease agreement.
Williams Scotsman, Inc.
1000 Harrell Drive
Robstown TX 78380
Your WillScot Representative
Mallory Mcmenamin, Sales Representative
Phone: 361-857-5460
Email: mallory.mcmenamin@willscot.com
Toll Free: 800-782-1500
Contract Number: 1475517
Revision: 4
Date: May 14, 2021
Page 2 of 4
DocuSign Envelope ID: 6B59EE4B-217E-4389-BFC2-AB8DAF7F0762
Clarifications
*Final Return Charges are estimated and will be charged at Lessor's prevailing rate at time of return for any Lease Term greater than
twelve (12) months. **All prices exclude applicable taxes. All Lessees and Leases are subject to credit review. In addition to the stated
prices, customer shall pay any local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above
("Equipment"), its value or its use. Lessee acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual
serial number(s), delivery date(s), lock serial number(s), etc, if necessary and Lessee will be supplied a copy of the updated information.
Prices exclude taxes, licenses, permit fees, utility connection charges, site preparation and permitting which is the sole responsibility of
Lessee, unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to
delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a
level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions
that may otherwise affect delivery, installation, dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in
additional charges, as applicable. Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery.
Lessor is not responsible for changes required by code or building inspectors. Pricing is valid for thirty (30) days.
Please note the following important billing terms: •In addition to the first billing period rental and initial charges, last billing period rent for building and other recurring rentals/services
(excluding General Liability Insurance and Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams
Scotsman will be credited on the final invoice.•Invoices are due on receipt, with a twenty (20) day grace period. Interest will be applied to all past due amounts.•Invoices are due on receipt, with a twenty (20) day grace period. Late fees will be applied to all past due amounts.•Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next
invoice following payment by check.•Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or
use BillTrust. Invoices sent standard mail are subject to a paper invoice fee, charged on the following invoice.
Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added
Products (as such items are defined in Lessor's General Terms & Conditions) selected by Lessee as set forth in this Agreement. All
such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the "Equipment". By its signature
below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (5-4-21)
located on Lessor's internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein
by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with
a copy of the General Terms & Conditions upon written request, Lessee should print copies of this Agreement and General Terms &
Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic
signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and
shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter
into and execute this Agreement and bind the respective party thereby.
Invoicing Options (select one)
[\cb1_1_yes\ ]Paperless Invoicing Option
Williams Scotsman prefers electronic invoicing, an efficient,
convenient and environmentally friendly process. To avoid fees,
provide us with the proper email address for your invoices
Corrected Email
Address:
\ebe1\
[\cb2_1_yes\ ]Standard Mail Option
Customer prefers to receive paper invoice via mail. Fees may
apply. Invoices will be mailed to:
PO BOX 9277 CORPUS CHRISTI TX 78469
Enter a new billing address: _____________________________
Signatures
Lessee:
City of Corpus Christi
Lessee:
Williams Scotsman, Inc.
Signature:
\s1\
Signature:
\s2\
Print Name:
\n1\
Print Name:
\n2\
Title:
\t1\
Title:
\t2\
Date:
\d1\
Date:
\d2\
PO#:
\po1\ \po#1\
PLEASE RETURN SIGNED AGREEMENT TO:
Williams Scotsman, Inc.
1000 Harrell Drive
Robstown TX 78380
Your WillScot Representative
Mallory Mcmenamin, Sales Representative
Phone: 361-857-5460
Email: mallory.mcmenamin@willscot.com
Toll Free: 800-782-1500
Contract Number: 1475517
Revision: 4
Date: May 14, 2021
Page 3 of 4
DF
DF
DF
APPROVED AS TO LEGAL FORM:
____________________________________
Assistant City Attorney Date
_______
Initial
______
Initial
______
Initial
9/1/19;
revised
(3/17/20)
DocuSign Envelope ID: 6B59EE4B-217E-4389-BFC2-AB8DAF7F0762
Donna Finnerty
6/22/2021
CONTRACTS ADMIN.
Williams Scotsman, Inc.
1000 Harrell Drive
Robstown TX 78380
Your WillScot Representative
Mallory Mcmenamin, Sales Representative
Phone: 361-857-5460
Email: mallory.mcmenamin@willscot.com
Toll Free: 800-782-1500
Contract Number: 1475517
Revision: 4
Date: May 14, 2021
Page 4 of 4
DocuSign Envelope ID: 6B59EE4B-217E-4389-BFC2-AB8DAF7F0762
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WILLIAMS SCOTSMAN, INC. LEASE AGREEMENT TERMS & CONDITIONS (09/01/2019)
REVISED FOR CITY OF CORPUS CHRISTI – 3-17-2020
1.All capitalized terms used and not otherwise defined herein, will have the meanings set forth in the Lease Agreement or other Addenda or Amendments thereto. As used in
these terms and conditions, the following definitions shall apply:
“Lease Agreement” The “Lease Agreement” and these “Lease Agreement Terms and Conditions” along with any “Addenda” or “Amendments” thereto together
comprise the “Lease Agreement” between the parties.
“Modular Equipment” shall mean the trailer(s) and/or relocatable, modular, and/or other prefabricated structure(s) supplied by Lessor.
“Ancillary Products” shall mean any and all other products or services which are selected by Lessee and provided by Lessor which are offered for rental with, included in,
attached to, or appurtenant to the Modular Equipment, and set forth in this Lease Agreement.
“Equipment” shall collectively mean the Modular Equipment and the Ancillary Products provided to Lessee by Lessor under this Lease Agreement.
2.True Lease. The Lease Agreement is a true lease and not an agreement for sale; and the Equipment is movable, personal property of Lessor and not a fixture. Lessee shall not
obtain any ownership interest in the Equipment.
3. Commitment of Resources. By signing this Lease Agreement, Lessee authorizes Lessor to proceed with the order for the Equipment, and agrees that Lessor may immediately
begin incurring costs in preparing the Equipment for Lessee’s use. In the event Lessee terminates this Lease Agreement or wrongfully rejects Equipment prior to the
commencement of the Minimum Lease Term, Lessee shall be responsible for the payment to Lessor of: a) the costs incurred by Lessor for labor, materials and work executed up
to Lessor’s receipt of written notice of termination; b) storage related charges attributable to failed delivery;.
4.Delivery; Acceptance; Delay. Within 48 hours of delivery, Lessee shall inspect the Equipment and notify Lessor in writing of any defects. Unless Lessor receives timely
written notice from Lessee, Lessee is deemed to have accepted the Equipment. If delivery of the Equipment is delayed through no fault of Lessor for a period of more than thirty
(30) days from the delivery date set forth in the Lease Agreement, Lessee shall pay Lessor a storage fee equal to 50% of the Total Rental Charges Per Month for each thirty (30)
day period of delay, or portion thereof, until the Equipment is delivered, in addition to any other rent, charges and fees due. Any such storage fees shall not affect commencement
of the Minimum Lease Term.
5.Term of Lease; Extension. The term of this Lease Agreement begins on the date of delivery of the Equipment and ends on the last day of the Minimum Lease Term or the
Extension Period (“Term”). Lessee has no right to cancel or terminate this Lease prior to the Expiration of the Minimum Lease Term. Acceptance of Equipment returned to
Lessor prior to expiration of the Minimum Lease Term or any Extension Period does not constitute a release of Lessee’s rental obligations. If Lessee nonetheless prematurely
terminates this Lease, Lessee unconditionally agrees to pay a termination/cancellation fee equal to the remaining payments for the unfulfilled Minimum Lease Term, any
applicable charges for services or modifications performed by Lessor to make the Equipment ready for Lessee’s use, and any applicable charges relate d to Ancillary Products,
plus the Final Return Charges as estimated in the Lease Agreement. Lessee understands and agrees that Final Return Charges are estimates only and will be c harged at Lessor’s
prevailing rate at the time of return. At the end of the Minimum Lease Term or Extension Period, Lessee shall be responsible for any Final Return Charges including, but not
limited to, dismantle and return freight charges charged at Lessor's then prevailing rate. Lessor has the right to require Lessee to prepay the rental for the last month and return
freight and knockdown charges. At the end of the Minimum Lease Term, this Lease Agreement is automatically extended on a month-to-month basis on the same terms and
conditions until the Equipment is returned to Lessor (the “Extension Period”); except that Lessee’s rental rate shall be automatically adjusted to Lessor’s then prevailing renewal
rental rate and Lessor can change or increase any other fee due under the Lease Agreement. After the end of the Minimum Term, either party can terminate this Lease Agreement
on thirty (30) days written notice.
6.Site Suitability; Inspection. Lessee shall bear the sole responsibility for, and bear any costs necessary to prepare or remediate Lessee’s site to ensure its suitability and
stability for placement of the Equipment. Please visit the Site Suitability Addendum to these Terms and Conditions at www.willscot.com for specific site suitability
requirements. LESSEE SHALL NOT STACK THE MODULAR EQUIPMENT UNLESS LESSOR HAS PROVIDED CONSENT TO SUCH STACKING IN
WRITING.
7.Use; Maintenance; Condition. Lessee shall use the Equipment solely for commercial business purposes and assumes all responsibility for any and all licenses, permits,
certificates, clearances, consents, or approvals as may be required for Lessee’s lawful use, installation, operation, possession and occupancy of the Equipment and Lessee shall
pay the cost and expenses and comply with all laws rules, regulations and orders of local, state, and federal governmental authorities. This is an absolute net lease. Lessee is
solely responsible for routine maintenance, including without limitation janitorial services, pest control, changing of HVAC filters, light bulbs, and ballasts, cleaning (by
qualified HVAC technicians only) the HVAC condenser and evaporator coils, refilling HVAC refrigerant, and removal of water, ice and snow from and about the Equipment.
Lessee shall, at its sole cost, keep the Equipment clean, in good repair and safe operating condition at all times during the Term in accordance with the Williams Scotsman Service
Guide, which Lessee acknowledges receipt. Lessee shall not make any changes in, or to the Equipment and shall not remove any identifying insignia affixed to the Equipment
without Lessor’s consent. Lessee shall keep the Modular Equipment properly ventilated and shall not allow any condition to exist that allows standing water to accumulate in,
on, or under the Equipment. Damage, deterioration, or contamination of the Equipment due to water exposure is not considered ordinary wear and tear. Lessee is solely
responsible for damage due to settling, or caused by moisture or water. Lessor has the right to inspect the Equipment at any time upon reasonable notice, unless due to
emergency. If Lessor believes the Equipment to be misused or neglected, Lessor may, with written notice, declare the Lease Agreement in default and repossess the Equipment
at Lessee’s sole cost. Lessee assumes full responsibility for any Ancillary Products and/or other items missing from the Equ ipment upon return. Any special requirements with
respect to the Equipment shall be handled on a case-by-case basis. Lessor makes no representations as to the Equipment’s compliance with the laws, codes, or requirements of
any jurisdiction. Lessee agrees that the Equipment leased hereunder will not be occupied by any person other than Lessee, its agents, employees, or invitees and will not be used
for residential or dormitory purposes. [For Equipment delivered in California: PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1938 LESSEE IS HEREBY
NOTIFIED THAT THE EQUIPMENT LEASED HEREUNDER HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP).]
8.Ancillary Products. Lessee understands that some Ancillary Products originate from third-party suppliers. If Ancillary Products are leased, Lessee’s sole remedies for
defects arising during the lease term shall be against the manufacturer thereof, pursuant to the terms of the manufacturer’s written warranty, if any. Lessee acknowledges and is
fully aware of the potential hazards in using the Ancillary Products, and agrees to assume all risk. WILLIAMS SCOTSMAN DOES NOT OFFER ANY EXPRESS
WARRANTY ON ANCILLARY PRODUCTS AND DISCLAIMS ANY IMPLIED WARRANTIES ON ANCILLARY PRODUCTS, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9.Hazardous Materials. Lessee shall not have present, any Hazardous Materials, as such term is defined under the law of any jurisdiction, in, on, under, or near the Equipment,
unless Lessor shall have first consented in writing to such presence of Hazardous Materials, in which case Lessee shall be solely responsible for handling and disposing of such
Hazardous Materials in accordance with applicable law. Lessee shall bear the cost for any necessary testing, inspection, or decontamination of the Equipment determined to be
necessary by Lessor. If the Equipment cannot be decontaminated, the Equipment shall be deemed a Total Loss and Lessee assumes full responsibility for the Equipment
including the disposal thereof, and shall pay Lessor the Equipment Value as set forth on the Lease Order Agreement plus all applicable Taxes and Fees in accordance with
Section 14 herein.
10. Rent; Fees; Taxes; Late Charges. Rent for the Equipment begins to accrue upon delivery of the Equipment (the “Delivery Date”). Lessee shall pay Lessor, in advance,
monthly rent for the Equipment on the due date at the Rate Per Month stated in this Lease Agreement during the Minimum Lease Term, and at the Rate Per Month established by
Lessor during the Extension Period. Provided Lessee gives to Lessor a valid tax exemption certificate, Lessee shall be solely liable for any and all (i) sales and use, gross receipts,
transaction privilege, value added, goods and services, and similar taxes (“Sales Taxes”), (ii) ad valorem, real property, and personal property taxes (“Property Taxes”), and (iii)
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related third-party fees and expenses (“Fees”) (the items set forth in clauses (i), (ii), and (iii), hereinafter referred to as “Taxes and Fees”). Lessee shall pay, or shall reimburse,
Lessor for any Taxes and Fees related to the Equipment, and its value, use, or operation or levied against or based upon the amounts paid or to be paid under this Lease
Agreement. ANY AMOUNTS NOT PAID WITHIN THIRTY (30) DAYS OF THE DUE DATE SET FORTH ON THE INVOICE SHALL BE SUBJECT TO AN
INTEREST CHARGE OF 1½% PER MONTH, OR THE MAXIMUM AMOUNT PERMITTED BY LAW, OF THE AMOUNT IN ARREARS FOR THE PERIOD
SUCH AMOUNT REMAINS UNPAID, PLUS AN ADMINISTRATIVE LATE CHARGE OF $35.00 PER MONTH FOR EACH MONTH THE INVOICE REMAINS
UNPAID. Lessor may apply any payment from Lessee against any obligation due and owing by Lessee under this Lease Agreement. Lessor may accept any payment irrespective
of endorsement and deposit same without prejudice to its right to recover the balance. Lessee’s obligation, without prior notice or demand, to pay rent and all other amounts due
hereunder shall be unconditional and not subject to any set off or reduction for any reason whatsoever. Invoices are issued solely for Lessee’s convenience. ELECTRONIC
BILLING IS THE LESSOR’S PREFERRED BILLING METHOD. LESSEE SHALL PROVIDE A VALID ELECTRONIC MAIL ADDRESS FOR RECEIVING INVOICES.
LESSOR’S PREFERRED PAYMENT METHOD IS ACH.
11.No Liens. Lessee shall keep the Equipment free and clear of any and all claims, liens, security interests, encumbrances, or attachments.
12.INTENTIONALLY OMMITTED
13. Loss; Damage. Lessee assumes the risk of all loss and damage to the Equipment from all causes. Upon the occurrence of the total loss of any or all of the Equipment, to such
an extent as to make the repair thereof uneconomical (in Lessor’s sole opinion), Lessor shall declare the relevant Equipment a “Total Loss”. In the event of a Total Loss of the
Modular Equipment, Lessee shall pay Lessor on the next date for the payment of rent: the rent then due; plus the value of the Modular Equipment (the “Equipment Value”) as
stipulated in the Lease Agreement; plus the value of all destroyed Ancillary Products; less all insurance proceeds actually paid and/or assigned to Lessor from insurance
maintained by Lessee; plus all applicable Taxes and Fees and/or transfer taxes (together the “Total Loss Amount”). Upon Lessor’s receipt of the Total Loss Amount, Lessee’s
lease obligation will terminate and Lessor will transfer available ownership documents to the Modular Equipment to Lessee, unless Lessor agrees in writing to dispose of the
Modular Equipment and any destroyed Ancillary Products at Lessee’s sole cost and expense. In the event of loss or damage to any or all of the Equipment that does not
constitute a Total Loss, Lessee, at its sole cost and expense, shall pay or reimburse Lessor, to the extent Lessor has not been paid or reimbursed from insurance maintained by
Lessee, for the repair of such damage as directed by Lessor to the condition required by this Lease Agreement. Any loss or damage to any or all of the Equipment shall not reduce
or otherwise abate Lessee’s obligation to pay all rental payments when due.
14. Insurance. Lessee’s responsibility for the Equipment begins immediately upon delivery. Unless Lessee has elected in writing to participate in Lessor’s Property Damage
Waiver Program and/or Commercial General Liability Program and pays the required additional fees, Lessee shall carry during the entire Minimum Lease Term and Extension
Period liability and property insurance as follows: (A) General Liability Insurance: A policy of combined bodily injury and property damage insurance insuring Lessee and Lessor
against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence. (B)
Property Insurance: A policy of insurance covering all loss or damage to the Equipment, including flood and earthquake, for not less than 100% of the Equipment Value and the
Ancillary Products value as established by Lessor for the full term of the Lease Agreement. (C) General. (1) Lessee’s insurance for the Equipment shall be issued by insurance
companies satisfactory to Lessor. Such insurance shall be primary, and any other coverage carried by the Lessor shall be excess and non-contributory. Within ten (10) days after
the delivery of the Modular Equipment, Lessee shall provide Lessor with evidence of the required insurance and naming Lessor as Additional Insured and Loss Payee. The
evidence of insurance must provide Lessor with thirty (30) days prior written notice of any cancellation or termination. Any proceeds of such insurance shall be paid to Lessor
and shall be applied to the replacement of the Equipment, or payment of monies due under this Lease Agreement, at the option of Lessor. Lessee shall comply with all
requirements of the insurance underwriters or any governmental authority. (2) Lessee shall pay a Missing or Expired Evidence fee for each month that Lessee fails to timely
provide the required evidence of insurance for property coverage or for liability coverage. Such fees shall be calculated by Lessor at its then- prevailing rate(s). Payment of
Missing or Expired Evidence fees shall not provide Lessee with any insurance coverage, nor excuse Lessee from performing its obligations under Sections 12 & 13.
15. Defaults; Remedies. Each of the following shall constitute an “Event of Default”: (1) failure to make any payment within ten (10) days after its due date; (2) failure to
perform any other term of this Lease Agreement; (3) abandonment of the Equipment; (4) material misrepresentation or false statement of fact by Lessee; or (5) default under any
other agreement with Williams Scotsman. (B) Upon the occurrence of an Event of Default, Lessor may declare this Lease Agreement to be in default, and thereafter may exercise
any of the following remedies: (1) Declare immediately due and payable the rent for the Minimum Lease Term and any Extension Period thereof, together with all other unpaid
rent, fees, taxes, and charges (including but not limited to delay/storage fees and/or termination charges under this Lease Agreement and/or any other agreement with Williams
Scotsman); (2) Repossess and/or retain any or all of the Equipment free of all rights and claims of Lessee without notice, without legal process or judicial intervention, and without
releasing Lessee of any term, covenant or condition provided herein and Lessee grants Lessor access and permission to enter the property on which the Equipment is located to
remove the Equipment and Lessor shall have the right to remove any locks on the Equipment ; (3) Sell or dispose of any of the Equipment, whether or not in Lessor’s possession,
in a commercially reasonable manner and apply the net proceeds of such disposition, after deducting all costs, to the obligations of Lessee with Lessee remaining liable for any
deficiency; (4) Terminate this Lease Agreement and/or any other agreement with Lessor; and/or (5) Exercise any other remedy available to Lessor at law. Lessor’s waiver of any
Event of Default shall not constitute a waiver of any other Event of Default or a waiver of any term or condition of this Lease Agreement. No right or remedy referred to herein
is intended to be exclusive and each may be exercised concurrently or separately and from time to time. In the event of repossession, Lessee waives any bond posting
requirement. If Lessor repossesses the Equipment, and the Equipment contains any property owned or possessed by Lessee, Lessor shall inform Lessee and provide a 10 day
notice to remove such property. Upon expiration of such period, Lessee authorizes Lessor to take possession and remove and dispose of such property and Lessee shall have no
claim against Lessor for such property.
16. Return of Equipment; Termination of Lease. At the end of the Minimum Lease Term or any Extension Period, Lessee shall take all actions necessary to make the
Equipment available to Lessor for recovery using Lessor’s standard equipment and process, including without limitation removing all personal property of Lessee, leaving any
Ancillary Products in the Equipment, opening/unlocking any enclosure, and providing full access to the site and Equipment. Lessee shall bear all additional charges incurred as a
result of any impediment to Lessor’s recovery of the Equipment . Lessee shall provide Lessor with at least thirty (30) days advance written notice of the return of the Equipment.
In the event Lessee does not provide thirty (30) days advance written notice of the return of the Equipment and such earlier pick-up of the Equipment is requested by Lessee (and
can be effected by Lessor), Lessee shall reimburse Lessor for any related costs associated with the immediate pick-up of the Equipment. The Equipment shall be returned to
Lessor in the same condition as delivered to Lessee, reasonable ordinary wear and tear excepted. Termination will become effective only when the Equipment has been returned
to Lessor as herein provided and Lessee has paid Lessor all unpaid rental and other charges applicable to the Equipment. Lessee hereby consents to entry by Lessor or its
designees upon the premises where the Equipment may be located for return or repossession of the Equipment. Lessor shall not be responsible for site restoration, including
without limitation restoration of plants or landscaping. Lessor shall not be liable for any damage to any personal property left in or on the Equipment or for keeping or storing any
personal property of Lessee left in or on the Equipment. Such property will be deemed abandoned by Lessee. Any accessories and additions to the returned Equipment shall be
deemed to be part of the Equipment and the property of Lessor. Notwithstanding anything to the contrary herein, Lessee shall reimburse Lessor for any and all costs incurred
related to the return of the Equipment and in repairing cleaning, or otherwise restoring the Equipment to its condition when delivered in accordance with Lessor’s standard rates.
17. Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects
in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor
in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing
of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection,
alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly
maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the
preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
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GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER
PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS
PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
18. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, LESSOR SHALL HAVE NO LIABILITY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES, COSTS, OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST USE, PROFITS, OR BUSINESS OPPORTUNITIES,
ARISING FROM THIS LEASE AGREEMENT, THE EQUIPMENT, THE WRITTEN WARRANTY, OR ANY OTHER CAUSE OR FACTOR.
19. Miscellaneous. (a) Time is of the essence with respect to this Lease Agreement. (b) This Lease Agreement, when signed by both parties, constitutes the entire agreement
between the parties, superseding and replacing all prior documents and representations with respect to the subject matter hereof. It may only be amended by a document signed
by both parties. The terms of any documents submitted by Lessee are superseded and replaced in their entirety by the terms and conditions of this Lease Agreement and shall
have no binding effect upon Lessor, its agents, and its employees. Acknowledgement by Lessor of any Lessee documents shall be only for Lessee’s billing pu rposes only.
(c) Lessee shall not assign this Lease Agreement or sublet the Equipment without the prior written consent of Lessor. This Lease Agreement shall be binding upon any assignee
or successor of Lessee. Lessor may assign any of its rights, remedies, responsibilities, and/or obligations hereunder without notice to Lessee. Lessor reserves the right to charge
Lessee and Lessee agrees to promptly pay for any Equipment, material or labor furnished by Lessor which is not described in this Lease Agreement and/or in the Williams
Scotsman Proposal, if applicable (“Extra Work”); (d) If any provision of this Lease Agreement is deemed unenforceable for any reason, then such provision shall be deemed
stricken and shall not affect the enforceability of any of its other provisions. (e) The obligations of Lessee under Sections 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, and 19
which accrue upon execution of this Lease Agreement, shall survive the termination of this Lease Agreement. (f) If Lessee fails to perform any of its obligations hereunder,
Lessor shall have the right to substitute performance; Failure of Lessor to exercise any right or remedy herein, or the waiver by Lessor of any breach, shall not be construed as
thereafter waiving any such terms, covenants, conditions, rights, or remedies. (g) Lessor shall not be responsible for delays beyond its control. (h) The delivery, installation,
takedown, return and/or any work related to the Equipment as agreed to by Lessor and Lessee in the Lease Agreement or any amendment thereto will be performed by Lessor
using its standard workforce and labor rates unless otherwise agreed to in writing by Lessor prior to the placement of the order for the Equipment. Lessee agrees that Lessor may
use Lessor subcontracted workers for the performance of any work. (i) Lessee irrevocably appoints Lessor or its agents or assigns as Lessee’s attorney-in-fact to execute any
UCC financing statements, documents, checks, and drafts related to the payment of any loss, damage, or defense under policies of insurance required by this Lease Agreement.
(j) this Lease Agreement shall be governed by and interpreted under Texas law. All legal actions arising out of or related to this Lease Agreement shall be filed and conducted
exclusively in a state or federal court in Texas. Lessor hereby reserves its common law right of offset. LESSEE HEREBY WAIVES ANY AND ALL RIGHTS TO A TRIAL
BY JURY OF ANY CLAIM ARISING IN CONNECTION WITH THIS LEASE AGREEMENT. (l) Each party is hereby authorized to accept and rely upon a facsimile
signature or electronic signature of the other party on this Lease Agreement or any Amendment hereto, or on counterpart copies of the foregoing documents. Any such signature
shall be treated as an original signature for all purposes. (m) Each party is hereby authorized to accept and rely upon documents in paper or electronic format. (n) Lessor may
amend these terms and conditions from time-to-time and such amended terms shall be effective thirty (30) days after notice is provided to Lessee. If Lessee does not object in
writing to such amended terms before their effective date, such terms shall be deemed to take precedence.
20. Non-Appropriation Event: The continuation of this Agreement after the close of any fiscal year of the Lessee, 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 Lessee’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./coo/3/17/2020
DocuSign Envelope ID: 1BA23C9C-22FE-4F54-9D8E-2B9C8AFD039CDocuSign Envelope ID: 6B59EE4B-217E-4389-BFC2-AB8DAF7F0762
JC Elliot OfficeDeterioration
07.20.2021
The Issue
•Current space is too small to accommodate the staff managing
operations at the J.C Elliot Transfer Station
•30 staff currently housed
•9 additional staff is anticipated to join location
•Building has interior and exterior deterioration
•Mold
•Rust
•Moisture issues
•Unsuitable electrical wiring
•Multiple A/C
vents have
sustained mold.
Interior Mold
•Exterior door has gap issue causing difficulty to close door.
•Door frame has sustained damage.
Interior Issues
•Holes in interior doors.
Interior Issues
•Missing floor tiles.
•Possible moisture
problem won’t
allow tiles to stick.
Interior Issues
•Building’s electrical
wiring is not suited
for multiple
computers and
electronics.
•Heavy reliance on
loaded power strips
Electrical Issues
•Building’s electrical
wiring is not suited for
multiple computers
and electronics.
•Space is too small for
the number of staff
housed.
Electrical Issues
•Rusting on
exterior doors.
Exterior Rusting
•Wood on ramp is
rotting.
•Wood supports
for building are
rotting.
•Rusting under
electrical box (not
pictured here).
Exterior Deterioration
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Bill Mahaffey, Director of Gas Operations
BillM@cctexas.com
(361) 826-1801
Josh Chronley, Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a two-year supply agreement for 7,000 residential gas regulators for Gas
Operations for an estimated amount of $238,000.00 with Wilnat, Inc. dba Koons Gas
Measurement of Tulsa, Oklahoma, effective upon issuance of notice to proceed, with FY 2021
funding in an amount not to exceed $19,833.00 available through the Gas Fund.
SUMMARY:
This motion authorizes a supply agreement for residential gas regulators for Gas Operations.
These regulators will be used to replace aging regulators, for new construction, and for meter
exchanges that utilize the old-style regulator.
BACKGROUND AND FINDINGS:
The Gas Department uses residential gas regulators to reduce the gas pressure from the City’s
main gas line into the customer’s line. Regulating the gas pressure is a necessary safety
measure which allows the customer to safely operate gas appliances.
PROCUREMENT DETAIL:
Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for
new long-term contracts. The City received one responsive, responsible bid and is recommending
Wilnat, Inc. dba Koons Gas Measurement. Koons Gas Measurement is the incumbent contractor.
Residential Gas Regulators
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 20, 2021
ALTERNATIVES:
There are no viable alternatives. Gas regulators are necessary to protect the safety of City
residents. The bid from Wilnat Inc. is responsive and within budget.
FISCAL IMPACT:
There fiscal impact for Gas Operations in FY 2021 is not to exceed $19,833.00 for this two -year
supply agreement with Wilnat, Inc. dba Koons Gas Measurement for the purchase of residential
gas regulators, with the remaining cost funded in future years through th e annual budget
process.
FUNDING DETAIL:
Fund: 4130 Gas
Organization/Activity: 34130 Gas Construction
Mission Element: 022 Gas Distribution System
Project # (CIP Only): N/A
Account: 520150 Meter/serv cnnct mat
RECOMMENDATION:
Staff recommends approval of this motion authorizing a two-year supply agreement with Wilnat
Inc., dba Koons Gas Measurement for residential gas regulators as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Supply Agreement
City of Corpus Christi Bid Tabulation
Contracts and Procurement Department RFB No. 3623
Senior Buyer: Tracy Garza Residential Gas Regulators
QTY UNIT UNIT PRICE EXTENDED PRICE
7,000 EACH $34.000 $238,000.00
$238,000.00GRAND TOTAL
Residential Service Regulators (with irv)
• 1” x 1” npt body
• 6” diaphragm with a ¼” orfice
• Inlet pressure of 10-35 psig
• Spring capacity of 680 scfh
• Outlet pressure of 7” W.C.
• Valve seat material Buna-N
Mounting position shall be when facing spring on a
vertical diaphragm case vent down and the body
to the right with the inlet down
DESCRIPTION
WILNAT, INC., dba KOONS GAS
MEASUREMENT
TULSA, OK
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 12, 2021
SUPPLY AGREEMENT NO. 3623
RESIDENTIAL GAS REGULATORS
THIS Residential Gas Regulators Supply Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
(“City”) and Wilnat, Inc. dba Koons Gas Measurement (“Contractor"), effective upon
execution by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Residential Gas Regulators in response to
Request for Bid No. 3623 (“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 Residential Gas Regulators 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 two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-months 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
$238,000.00, 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 must 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 March 12, 2021
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:
John Flores
Gas Department
361-885-6925
johnf@cctexas.coml
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 March 12, 2021
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.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
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Supply Agreement Standard Form Page 4 of 7
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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: John Flores
Work Coordinator
4225 S. Port Avenue
361-885-6925
361-853-3200
IF TO CONTRACTOR:
Wilnat, Inc. dba Koons Gas Measurement
Attn: Nathan Harris
Title: Sales Representative
Address: 10934 E. 55th Place, Tulsa, Oklahoma
Phone: 918-794-9494
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
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
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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.
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
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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 March 12, 2021
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. 3623
Exhibit 2: Contractor’s Bid Response
DocuSign Envelope ID: 280D04D8-110E-4336-9505-AABF0EB82B59
Company Representative
Nathan Harris
6/9/2021
Attachment A – Scope of Work
General Requirements/Background Information
The Supplier shall supply residential gas regulators for the Gas Department.
These regulators are used to reduce the gas pressure from pounds to
ounces before entering the customer’s line.
Scope of Work
The gas regulators shall comply with the following specifications:
A. Residential service regulators (with irv)
B. 1” x 1” npt body
C. 6” diaphragm with a ¼” orfice
D. Inlet pressure of 10-35 PSIG
E. Spring capacity of 680 scfh
F. Outlet pressure of 7” W.C.
G. Valve seat material Buna-N
H. Mounting position: when facing spring on a vertical diaphragm
case vent down and the body to the right with the let down
I. Exhibit attached
Delivery
The Supplier will ship gas regulators F.O.B. Destination. Gas regulators will
be shipped to:
City of Corpus Christi – Gas Department
4225 S. Port Avenue
Corpus Christi, TX 78415
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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EXHIBIT
DocuSign Envelope ID: 280D04D8-110E-4336-9505-AABF0EB82B59
Attachment B - Pricing Schedule
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Attachment C - Insurance Requirements
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability
Including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
$500,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
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A. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide 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.
E. 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.
DocuSign Envelope ID: 280D04D8-110E-4336-9505-AABF0EB82B59
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
02/22/2021 Risk Management – Legal Dept.
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Attachment D - Warranty
A. Regulators may be tested and inspected in Gas Meter Shop. Regulators
that do not meet the specification or have mechanical defects will be
rejected and returned to the vendor at their expense.
B. The Contractor shall warrant Gas regulators against defects arising from
faulty material, faulty workmanship for a period of 12 months or
manufacturer warranty following the acceptance of the goods.
C. All parts proving defective within the warranty/guarantee period shall be
replaced without charge to the City of Corpus Christi by the supplier and
the supplier must cover all shipping costs.
DocuSign Envelope ID: 280D04D8-110E-4336-9505-AABF0EB82B59
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director of Public W orks
RichardM5@cctexas.com
(361) 826-3419
Josh Chronley, Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing the purchase of one replacement Aerial Lift Bucket Truck that will be used in
the maintenance of City’s traffic control signals by the Public Works Department from Grande
Truck Center in San Antonio, Texas for a total amount of $137,898.00, with FY 2021 funding
available through the Equipment Replacement Fund.
SUMMARY:
This motion will authorize the purchase for the replacement of one aerial lift bucket truck to be
used by the Public Works Department to perform traffic signal maintenance work. This unit is
being procured through the BuyBoard Cooperative and is a replacement to the existing fleet.
BACKGROUND AND FINDINGS:
The Public Work’s Street Division currently has a requirement for the purchase of one aerial lift
truck. This truck will be used in the maintenance of the City’s traffic control signals. This unit will
be replacing a unit that has exceeded it’s expected service life of seven years. The current unit is
a 2007 Ford 450 Aerial truck with 13,686 hours. This unit has excessive miles and requires
frequent maintenance causing out of service time as it is being repaired. This unit is considered
unreliable for maintenance work. Regular replacement of front-line equipment is essential to
provide for a cost-effective maintenance program.
PROCUREMENT DETAIL:
This procurement is through the Buyboard Cooperative. Contracts awarded through the Buyboard
Cooperative have been competitively procured in compliance with Texas Local and State
procurement requirements. The percentage of savings on the BuyBoard Cooperative quote is
20%, or $27,579.60, less than MSRP.
Purchase of One Aerial Lift Bucket Truck for Public Works
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 20, 2021
ALTERNATIVES:
The alternative is to continue using the only available unit Public Works currently has, which will
slow the impact to traffic signal maintenance work due to frequent downtime for age-related
maintenance.
FISCAL IMPACT:
The FY 2021 fiscal impact of this purchase totals $137,898.00 for one Aerial Lift Bucket Truck to
be funded through the FY 2021 Equipment Replacement Fund.
FUNDING DETAIL:
Fund: 5111 Equipment Replacement
Organization/Activity: 12431 Street Fund Fleet
Mission Element: 201 Manage Fleet Inventories
Project # (CIP Only): N/A
Account: 550020 Vehicles and Machinery
Amount: $137,898.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of one aerial lift bucket
truck, as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
CITY OF CORPUS CHRISTI Price Sheet
Contracts and Procurement Purchase of One Aerial Lift Bucket Truck for Public Works
Senior Buyer: Cynthia Perez Buyboard Contract 601-19
Unit Extended
Price Price
1 Ford 550 - Aerial Lift Bucket Truck 1 EA.
$137,898.00 $137,898.00
TOTAL:$137,898.00
Grande Truck Center
San Antonio, TX
ITEM DESCRIPTION QTY.UNIT
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Charles Mendoza, Director of Asset Management
CharlesM2@cctexas.com
(361) 826-1941
Josh Chronley, Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a three-year service agreement with Horacio Carrillo III, dba Carrillo's Welding
Services "CWS" of Corpus Christi, Texas for an amount not to exceed $480,000.00, for Welding
Services for Asset Management, Fleet Division, with FY 2021 funding in the amount of $27,000.00
available through the Fleet Maintenance Fund.
SUMMARY:
This item is to approve a service agreement with Horacio Carrillo III, dba Carrillo’s Welding
Services “CWS” for as-needed welding services for Asset Management, Fleet Maintenance
Division.
BACKGROUND AND FINDINGS:
Fleet Maintenance needs a certified welder to repair various equipment such as garbage trucks,
dump bodies, frontend loaders, lawnmowers, and any other City owned Fleet equipment, on an
as-needed basis. Fleet Maintenance staff provide minor welding requirements, but it is determined
that an outside contract will best meet the needs of the department.
Welding Services for Asset Management, Fleet Division
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 20, 2021
PROCUREMENT DETAIL:
The Purchasing Division conducted a competitive RFB process to obtain bids. The City received
two responsive bids. Staff is recommending Horacio Carrillo III, dba Carrillo's Welding Services
"CWS" of Corpus Christi, Texas the lowest, responsive, responsible bidder to provide as needed
welding services. This is the second long-term contract for welding services with Carrillo’s Welding
Services. Contractor has been awarded several smaller contracts and has an hourly rate that has
been 50%-60% the rate of other competitive welding firms.
ALTERNATIVES:
The alternative to not approving this service would be that Asset Management, Fleet Division
would make repairs with limited staff which or the Division would need to obtain quotes for every
welding need, this would not be as productive and time consuming.
FISCAL IMPACT:
The fiscal impact for Asset Management in FY2021 is estimated at $27,000.00 for this three year
service agreement. The remaining amount of $453,000.00 will be budgeted in future years
through the annual budget process.
FUNDING DETAIL:
Fund: 5110 Fleet Maintenance Svc
Organization/Activity: 40170 Fleet Operations
Mission Element: 202 Maintain the Fleet
Project # (CIP Only): N/A
Account: 530100 Vehicle Repairs
RECOMMENDATION:
Staff recommends the approval of this agreement with Carrillo's Welding Services "CWS" of
Corpus Christi, Texas for Welding Services for Asset Management, Fleet Division as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tab
Service Agreement
ITEM Description Unit 3-Yr. Qty Unit Price Total Price Unit Price Total Price
1
Hourly rate for welding
as outlined in the Scope
of Work
HRS 12000
40.00$ 480,000.00$ 90.00$ 1,080,000.00$
480,000.00$ 1,080,000.00$
Carrillo's Welding Service -
Corpus Christi, Texas
Iron Ram Services, LLC -
Corpus Christi, Texas
City of Corpus Christi
Contracts and Procurement
Buyer : Marco Lozano
Bid Tabulation
RFB # 3561
Welding for Asset Management, Fleet Division
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SERVICE AGREEMENT NO. 3561
Welding Services for Asset Management, Fleet Division
THIS Welding Services for Asset Management, Fleet Division Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Horacio Carrillo III, dba Carrillo's Welding
Services "CWS" (“Contractor"), effective upon execution by the City Manager or the
City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Welding Services for Asset Management,
Fleet Division in response to Request for Bid/Proposal No. 3561 (“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 Welding Services for Asset Management, Fleet
Division (“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
$480,000.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
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:
Name: Benjamin Sanchez
Department: Fleet Maintenance
Phone: 361-826-1959
Email: BenjaminS@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: Benjamin Sanchez
Title: Parts Foreman
Address: 5352 Ayers Bldg 3A, Corpus Christi, Texas 78415
Phone: 361-826-1959
Fax: N/A
IF TO CONTRACTOR:
Horacio Carrillo III, dba Carrillo's Welding Services "CWS"
Attn: Horacio Carrillo III
Title: Owner / Operator
Address: 117 Vermont St., Corpus Christi, TX 78409
Phone: 361-806-4352
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
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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. 3561
Exhibit 2: Contractor’s Bid/Proposal Response
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Owner and operator
6/16/2021
Horacio Carrillo III
ATTACHMENT A: SCOPE OF WORK
1.1 General Requirements/Background Information
The Contractor shall provide Welding Services for the Asset Management
Department, Fleet Division on an as needed basis as outlined in this Scope
of Work. Equipment may include but is not limited to: garbage trucks, dump
bodies, frontend loader, lawnmower, or any City owned Fleet equipment
requiring repair.
1.2 Scope of Work:
A. The Contractor must have a certified welder to perform the work and
provide all supervision, labor, transportation, tools, materials, and
equipment necessary for the completion of services.
B. The Contractor must be a certified welder by the American Welding
Society in stainless steel, aluminum, mig, and stick. Contractor must
submit the following with its bid: welding certification stamped by a
certified welding inspector.
C. The Contractor shall give priority to City vehicles over other
Customers.
D. The Contractor must supply oil equipment, tools, and labor necessary
supplies to perform the service.
E. The Contractor shall perform work in accordance with
manufacturer’s specifications and/or recommendations, as
applicable, and including. OSHA (Occupational Safety and Health
Administration) guidelines.
F. All on-site work will be scheduled between 8:00 AM and 4:00 PM,
Monday through Friday, excluding holidays.
G. The Contractor shall provide a repair estimate, based on contract
pricing, for each repair/service within 5 business days of
receipt/inspection of equipment. Labor will be compensated at
actual hours worked times the rate shown in the contract and
parts/materials will be paid at actual cost, receipts required times the
markup shown in the contract (see Invoicing below).
H. Repairs/Service shall be completed as per lead time noted on the
quote. A PO number will be submitted to the Contractor via email or
phone. The Contractor shall notify the City if repairs will exceed the
lead time noted on the quote.
I. The Contractor’s technician shall check in with onsite personnel prior
to commencing work and check out after completion of work.
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J. Upon completion of work, the technician shall clean the work area
and secure all equipment in a safe condition.
K. The Contractor must follow all applicable safety regulations and
guidelines.
L. The Contractor shall have a 48-hour turnaround time when materials
are available.
1.3 Work Site and Conditions
The Work may be performed at the Contractor’s place of business or the
current location of the equipment.
A. The Contractor must have a secure facility to hold the City
equipment while working on equipment at the Contractor’s place of
business.
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control
Program that is acceptable to the Contract Administrator to assure that the
requirements of the contract is provided as specified. The Contractor will
also provide supervision of the work to insure it complies with the contract
requirements.
1.5 Invoicing
The Contractor shall submit invoice for services to the city. Invoice shall
include:
1.Work description, Purchase Order Number (PO#), Service Agreement
Number, Location and date of Service and labor hours.
2.Invoices shall be sent as follows: Original copy to Accounts Payable
and one to the Contract Administrator.
3.The Contractor shall include copies of Work order and Contractor
Information Checklist (CIC) as back-up for the invoice. Approval for
payment shall be authorized by the Contract Administrator or Project
Manager.
4.Labor will be paid at the actual hours worked at the rates listed on
the Contract.
5.Materials will be paid at cost plus allowable markup as listed in the
Contract.
6.Receipts are required for materials
1.6 Special Instruction:
1.The Contractor shall report to the Project Manager or designee at
the location upon arrival.
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2.Any unauthorized changes or services performed by the
Contractor, will be at the responsibility of the Contractor and not
Asset Management-Facility Maintenance.
3.The Contractor shall clean and haul away all debris.
4.The Contractor shall commence work no more than 15 days from
date of notice to proceed.
5.The Contractor will schedule and perform all work in cooperation
with Asset Management Representative
6.The Contractor will provide written quote to include all permits,
inspections, subcontractors, materials, and complete work.
7.The Contractor will provide written quote with dates to start and finish
and itemized breakdown to include but not limited to Labor and
material.
8.The Contractor will remove all debris from site and dispose
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Attachment C: Insurance and Bond Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor Agency to commence work until all
similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation is required on all applicable policies. Endorsements
must be provided with COI. Project name and or number must be listed in
Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
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
GARAGE KEEPERS PHYSICAL DAMAGE
COVERAGE including:
Physical Damage on a Direct Primary Basis
Actual Cash Value of Vehicles and
Equipment While in Care, Custody
or Control, up to $600,000
C. In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
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II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on
a policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be
promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
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E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and within
the time herein required, the City shall have the right to order Contractor to remove
the exhibit hereunder, and/or withhold any payment(s) if any, which become due
to Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi
for liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
Bond Requirements:
No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby
void.
2020 Insurance Requirements
Ins. Req. Exhibit 4-D
Contracts for General Services - Services Performed Onsite
06/08/2020 Risk Management -Legal Dept.
Page 3 of 3
DocuSign Envelope ID: B6884C26-1805-4E11-81BD-D5A783148A90
Page 1 of 1
ATTACHMENT D: WARRANTY REQUIREMENTS
Warranty on Labor and Workmanship shall be six-months.
Warranty on all materials shall be one year.
A. Covered warranty on new installation shall be one year or better for all labor
and material.
B. Warranty on all repairs shall be six-months or better for all labor and one-year
on materials. Any additional service call to repair deficiencies previously
addressed, will not be considered for payment.
DocuSign Envelope ID: B6884C26-1805-4E11-81BD-D5A783148A90
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 20, 2021
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Charles Mendoza, Director of Asset Management
CharlesM2@cctexas.com
(361) 826-1941
Heather Hurlbert, Director of Finance & Business Analysis
heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Motion awarding a construction contract to EMR Elevator, Inc., Corpus Christi, Texas, to upgrade
the freight traction elevator for the Police Department Headquarters, located in Council District 1,
in an amount of $210,000.00 with FY 2021 funding available from the Bond 2018 Fund.
SUMMARY:
This item awards a construction contract for the Police Headquarters - Elevator Modernization.
The project scope consists of installing a new elevator controls system and replacing the obsolete
fleet traction elevator equipment both mechanical and electrical in nature. The fire protection
system for the elevator will be upgraded to comply with current building and safety codes.
BACKGROUND AND PURPOSE:
The Police Headquarters are located at 321 John Sartain St. The fleet elevator was installed in
1966 and serves four floors. Mechanical upgrades are needed to replace original components,
many of which have exceeded their average maintainable life expectancy of 20-25 years.
Mechanical upgrades include a new modern elevator control panel, elevator machine, car
including door operator assembly, car operating panel and interior finishes. The car guide rails will
be re-furbished, and fasteners tightened, and re-aligned as required. General cosmetic
refurbishing of the pit area to include the access ladder and pit walls. Any excess debris will be
Construction Contract
Police Department Headquarters – Fleet Elevator Modernization
(Bond 2018 Proposition E)
removed as required. A new hallway call button station, hallway position sensor, hall lantern and
designator plaques are to be installed at each floor. Fire Alarm System Upgrades include a hoist-
way heat detector interfaced with fire alarm system; smoke detectors will be interfaced with fire
alarm system at each floor. Upon project completion, the fleet elevator will conform to all current
building and safety codes.
PROJECT TIMELINE:
2021
July – October
Construction
Project schedule reflects City Council award in July 2021 with anticipated construction completion
by October 2021.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued a Request for Bids on April 12, 2021. The
City received bids from one bidder. The City analyzed the bid in accordance with the contract
documents and determined EMR Elevator, Inc. is the lowest responsive, and responsible bidder.
City hasn’t been receiving competitive bids on the recent elevator upgrade projects due to the
industry limitations. As the lowest bids received was within the acceptable range of Engineer’s
Opinion of Probable Construction Cost City decided to proceed with the project.
BID SUMMARY
CONTRACTOR BASE BID
EMR Elevator Inc. $210,000.00
Engineer’s Opinion of Probable
Construction Cost $434,052.00
EMR Elevator Inc. has been servicing and renovating many of the elevators at City facilities for
several years and is deemed competent to complete this project. Most recently they renovated the
elevator for Frost Bank located at 2406 Leopard Street and for the Health Department and
Museum of Science and History. They have also been awarded the City Hall and La Retama
Library elevator renovations.
ALTERNATIVES:
City Council could instruct staff to reject the bids and provide direction to re-advertise, however,
this is not likely to produce a better bid, and would also postpone the required work further
impacting the elevator operations at Police Headquarters.
FISCAL IMPACT:
The fiscal impact in FY 2021 is an amount of $210,000.00 with funding available from the Bond
2018 Fund.
FUNDING DETAIL:
The Capital Improvement Program reflects the Police Headquarters – Fleet Elevator
Modernization project and it is ready to be implemented.
Fund: Police 2020, Bond 2018 (Fund 3343)
Mission Elem: Law Enforcement (151)
Project: Police Department Headquarters Fleet Elevator (18176D)
Account: Construction (550910)
Activity: 18176-D-3343-EXP
Amount $210,000
RECOMMENDATION:
Staff recommends awarding a construction contract for Police Department Headquarters Fleet
Elevator Modernization to EMR Elevator for upgrading the fleet elevator.
LIST OF SUPPORTING DOCUMENTS:
Location Maps
Bid Tab
CIP Page
37
181
37
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
POLICE HEADQUARTERS FLEET
ELEVATOR MODERNIZATION
VICINITY MAP
NOT TO SCALE PROJECT NUMBER: 18176A
PROJECT LOCATION
PROJECT LOCATION
LOCATION MAP
NOT TO SCALE
N
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
POLICE HEADQUARTERS FLEET
ELEVATOR MODERNIZATION
AERIAL MAP
NOT TO SCALE PROJECT NUMBER: 18176A
PROJECT LOCATION
COOP
E
R
S
A
L
L
E
Y
WILLI
A
M
S
T
BLOO
M
I
N
G
T
O
N
S
TMESQUITE ST.N. UPPER BROADWAYS. SHORELINE BLVD.LIPAN STJOHN
S
A
R
T
A
I
N
S
T N. WATER ST.MESQUITE ST.
Item Description Unit Quantity EMR Elevator Total
A1 Mobilization and Demobilization (Not to exceed 5%)LS 1 $0.00 $0.00
A2 Bonds and Insurance (Not to exceed 2%)AL 1 $3,234.00 $3,234.00
$3,234.00
B1 Elevator Modernization Package LS 1 $138,466.00 $138,466.00
$138,466.00
C1 Miscellaneous Mechanical LS 1 $10,000.00 $10,000.00
C2 Miscellaneous Electrical LS 1 $10,000.00 $10,000.00
$20,000.00
D1 Allowance for Unforseen Conditions AL 1 $44,000.00 $44,000.00
D2 Allowance for Permits AL 1 $4,300.00 $4,300.00
$48,300.00
$210,000.00Grand Total
Sub Totals
Part 3 C (Mechanial and Electrical)
Sub Totals
Part 4 D (Allowances)
Sub Totals
Bid Tab - Police Headquarters Fleet Elevator Modernization (Bond 2018)
Base Bid
Part 1 A (General)
Sub Totals
Part 2 B (Elevator Upgrades)
Capital Improvement Plan
City of Corpus Christi, Texas
2019 2023
thru
Description
Police Headquarters needs multiple repairs and improvements; such as parking lot repavement, elevator renovations, mechaincal / electrical
plumbing and roof improvements.
Project #18176A
Priority 2 Critical- Asset Condition\longe
Justification
The current condition of the building is not conducive to a productive, comfortable working environment. Additionally, damage to furniture and
fixtures are taking place due to the facilities problems and disrepair.
Budget Impact/Other
There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on-
going or maintenance costs.
Useful Life 40 years
Project Name Police Headquarters
Category Building Rehabilitation
Type Improvement/Additions
Contact Police Chief
Department Police Department
Status Active
Total2019 2020 2021 2022 2023Expenditures
1,591,0001,591,000Construction/Rehab
115,500115,500Inspection
465,200 94,433Design
69,30069,300Engineering Svc
69,00069,000Admin Reimbursement
163,733 2,146,267 2,310,000Total
Total2019 2020 2021 2022 2023Funding Sources
2,310,000163,733 2,146,267G.O. Bond 2018
163,733 2,146,267 2,310,000Total
370,767
487
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 20, 2021
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
CAPTION:
Motion authorizing the execution of Change Order No. 1 with Western Specialty Contractors,
Selma, Texas, for the Seawall Capital Repairs, to pressure wash the Seawall from McGee Beach
to the Barge Dock and amenities such as eight miradors, the Selena Memorial, sidewalk, and
benches in an amount of $162,500.00, located in Council District 1, for a total contract value not to
exceed $1,261,004.60, with FY 2021 funding available from the Seawall Capital Fund.
SUMMARY:
This Change Order addresses the necessary additional scope items at the Seawall from McGee
Beach to the Barge Dock. The additional scope of work includes pressure washing the seawall
(from the painted top step to the bottom step), sidewalk, and the nine miradors (eight miradors
including the Selena Memorial).
BACKGROUND AND PURPOSE:
The Corpus Christi Seawall was originally constructed from 1939 to 1942. With the initiation of the
Seawall Maintenance sales and use tax, a major project to repair the Seawall was completed in
2007 to address structural deterioration that had accumulated since the original construction. This
project had a total cost of $43.4 million and was intended to extend the economic life of the Seawall
by 50 years. This project is intended to address minor maintenance issues and has funding
programmed in the CIP.
On March 30, 2021 City Council approved the Seawall Capital Repairs project. The project includes
maintenance repairs to the seawall (approximately 9,300-feet) and the eight Mirador concrete
structures that are along the seawall including the Selena Memorial. The project scope includes
concrete surface repairs, joint repairs, re-painting top step, skate stop installation on top step along
length of seawall, replacement drinking water fountains at Miradors 5 and 8 and other minor work
required to preserve the condition of the seawall. The project also includes repairs to the eight
Mirador concrete structures, the Selena Memorial; and repair of the retaining wall structures at the
intersections of Coopers Alley, Lawrence Street T-Head, and Peoples Street T-Head and
installation of stainless-steel handrails at Lawrence St and Peoples St T-Head stairs. Most repairs
are minor and consistent with routine maintenance of concrete marine structures. An allowance is
Construction Change Order
Seawall Capital Repairs
provided to install new drinking water fountain repairs at Mirador 1.
This item includes additional scope for pressure washing the Seawall (from the painted step to the
bottom step), sidewalk, and the nine miradors (eight miradors including the Selena Memorial). This
pressure washing will include each location outlined from McGee Beach to the Barge Dock.
Originally, the project scope included pressure washing for the first step of the seawall. This change
order was requested to include pressure washing of the entire seawall, sidewalk and the miradors
as mentioned previously.
Table 1. Change Order No. 1 Summary
Description Amount Additional Requested Days
Pressure Washing the Seawall $110,000.00 14
Pressure Washing the Sidewalk $40,000.00 14
Pressure Wash the nine (9)
Miradors
$12,500.00 14
Total Change Order Amount $162,500.00 14
PROJECT TIMELINE:
The project is currently under construction since April 2021 with anticipated completion by October
2021. This change order will add 14 construction days to the timeline of the project.
FISCAL IMPACT:
The fiscal impact in FY 2021 is an amount of $162,500.00 to be funded through the Seawall Capital
Fund. This will result in the additional expenditure of a total amount not to exceed $1,261,004.60
for the contract. The project has sufficient funding to cover the additional expenses from the
contingency allocation.
FUNDING DETAIL:
The Capital Improvement Program (CIP) shows that the project budget is planned for FY 2021.
Fund: Seawall System CIP Fund (Fund 3271)
Mission Element: Economic Development (ME #707)
Project No.: Seawall Capital Repairs (Project #E17041)
Account: Construction Contract (Account #550910)
Activity: E17041-01-3271-EXP
Amount: $162,500.00
RECOMMENDATION:
Staff recommends approval of Change Order No. 1 in the amount of $162,500.00, with Western
Specialty Contractors to include pressure washing for the Seawall Capital Repairs. Construction is
anticipated to be substantially completed in October 2021
LIST OF SUPPORTING DOCUMENTS:
Location Map
Change Order
CIP Page
P O R T CHAPARRALSHORELI
NEP A R K
BROADWAY
A N T E L O P E
L I P A N
F U R M A NTANCAHUALAREDO
B R E W S T E R
B U F O R D BURNSH A N C O C KKINGWACOLIPAN
SEAWALL CAPITAL REPAIRS
Location Map
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES
Project
PROJECT NO. E17041
.
McGee Beach
P O W E R
BARGE DOCK
P E O P L E 'S
LAWRENCE
COOPERS ALLEY
Holiday Inn Emerald Beach
Mirador #8
Mirador #7
Mirador #6
Mirador #5
Selena Memorial
Mirador #4
Mirador #3
Mirador #2
Mirador #1
Legend:
Seawall
Capital Improvement Plan
City of Corpus Christi, Texas
2019 2023
thru
Description
The Corpus Christi Seawall was originally constructed from 1939 to 1942. With initiation of the Seawall Maintenance sales and use tax, a major
project was completed in 2007 ($43.4 million) to address advanced levels of deterioration of the Seawall system. Funding levels programmed in
the CIP are anticipated to address routine maintenance issues. Subsequent major reconstruction is scheduled after expiration of current one-
eighth cent sales and use tax. Design and Construction contracts will be issued to address needed repairs this FY.
Project #E17041
Justification
Consistency with the Comprehensive Plan: Policy Statements pg. 48: 3 & 6
Budget Impact/Other
There is no operational impact with this project.
Useful Life 40 years
Project Name Seawall Capital Repairs
Category Site Improvements
Type Reconditioning-Asset Longevit
Contact Director of Engineering
Priority 2 Critical- Asset Condition\longe
Department Health & Safety Other
Status Active
Total2019 2020 2021 2022 2023Expenditures
3,208,90017,300 991,600 1,000,000 200,000 1,000,000Construction/Rehab
50,00050,000Inspection
150,000150,000Design
300,000300,000Contingency
17,300 991,600 1,500,000 200,000 1,000,000 3,708,900Total
Total2019 2020 2021 2022 2023Funding Sources
3,708,90017,300 991,600 1,500,000 200,000 1,000,000Type A/B Sales Tax
17,300 991,600 1,500,000 200,000 1,000,000 3,708,900Total
486
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Richard Martinez, Director of Public Works
richardm5@cctexas.com
(361) 826-3419
Heather Hurlbert, Director of Finance & Business Analysis
heatherh3@cctexas.com
(361) 826-3227
CAPTION:
Motion authorizing Amendment No. 1 to a professional services contract with Freese & Nichols
Inc., Corpus Christi, Texas, to provide design, bid, and construction phase services for the
reconstruction of Everhart Road from South Padre Island Drive to McArdle Road, located in City
Council District 2, in an amount of $361,859.00 for a total amount not to exceed $411,851.00 with
funding available from the Bond 2018, Storm Water, Water, and Gas Funds.
SUMMARY:
This motion authorizes approval of Amendment No. 1 to a professional services contract for
design, bid, and construction phase services for the construction of Everhart Road from South
Padre Island Drive to McArdle Road. The project improvements include new pavement
reconstruction, curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement
markings, and utility upgrades.
BACKGROUND AND FINDINGS:
Everhart Road from South Padre Island Drive to McArdle Road is 0.25 miles in length and is
classified as an A-1 Minor Arterial Undivided Street (two through-lanes in each direction with a
continuous center turn lane) that was originally expanded from a rural two-lane section in 1962.
The roadway was originally constructed in 1962 with reconstruction in 1981 and sealcoat done in
1994. This portion of Everhart Road provides access primarily to adjacent residential
neighborhoods, and small to medium size businesses.
Professional Services Amendment 1
Everhart Road – South Padre Island Drive to McArdle Road
(Bond 2018, Proposition B)
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 20, 2021
The proposed project will maintain the same roadway width while providing a new pavement, ADA
compliant curb ramps, driveways, drainage improvements, new signage, pavement markings,
and utility upgrades. This Bond 2018 project was delayed to be designed and constructed
concurrently with the Bond 2020 Everhart from McArdle Road to Staples Street and Staples Street
to Alameda Street. The Everhart Road Bond 2018 and Bond 2020 projects when completed will
provide an approximately 1.30 miles of new pavement.
An initial small A/E contract in the amount of $49,999 was previously authorized to develop a
preliminary Engineering Letter Report which would complete conceptual design and better define
the scope, cost, and schedule for the project.
PROJECT TIMELINE:
2021 - 2022 2022 – 2022 2022-2024
July - June July-September October – September
Design Bid/Award Construction
Project schedule reflects City Council award of design contract starting in July 2021 with design
completion in June 2022. The anticipated project construction will begin in October 2022 with
proposed completion in September 2024.
COMPETITIVE SOLICITATION PROCESS:
Freese & Nichols was selected for the Bond 2018 Everhart Road Project in February 2019 under
RFQ 2018-10. Everhart Road was one of thirty-two selections that were announced under the
Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category
and thirteen firms were selected. Freese & Nichols Inc. was among one of the thirteen qualified
firms selected in the Transportation Category, and Everhart Road was one of their preferred
projects.
The selection committee with representatives from the Street Department and Engineering
Services ranked Freese & Nichols qualifications based on five factors: 1) experience of the firm,
2) experience of the key personnel with specific experience with multiple Bond street programs
and local utilities, 3) project approach and management plan, 4) capacity to meet the project
requirements and timelines, and 5) past performance.
Freese & Nichols has completed other projects for the City, such as Staples Street from Kostoryz
Road to Brawner Parkway, Ocean Drive from Louisiana Avenue to Buford Street, Yorktown
Boulevard from Everhart Road to Staples Street, Ayers Street from Ocean Drive to Alameda
Street, and Downtown Street Traffic Signals and Area Improvements.
ALTERNATIVES:
Any alternative to awarding this contract to Freese & Nichols Inc., will delay construction of the
project and impede the completion of Bond 2018 street projects in a timely manner and within
budget.
FISCAL IMPACT:
The fiscal impact for FY 2021 is an amount of $411,851.00 with funding available from the Bond
2018, Storm Water, Water and Gas Funds.
FUNDING DETAIL:
The CIP shows that the project is planned for FY 2022 and FY 2023. The project is ready to be
implemented and the expenditures shown in the CIP need to be revised to reflect the design of
this project. The total expenditures to date on this project are approximately $49,599.00.
Fund: ST2020 Bond 18 Proposition 2 (Fund 3557)
Mission Elem: Street Pavement Maintenance (051)
Project: Everhart Road – South Padre Island Drive to McArdle Road (Project No. 18015A)
Account: Outside Consults (550950)
Activity: 18015-A-3557-EXP
Amount: $214,026
Fund: StrmWtr 2020 (Fund 4532)
Mission Elem: Storm Water Drainage (043)
Project: Everhart Road – South Padre Island Drive to McArdle Road (Project No. 18015A)
Account: Outside Consults (550950)
Activity: 18015-A-4532-EXP
Amount: $61,861.00
Fund: Water 2020 (Fund 4099)
Mission Elem: Water Distribution System (041)
Project: Everhart Road – South Padre Island Drive to McArdle Road (Project No. 18015A)
Account: Outside Consults (550950)
Activity: 18015-A-4099-EXP
Amount: $74,573.00
Fund: Gas Cap Reserve (Fund 4560)
Mission Elem: Gas Distribution System (022)
Project: Everhart Road – South Padre Island Drive to McArdle Road (Project No. 18015A)
Account: Outside Consults (550950)
Activity: 18015-A-4560-EXP
Amount: $11,399.00
RECOMMENDATION:
Staff recommends award of the contract to Freese & Nichols in the amount of $361,859.00. The
design phase will start in July 2021 with design completion planned in July 2022. Construction is
planned to start in October 2022 with the anticipated project completion in November 2024.
LIST OF SUPPORTING DOCUMENTS:
Location Maps
Contract Amendment #1
CIP Page
McARDLE
EVERHARTWYNONAWALTHAMWILLOWBROOKMT VERNONMILDRED
MT VERNON/SPIDBRANSCOMB MT VERNON
EVERHART ROAD -SOUTH PADRE ISLAND DRIVETO MCARDLE ROAD
Location Map
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES
Proje ct L oca tion
PROJECT NO. 18015ANUECES RIVER.
800 N. Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401 361-561-6500 fax 361-561-6501 www.freese.com
June 2, 2021
Mr. Jeff Edmonds, P.E.
Director of Engineering Services
City of Corpus Christi
P. O. Box 9277
Corpus Christi, TX 78469-9277
Re: Everhart Road from SPID to McArdle Rd. - Bond 2018, Proposition B, City Project No. 18015A
Amendment No. 1
Freese and Nichols Professional Design Services Proposal
Dear Mr. Edmonds,
Freese and Nichols, Inc. (FNI) is pleased to provide our Amendment #1 to the Engineering Services proposal
for Everhart Road – SPID to McArdle Rd. Bond 2018, Proposition B (City Project No. 18015A). We understand
the Everhart Road – SPID to McArdle Road project scope may include, but not be limited to the activities
listed in the attached Exhibit A.
Project Assumptions:
1. The intersection of SPID and Everhart is located in TxDOT Right-of Way and will not be designed,
modified, or included in the permanent improvements for this project. It is assumed that any future
TxDOT construction or modifications of the SPID/Everhart intersection will not impact the project
design and schedule.
2. Detailed stormwater modeling including hydrologic impact analysis is not included in the scope.
3. Detailed street lighting design including lighting distribution and photometric analysis is not included
in this scope of work. FNI will assist the City in developing recommendations for the street lighting
to be consistent with the future City Street Lighting Policy that has not yet been adopted.
Anticipated Drawing Register for the Everhart Road (SPID to McArdle Road) is as follows:
• Quantities Summary Sheet 01 – HMAC
• Quantities Summary Sheet 02 - Concrete
• Existing and Proposed Cross Sections Sta. 4+00
• Existing and Proposed Cross Sections Sta. 8+00
• Existing and Proposed Cross Sections Sta.12+00
• Project Location Map and Alignment Layout
• Existing Topo Plan Sta 0+00 to Sta 4+80
• Existing Topo Plan Sta 4+80 to Sta 9+60
• Existing Topo Plan Sta 9+60 to End
• Project Control Points 01
• Project Control Points 02
• Storm Water Drainage Areas
• Proposed Storm Water Analysis
• Demolition/Removal Summary
• Existing Waterline Base map
DRAFT
• Existing Wastewater Base map
• Existing Storm Water Base map
• Existing Gas line Base map
• Street and Storm Water P&P Sta 0+00 to Sta 4+80
• Street and Storm Water P&P Sta 4+80 to Sta 9+60
• Street and Storm Water P&P Sta 9+60 to End
• Storm Water Profiles 01
• Storm Water Profiles 02
• Storm Water Profiles 03
• Storm Water Profiles 04
• Curb Ramp Details 01
• Curb Ramp Details 02
• Bus Stop Shelter Pad Plans
• Bus Stop Shelter Pad Details
• HMAC Pavement Details
• Rigid Pavement Details
• Storm Water Misc. Details 01
• Storm Water Misc. Details 02
• Water P&P Sta 0+00 to Sta 4+80
• Water P&P Sta 4+80 to Sta 9+60
• Water P&P Sta 9+60 to End
• Waterline Laterals 01
• Waterline Laterals 02
• Water Details
• Conduit Layout Plan Sta 0+00 to End
• Striping Plan Sheet 1
• Striping Plan Sheet 2
• Signage Plan Sheet 1
• Signage Plan Sheet 2
• Typical Standard Pavement Markings Plan
• Position Guidance using Raised Markers Plan
• Pavement Markings for Two - Way Street Plan
• Standard Pavement Markings Arrows and Words
• Crosswalk Pavement Marking Details
• Sign Mounting Details Slipbase System
• End of Road Barricade, Traffic Sign Assembly
• Storm Water Pollution Prevention Plan Sheet 1
• Storm Water Pollution Prevention Plan Sheet 2
• SW3P Plan Notes
• SW3P Permit issues and Comments (EPIC)
• SW3P Details
• Curb, Gutter and Sidewalk Standard Details
• City of CC Pedestrian Curb Ramp Details #1-4
• City of CC Driveway Standard Details #1-3
• City of CC Storm Water Standard Details #1-3
• City of CC Water Standard Details #1-4
DRAFT
We are pleased to offer these authorized services under these conditions and assumptions for
$441,971.00. Additional services not authorized are yet to be determined in regard to scope and fee.
We look forward to working with your team on this project. Please feel free to contact me at
361.561.6510 if you have any questions.
Respectfully,
Freese and Nichols, Inc.
Ron Guzman, P.E.
Vice President/Principal
Attachments
DRAFT
EXHIBIT “A”
Page 1 of 12
Revised 23 April 2019
EXHIBIT “A”
CITY OF CORPUS CHRISTI, TEXAS
EVERHART ROAD – S.P.I.D. TO MCARDLE RD.
PROJECT NO. 18015A
BOND ISSUE 2018
I. SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design
Phase services may include Design Development as applicable to Architectural/Engineering
services.
1. Preliminary Phase.
The Architect/Engineer (A/E), also referred to as Consultant, will:
a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within
five working days of the meeting.
b) Provide recommended geotechnical investigations scope and coordinate testing
with City’s geotechnical Consultant. Proposed sites shall be approved by the City
Project Manager prior to performing geotechnical investigation.
c) Request and review available reports, record drawings, utility maps and other
information provided by the City pertaining to the project area.
d) Develop preliminary requirements for utility relocations, replacements or upgrades.
Coordinate with the City’s Project Manager and identify Operating Departments
potential Project needs.
e) Develop preliminary typical street sections and pavement sections, incorporating
the City’s Geotechnical Consultant’s recommendations. All streets shall be
designed with flexible and rigid pavements.
f) Identify preliminary right-of-way acquisition requirements and illustrate on a
schematic strip map.
g) Prepare preliminary opinions of probable construction costs for the recommended
improvements.
h) Develop a Drainage Area Map showing the existing and proposed drainage basins
served by the Project storm system.
i) Conduct preliminary hydraulic analysis to quantify the storm water design of
existing and proposed systems.
j) Identify electric and communication utility companies and private pipeline
companies that may have existing facilities and must be relocated to accommodate
the proposed improvements. Submit a list of identified companies to the City.
k) Conduct preliminary analysis of lighting and traffic signalization, including existing
equipment, above/below ground electrical service, lane designations, etc.
Coordinate signal requirements with City Street Department. Provide
recommendations for improvements/upgrades.
l) The AE will participate in discussions with the Operating Department;
Development Services and other agencies (such as the Texas Department of
Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ)
as required to satisfactorily complete the Project. Any directions or changes to
scope provided by the Operating Department or other agencies shall be reviewed
DRAFT
EXHIBIT “A”
Page 2 of 12
Revised 23 April 2019
with the City Engineering Department PM prior to including/excluding from the
scope of work.
m) Identify and analyze requirements of governmental authorities having jurisdiction
to approve design of the Project including permitting, environmental, historical,
construction, and geotechnical issues; upon request or concurrence of the Project
Manager, coordinate with agencies such as RTA, USPS, affected school districts
(CCISD, FBISD, etc.), community groups, etc.
n) Identify and recommend public outreach and community stakeholder
requirements.
o) Request and review traffic counts from the City PM.
p) Prepare an Engineering Letter Report (20 – 25 page main-body text document with
supporting appendices) that documents the analyses, approach, opinions of
probable construction costs, and document the work with text, tables, schematic-
level exhibits and computer models or other applicable supporting documents
required per City Plan Preparation Standards (CPPS). The Engineering Letter
Report to include:
1. Provide a concise presentation of pertinent factors, sketches, designs,
cross-sections, and parameters which will or may impact the design,
including engineering design basis, preliminary layout sketches,
construction sequencing, alignment, cross section, geotechnical testing
report, sealed survey including topographic, right-of-way and utilities
location information (per scope in Topographic and Right-of-Way (ROW)
Survey services), right-of-way requirements, conformance to master plans,
identification of needed additional services, identification of needed permits
and environmental consideration, existing and proposed utilities, existing
electric and communication utility companies and private pipeline
companies, identification of quality and quantity of materials of
construction, and other factors required for a professional design.
2. Include existing site photos with location key map.
3. Provide opinion of probable construction costs.
4. Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; meet as
City agent or with City participation and coordinate with agencies such as
TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc.
5. Summary of Geotechnical Report findings and criteria for pavement design,
including the projected growth rate, 30-year ESAL estimate and SN value,
30-year pavement recommendation, etc.
a. Analyze proposed pavement options and provide recommendation for
most cost-effective pavement section that accommodates traffic
requirements, budget constraints, utility needs, etc.
6. Provide preliminary index of anticipated drawings and specifications.
7. Provide a preliminary summary table of anticipated required ROW parcels
q) Submit one (1) copy in an approved electronic format, and three (3) hard copies of
the Draft Engineering Letter Report.
r) Initiate ELR submittal discussion with City PM to brief PM on any concerns or
issues prior to distribution of ELR submittal.
s) Participate in Project review meeting with City staff and others on the Draft
Engineering Letter Report as scheduled by City Project Manager.
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t) Address review comments and questions and provide written responses to the City
PM.
u) Assimilate all City review comments into the Final Engineering Letter Report
(ELR). Provide one (1) electronic and one (1) hard copy using City Standards as
applicable and suitable for reproduction.
City staff will provide electronic copies of the following information (as applicable and
requested through the City PM):
a) Electronic index and database of City’s Record Drawing and record information.
b) Record Drawings and record information as available from City Engineering files.
c) The preliminary budget, specifying the funds available for construction.
d) A copy of existing studies and plans (as available from City Engineering files).
e) Copy of Geotechnical Investigation Report.
f) Traffic counts.
g) Benchmarks and coordinates
City staff will provide the following services:
a) Field location of existing utilities
a. Through 811
b. Through A/E coordination with City Operating Departments
c. Through MH location and opening
d. Through sharing of pipe video or service records as requested
Note: Applicable Master Plans and GIS mapping are available on the City’s website. The
records provided for A/E’s use under this Contract are proprietary, copyrighted,
and authorized for use only by A/E, and only for the intended purpose of this
project. Any unauthorized use or distribution of the records provided under this
Contract is strictly prohibited.
2. Design Phase.
Upon approval of the preliminary phase, designated by receiving authorization to proceed
from the City Project Manager, the A/E will:
a) Provide coordination with electric and communication utility companies and private
pipeline companies that may have existing facilities and must be relocated to
accommodate the proposed improvements. Inform private utility and pipeline
owners whose facilities fall within the project limits of the proposed improvements.
Identify areas of potential conflicts. Coordinate with private utility and pipeline
owners to obtain needed locations of their respective utility/pipeline, including
Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary
adjustments and provide a project schedule to utility/pipeline owner. Provide
utility/pipeline relocation schedule to the City and update monthly.
b) Coordinate with AEP and City Traffic Engineering to identify location of electrical
power conduit for street lighting and traffic signalization.
c) Identify the approximate locations and areas of existing utilities and pipelines that
may have a significant potential impact on the proposed features or utilities and for
which the existing location(s) cannot be adequately determined by the SUE
investigation up to and including Level B, and which require a Level A exploratory
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excavation during the design phase. These critical locations and their basis of
potential impact are to be clearly provided on a layout for the City PM.
d) Provide assistance to identify potential needs for testing, handling and disposal of
any hazardous materials and/or contaminated soils that may be discovered during
construction (to be included under additional services).
e) Prepare Construction Documents in City standard format for the work identified in
the approved ELR. Construction plans to include improvements or modifications
to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems
within the Project limits, per the Project scope. Include standard City of Corpus
Christi detail sheets and specifications as applicable to the Project.
1. Prepare construction plans in compliance with CPPS using English units
on full-size (22” x 34”).
2. Prepare Traffic Control and Construction Sequencing Plans. The TCP will
include construction sequencing, typical cross section and construction
phasing plan sheets, warning and barricades, as well as standards sheets
for barricades, traffic control plan, work zone pavement markings and
signage.
3. Provide pollution control measures and BMP layout for the Contractor’s
Storm Water Pollution Prevention Plan, using the City Standard Notes and
BMP Detail Sheets as applicable.
4. Include computer model results and calculations used to analyze drainage.
f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half-
size (11” x 17”) hard copies using City Standards as applicable to City staff for
review and approval purposes with 60% estimates of probable construction costs.
Identify distribution list for plans and bid documents to all affected franchise utilities
and stakeholders.
1. Required with the interim plans is:
a. Design Submittal Packet Checklist
b. Executive Summary of the 60% submittal,” which will identify and briefly
summarize the Project by distinguishing key elements of the Project,
decisions made, outstanding issues, items TBD, Opinion of Probable
Construction Costs (OPCC) compared to construction budget and the
schedule with changes identified.
c. Project Submittal Checklist
d. Drawing Review Checklist
e. OPCC
f. Drawings
g. Draft Table of Contents with specification list
2. Initiate 60% submittal discussion with City PM to brief PM on any concerns
or issues prior to distribution of 60% submittal.
g) Participate in Project 60% review meeting. Prepare and distribute meeting
meetings to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and upon confirmation from the City PM
proceed to the 90% design.
h) Submit three (3) sets of the pre-final plans and bid documents (90% submittal)
in electronic and half-size hard copies using City Standards as applicable to City
staff for review and approval purposes. Include the 90% estimate of probable
construction costs, 90% submittal Executive Summary, Submittal Packet, Project,
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and Drawing Checklists, responses to previous review comments and the Contract
Document Book with in-line Track Changes in red to identify all proposed edits to
the City Construction Contracts.
i) Participate in Project 90% review meeting. Prepare and distribute meeting
meetings to attendees within five working days of the meeting. Assimilate all
review comments, as appropriate, and proceed to the pre-ATA submittal.
j) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in
electronic and half-size hard copy using City Standards as applicable for City’s
Pre-ATA review. Include the pre-ATA OPCC and written responses to previous
review comments. The pre-ATA (100%) submittal will not include a full distribution
and review unless in the opinion of the City Project Manager the questions from
the previous review have not been adequately addressed or resolved in the pre-
ATA submittal. If this occurs, the PM may request additional distribution, meeting,
review and related revisions at no additional cost to the City. See item (l) below.
k) Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the
final plans and contract documents (signed and sealed, electronic and half-size
hard copy using City Standards as applicable) suitable for reproduction. Said bid
documents henceforth become the shared intellectual property of the City of
Corpus Christi and the Consultant. The City agrees that any modifications of the
submitted final plans (for other uses by the City) will be evidenced on the plans
and be signed and sealed by a professional engineer prior to re-use of modified
plans.
l) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all
submittals accurately reflect the percent completion designated and do not
necessitate an excessive amount of revision and correction by City. Additional
revisions or design submittals are required (and within the scope of Consultant’s
duties under this Contract) if, in the opinion of the City Engineer or designee,
Consultant has not adequately addressed City-provided review comments or
provided submittals in accordance with City standards.
m) Prepare and submit Monthly Status Reports to the Project Manager no later than
the last Wednesday of each month with action items developed from monthly
progress and review meetings.
The City staff will:
a) Designate an individual to have responsibility, authority, and control for
coordinating activities for the Project.
b) Provide the budget for the Project specifying the funds available for the
construction contract.
c) Provide electronic copy the City’s Standard Specifications, Standard Detail sheets,
Front End Contract Documents, and forms for required bid documents.
3. Bid Phase.
The A/E will perform bid phase activities on a time and materials basis in accordance with
Attachment CO to include the following:
a) Participate in the pre-bid conference to discuss scope of work and to answer scope
questions.
b) Review all questions concerning the bid documents and prepare any revisions to
the plans, specifications and bid forms that may be necessary.
c) Attend bid opening and assist with the evaluation of bids.
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d) Assist with the review of the Contractor’s Statement of Experience and confirm it
meets Contract requirements.
e) For bids over budget, the A/E will confer with City staff and provide and, if
necessary, make such revisions to the bid documents as the City staff deems
necessary to re-advertise the Project for bids.
f) Provide two (2) hard copy sets and one (1) electronic set of conformed drawings
and conformed Contract Documents (PDF and original format {CAD/word/etc.}) to
the City.
The City staff will:
a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any
addenda, prepare bid tabulation and conduct the bid opening.
b) Coordinate the review of the bids with the A/E.
c) Prepare agenda materials for the City Council concerning bid awards.
d) Prepare, review and provide copies of the Contract for execution between the City
and the Contractor
4. Construction Administration Phase.
The A/E will perform construction administration activities on a time and materials basis in
accordance with Attachment CO to include the following:
a) Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacting the project.
b) Review Contractor submittals and operating and maintenance manuals for
conformance to Contract Documents.
c) If requested by the City, review and interpret field and laboratory tests.
d) Provide interpretations and clarifications of the Contract Documents for the
Contractor and authorize required changes, which do not affect the Contractor’s
price and are not contrary to the general interest of the City under the Contract as
requested by the Owner’s Authorized Representative (OAR).
e) Make periodic visits to the site of the Project to confer with the City Project
Inspector and Contractor to observe the general progress and quality of work, and
to determine, in general, if the work is being done in accordance with the Contract
Documents. This will not be confused with the project representative observation
or continuous monitoring of the progress of construction.
f) Provide interpretations and clarifications of the plans and specifications for the
Contractor and recommendations to the City for minor changes which do not affect
the Contractor’s price and are not contrary to the general interest of the City under
the Contract as requested by the OAR
g) Attend final inspection with City staff, provide punch list items to the City’s
Construction Engineers for Contractor completion, and provide the City with a
Certificate of Completion for the Project upon successful completion of the Project.
h) Review Contractor-provided construction “red-line” drawings. Prepare Project
Record Drawings and provide a reproducible set and electronic file (both PDF and
AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line
drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and
graphics data will be in .dxf format with each layer being provided in a separate
file. Attribute data will be provided in ASCII format in tabular form. All electronic
data will be compatible with the City GIS system. The Record Drawings should
incorporate the Contractor’s red-lines and identify all changes made during
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construction. The Drawing Cover and each sheet should be clearly identified as
the Record Drawing and should indicate the basis and date.
i) When requested by the OAR, assist in addressing Request for Information (RFI)
submitted by the Contractor.
The City staff will:
a) Prepare applications/estimates for payments to Contractor.
b) Conduct the final inspection with the Engineer.
B. ADDITIONAL SERVICES
This section defines the scope of additional services that may only be included as part of this
contract if authorized by the Director of Engineering Services. A/E may not begin work on any
services under this section without specific written authorization by the Director of Engineering
Services. Fees for Additional Services are an allowance for potential services to be provided and
will be negotiated by the Director of Engineering Services as required. The A/E shall, with written
authorization by the Director of Engineering Services, perform the following:
1. Permit Preparation.
Furnish the City all engineering data and documentation necessary for all required
permits. The A/E will prepare this documentation for all required signatures. The A/E will
prepare and submit identified permits as applicable to the appropriate local, state, and
federal authorities, including:
a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in
the area
b) TxDOT utility and environmental permits, multiple use agreements
c) Wetlands Delineation and Permit
d) Temporary Discharge Permit
e) NPDES Permit/Amendments (including SSC, NOI, NOT)
f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments
g) Nueces County
h) Texas Historical Commission (THC)
i) U.S. Fish and Wildlife Service (USFWS)
j) U.S. Army Corps of Engineers (USACE)
k) United States Environmental Protection Agency (USEPA)
l) Texas Department of Licensing and Regulation (TDLR)
1. Register the project with the Texas Department of Licensing and Regulation
(TDLR) and pay associated fee.
2. Provide copy of Contract Documents along with appropriate fee to TDLR for
review and approval of accessibility requirements for pedestrian improvements
by a Registered Accessibility Specialist (RAS).
3. Coordinate RAS inspection services at the end of construction and pay
associated fee.
m) Texas General Land Office (TGLO)
n) Other agency project-specific permits
2. Topographic and Right-of-Way (ROW) Survey.
All work must comply with Category 1-A, Condition I specifications of the Texas Society
of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas,
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latest edition. All work must be tied to and in conformance with the City’s Global
Positioning System (GPS) control network. All work must comply with all TxDOT
requirements as applicable. Include references tying Control Points to a minimum of two
(2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be
disturbed by construction. Survey sheets shall be sealed, provided to the City and
included in the bid document plan set.
a) Establish Horizontal and Vertical Control.
b) Establish both primary and secondary horizontal/vertical control.
c) Set project control points for Horizontal and Vertical Control outside the limits of
area that will be disturbed by construction.
d) Horizontal control will be based on NAD 83 State plane coordinates (South
Zone), and the data will have no adjustment factor applied – i.e. – the coordinate
data will remain in grid.
e) Vertical control will be based on NAVD 88.
f) All control work will be established using conventional (non-GPS) methods.
Perform topographic surveys to gather existing condition information.
g) Locate proposed soil/pavement core holes as drilled by the City’s Geotechnical
Engineering Consultant.
h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water,
water, IT and gas lines as well as any other lines owned by third-parties and
locate all visible utilities, wells and signs within the apparent ROW width along
project limits. Survey shall include utility marking from the Texas 811 request.
i) Open accessible manholes and inlets to obtain information on structure invert,
type, and size; and all related pipe size, type, invert, orientation, and flow
direction.
j) Everything up to and including Level B subsurface engineering (SUE) is to be
included in Topographic Survey. Surveying services related to Level A SUE are
not included in Topographic and ROW Survey services but shall be provided as
part of the scope of work for SUE below, if needed.
k) Locate existing features within the apparent ROW.
l) Locate and identify trees, at least five inches in diameter, and areas of significant
landscape or shrubs within the apparent ROW.
m) Generate electronic planimetric base map for use in project design.
n) Obtain finished floor elevations of critical and habitable structures along the
roadway corridor as needed to certify drainage design criteria are met.
o) The survey should not stop at the property line, but should extend beyond the
property line as needed to pick up features and surface flow patterns in the
vicinity of the Project that could potentially impact the design or be impacted by
the construction. This includes features such as existing swales or ditches,
foundations, loading docks/overhead doors, driveways, parking lots, etc.
p) Research plats, ROW maps, deed, easements, and survey for fence corners,
monuments, and iron pins within the existing ROW and analyze to establish
existing apparent ROW.
q) Provide a preliminary base map containing apparent ROW, which will be used by
the A/E to develop the proposed alignment and its position relative to the existing
and proposed ROW. This preliminary base map must show lot or property lines,
addresses, and significant business/facility names.
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3. ROW/Easement Acquisition Survey and Parcel Descriptions.
All work must be tied to and conform with the City’s Global Positioning System (GPS)
control network and comply with Category 6, Condition I specifications of the Texas
Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of
Texas, latest edition.
a) Set property corners and prepare right of way strip parcel map depicting all parcels
proposed for acquisition. Metes and bounds descriptions must indicate parent tract
areas based on the most accurate information available. Strip map will show entire
parent tracts at a representative scale and for information only. All existing
easements within the parcels to be acquired and those within adjacent parcels
must be shown.
b) Prepare Metes and Bound Instrument with supporting exhibits as required and
agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements
and temporary construction easements.
c) Prepare individual signed and sealed parcel maps and legal descriptions for the
required right of way acquisition for parcels and easements. A strip map showing
all parcels required will be submitted along with parcel descriptions. If boundary
conflicts between Owners are identified, additional fees may be authorized if
needed. A/E shall submit parcel maps and legal descriptions prior to the 60%
submittal.
d) A/E must obtain Preliminary Title Reports from a local title company and provide
copies of the title reports to the City. Preliminary Title Report shall identify title
ownership and any title encumbrances to all right-of-way to be acquired.
4. Environmental Issues. To Be Determined
As part of the Design Phase, A/E will provide a map depicting the locations of existing
Petroleum Storage Tanks (PSTs) adjacent to Everhart Road. A/E will provide instructions
for the contractor to follow when encountering potentially contaminated soils and/or
groundwater. These instructions will be developed in compliance with applicable EPA,
TCEQ, and City environmental regulations. A construction allowance will be provided for
the handling and/or disposal of contaminated soil or groundwater due to unanticipated
work or unforeseen conditions and/or conflicts related to the work.
5. Public Involvement. To Be Determined
6. Subsurface Utility Investigation (Level A).
SUE investigation for all utilities (City and third party) shall be on a time and materials
basis in accordance with Attachment CO and shall be conducted to Level B as part of
Topographic Survey referenced above and in accordance with ASCE Standard “ASCE C-
I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data”. A sealed Level A SUE report shall be provided to the City and included in the bid
documents as an appendix.
a) Provide subsurface utility engineering in accordance with ASCE Standard “ASCE
C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data” including, but not limited to, hydro-excavation. The
proposed subsurface utility investigation will be as follows:
i) Excavation – The SUE scope includes working with a subsurface utility
excavator to perform Quality Level A investigation of underground utilities
in specified areas through the project limit. Quality Level A includes the
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use of minimally intrusive excavation equipment at critical points to
determine the horizontal and vertical position of underground utilities, as
well as the type, size, condition, material, and other characteristics. Utilities
located at this quality level will be physically located and tied to the
topographic survey control. The utility will be identified, and an elevation
will be obtained to the top of the utility.
7. Construction Observation Services. To Be Determined.
8. Traffic Control.
Provide traffic control design to allow for construction of all proposed improvements.
Consultant shall provide for the design of advanced warning signage, traffic control phases
and associated details for the implementation of all planned traffic control measures. The
Traffic Control Plan will include construction sequencing, typical cross section,
construction phasing sheets, warning and barricades, as well as standard sheets for
barricades, traffic control plan, work zone pavement markings and signage.
Anticipated Drawing Register for the Traffic Control design is as follows:
• Traffic Control Advanced Warning Signage 01
• Traffic Control Advanced Warning Signage 02
• Construction Sequencing Layout
• Sequence of Construction and General Notes
• Traffic Control Sections 01
• Traffic Control Sections 02
• Traffic Control Phase 1 Sheet 01
• Traffic Control Phase 1 Sheet 02
• Traffic Control Phase 2 Sheet 01
• Traffic Control Phase 2 Sheet 02
• Traffic Control Phase 3 Sheet 01
• Traffic Control Phase 3 Sheet 02
• Traffic Control Phase 4 Sheet 01
• Traffic Control Phase 4 Sheet 02
• Traffic Control Phase 5 Sheet 01
• Traffic Control Phase 5 Sheet 02
• Traffic Control Phase 6 Sheet 01
• Traffic Control Phase 6 Sheet 02
• Barricade and Construction Sheets #1-19
9. Signalization Improvements.
Prepare signalization plans, specifications and estimate for the traffic signal and
pedestrian signal improvements at the intersection of Everhart Road and McArdle Road.
Develop design elements using City of Corpus Christi design criteria in TxDOT format and
standards.
10. Warranty Phase.
Provide a maintenance guaranty inspection toward the end of the one-year period after
acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix,
restore, patch, or replace improvement under the maintenance guaranty terms of the
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contract. Document the condition and prepare a report for the City staff of the locations
and conditions requiring action, with its recommendation for the method or action to best
correct defective conditions and submit to City Staff. Complete the inspection and prepare
the report no later than sixty (60) days prior to the end of the maintenance guaranty period.
II. SCHEDULE
Date Activity
June 22, 2021 NTP – Amendment #1
4 weeks from receipt of
Amd. #1 – Large A/E) Final ELR submittal
20 weeks 60% Design Submittal
3 weeks City Review
12 weeks 90% Design Submittal
3 weeks City Review
8 weeks 100% Pre-ATA Submittal
2 weeks City Review
2 weeks Final Sealed Bid Package
10 days Advertise for Bids
15 days Pre-Bid Conference
15 days Receive Bids
2 months Contract Award
5 weeks Begin Construction
24 months Complete Construction
III. FEES
A. Fee for Basic Services.
The City will pay the A/E a fixed fee for providing all “Basic Services” authorized as per the table
below. The fees for Basic Services will not exceed those identified and will be full and total
compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in
performing these services. The fee for this project is subject to the availability of funds. The
Engineer may be directed to suspend work pending receipt and appropriation of funds.
For services provided, A/E will submit monthly statements for services rendered. The statement
will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total
services actually completed at the time of billing. City will make prompt monthly paym ents in
response to A/E’s monthly statements.
B. Fee for Additional Services.
For services authorized by the Director of Engineering Services under Section I.B. “Additional
Services”, the City will pay the A/E a not-to-exceed fee as per the table below.
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Summary of Fees
Amd No. 1 Amd No. 1 Amd No. 1 Amd No. 1 Amd No. 1 Amd No. 1 Total
Basic Services:Contract Streets Storm Water Wastewater Gas Total Contract
1. Preliminary Phase $33,800 $20,737 $6,912 $7,640 $0 $1,091 $36,381 $70,181
2. Design Phase $0 $121,496 $40,499 $44,762 $0 $6,395 $213,151 $213,151
3. Bid Phase (Time & Materials)$0 $5,865 $1,955 $2,161 $0 $309 $10,289 $10,289
4. Construction Administration Phase (Time & Materials)$0 $31,249 $10,416 $11,513 $0 $1,645 $54,823 $54,823
Subtotal Basic Services Fees $33,800 $179,347 $59,782 $66,075 $0 $9,439 $314,644 $348,444
Additional Services Fees (Allowance):
1. Permit Preparation*$0 $4,455 $1,485 $1,641 $0 $234 $7,815 $7,815
2. Topographic and ROW Survey*$16,192 $4,793 $1,598 $1,766 $0 $252 $8,409 $24,601
3. ROW/Easement Acquisition Survey and Parcel Descriptions*$0 $3,411 $1,137 $1,257 $0 $180 $5,985 $5,985
4. Environmental Issues TBD TBD TBD TBD TBD TBD TBD TBD
5. Public Involvement TBD TBD TBD TBD TBD TBD TBD TBD
6. Subsurface Utility Investigation* (Level A)(Time & Materials)$0 $14,250 $4,750 $5,250 $0 $750 $25,000 $25,000
7. Construction Observation Services TBD TBD TBD TBD TBD TBD TBD TBD
8. Traffic Control*$0 $29,892 $9,964 $11,013 $0 $1,573 $52,442 $52,442
9. Signalization Improvements*$0 $13,500 $4,500 $4,974 $0 $711 $23,684 $23,684
10. Warranty Phase*$0 $2,275 $758 $838 $0 $120 $3,992 $3,992
Subtotal Additional Services Fees $16,192 $72,576 $24,192 $26,739 $0 $3,820 $127,327 $143,519
Total Fee $49,992 $251,923 $83,974 $92,814 $0 $13,259 $441,971 $491,963
*Additional Services authorized in coordination with the notice to proceed for Basic Services.
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Capital Improvement Plan
City of Corpus Christi, Texas
2019 2023
thru
Description
This project consists of reconstruction of existing roadway with new pavement, curb & gutter, sidewalk, ADA compliant curb ramps, signage,
pavement markings, traffic signalization improvements, and concrete bus pads. Consideration will be given for improvements to bike mobility per
the adopted MPO bicycle mobility plan.
Project #18015A
Justification
Consistency with the Comprehensive Plan; Policy Statements pp. 25-32; Transportation Master Plan. This project will improve the road and
accommodate heavier traffic flows and provide a safer driving experience.
Budget Impact/Other
There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on-
going or maintenance costs.
Useful Life 25 years
Project Name Everhart Road (SPID to McArdle Rd)
Category Street-Rehabilation
Type Reconditioning-Asset Longevit Department Street Department
Status Active
Total2019 2020 2021 2022 2023Expenditures
1,170,000 500,000Construction/Rehab
688,000688,000Storm Water-St.
278,700278,700WasteWater-St
243,000243,000Water-St.
13,00013,000Gas-St.
1,188,000 1,204,700 2,392,700Total
Total2019 2020 2021 2022 2023Funding Sources
1,170,000 500,000G.O. Bond 2018
1,222,7001,209,700Revenue Bonds
1,188,000 1,204,700 2,392,700Total
Contact Director of Public Works
Priority 2 Critical- Asset Condition\longe
670,000
670,000
688,000
535
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Richard Martinez, Director of Public Works
richardm5@cctexas.com
(361) 826-3419
CAPTION:
Resolution approving pavement design recommendations for the 22 Bond 2020 Streets projects
following City Council Policy 28 which outlines the guidelines for awarding arterial and collector
street construction contracts using concrete pavement or asphalt pavement.
PURPOSE:
This resolution item approves pavement recommendations for the Bond 2020 Streets projects.
Following City Council Policy 28 – Award Guidelines for Arterial and Collector Streets with
Concrete pavement (PCC) or Asphalt pavement (HMAC), City staff is making recommendations
for the 22 streets projects that were approved by voters on November 3, 2020.
BACKGROUND:
On October 27, 2020, City Council approved a resolution amending City Council Policy 28 that
outlines the guidelines for awarding arterial and collector street construction contracts using
concrete pavement or asphalt pavement. The updated policy includes an emphasis on the
evaluation of existing geotechnical soil conditions.
Below is a summary of the approved recommendations based on the City Council Policy 28:
1. When the project contains a majority subgrade with a Plasticity Index (PI) greater than
30 or deemed as a moderate to highly expansive soil by the design Geotechnical
Engineer, the City should recommend HMAC.
Resolution approving Bond 2020 Street Projects – Pavement Design
Recommendations
AGENDA MEMORANDUM
City Council Meeting of July 20, 2021
2. When the cost difference of PCC is below $125,000/lane mile, the City should
recommend PCC.
3. For residential projects, the City should recommend HMAC.
4. Other criteria to consider is if the adjacent pavement section is PCC, consideration
should be given to providing a uniform surface type, at the discretion of the City Public
Works staff.
On March 16, 2021, City Council approved the mass selection of professional engineering
services for the design of the 22 Bond 2020 street projects. This authorized City staff to negotiate
and execute 22 professional services contracts with the top nine firms without having to present
individual contracts to City Council. This allows staff to minimize agenda activity and expedite the
execution of the Bond program.
Following City Council approval for the design contracts, City staff requested geotechnical
investigations of the Bond 2020 streets projects. The geotechnical investigation provides relevant
information about the PI for the projects. Based on the results of the geotechnical investigation
and City Council Policy 28 policy, attached is the pavement design recommendations for projects.
The pavement design recommendation provides clear direction to staff on which projects will be
designed for asphalt pavement, concrete pavement and asphalt or concrete pavement with cost
savings by not designing all the street projects for asphalt and concrete pavement.
Below is a summary of the results:
Proposed Pavement Design
Recommendations
Number of Streets
Asphalt and Concrete 8
Asphalt Only 11
Concrete Only 3
Now that the geotechnical investigation on the Bond 2020 projects have been completed, the
projects are being currently surveyed with professional service contracts being negotiated and
executed.
ALTERNATIVES:
The alternative is to reject staff recommendations and evaluate pavement recommendations at
the time of construction contract award.
FISCAL IMPACT:
There is no fiscal impact for this item.
RECOMMENDATION:
Staff recommends approval of the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
HMAC/PCC Design Recommendations
City Council Policy 28
Resolution approving pavement design recommendations for the 22 Bond
2020 Streets projects following City Council Policy 28 which outlines the
guidelines for awarding arterial and collector street construction contracts
using concrete pavement or asphalt pavement.
WHEREAS, the geotechnical investigations for the Bond 2020 street projects have been
completed.
Now, therefore, be it resolved by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. The City Manager or designee is authorized to proceed with designing and
bidding the following street projects with asphalt and/or concrete as follows:
Project Name Pavement Design/Bid
Airport (Morgan to Horne) Asphalt
Alameda (Texan Trail to Chamberlain) Asphalt
Brownlee (Staples to Morgan) Asphalt
Carroll (Holly to Dead End) Asphalt
Comanche (Carancahua to Alameda) Asphalt
Hearn (Callicoatte to Dead End) Asphalt
Lipes (Sunwood to Staples) Asphalt
Strasbourg-Grenoble to Marseille Asphalt
Encantada-Encantada to Nueces County Park & PR 22 TXDOT Recommendation
(Mostly Asphalt)
PR22-Compass to PR22 TXDOT Recommendation
(Mostly Asphalt)
Rodd Field (Yorktown to Adler) TXDOT Recommendation
(Mostly Asphalt)
Beach Access Road-SH 361 to Beach Concrete
Flato (Bates to Bear) Concrete
Waldron-SPID to Purdue Concrete Pavement Repairs
Everhart (Alameda to Staples) Asphalt and Concrete
Everhart (Staples to McArdle) Asphalt and Concrete
Frontier (McKinzie to Rockwood) Asphalt and Concrete
Jackfish (End to Aquarius to Park Rd 22) Asphalt and Concrete
Park Rd 22 - South Access Rd (Commodore to
Jackfish) Asphalt and Concrete
Trinity River (FM624 to Wood River) Asphalt and Concrete
Wildcat (FM624 to Teague) Asphalt and Concrete
Yorktown (Rodd Field to Oso Creek Bridge)
Design Only Asphalt and Concrete
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: September 30, 2020
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director of Public Works
RichardM5@cctexas.com
(361) 826-3419
CAPTION:
Resolution amending City Council Policy 28 that outlines the guidelines for awarding
arterial and collector street construction contracts using concrete pavement or asphalt
pavement.
SUMMARY:
This resolution amends City Council Policy 28 which outlines the guidelines for awarding
arterial and collector street construction contracts using concrete pavement (PCC) or
asphalt pavement (HMAC). This policy must be updated annually. The policy updates
include an emphasis on including the evaluation of the geotechnical soil conditions and
recommending the removal of the residential streets from this policy.
BACKGROUND AND FINDINGS:
Prior to Bond 2008 the City would typically design arterial road reconstruction projects
with HMAC pavement. With Bond 2008, the City began to bid some of the arterial streets
with both HMAC and PCC pavement designs, resulting in multiple bid awards for the PCC
pavement alternative.
In 2013, the City upgraded the pavement design standards to a 30 -year design life using
the Association of State Highway Transportation Officials Guide for Design of Pavement
Structures. The change in design criteria, combined with market forces, created an
environment where PCC became much more competitive with HMAC. In 2016, the City
began designing and bidding all arterial Bond projects with both HMAC and PCC
pavement alternatives.
Resolution Amending City Council Policy 28 – Award Guidelines for Arterial and
Collector Streets with Concrete or Asphalt Pavement
AGENDA MEMORANDUM
Action Item for the City Council Meeting of October 27, 2020
In 2016, the practice was to design both HMAC and PCC using a 30-year design life and
award the bid to the lower cost pavement alternative. Bidding projects utilizing both PCC
and HMAC designs enhanced competition among contractors and reduced costs.
Several projects received lower bids for the PCC pavement alternative.
In early 2017, at council request, Engineering Services staff performed a life cycle cost
analysis comparing a proposed maintenance plan with the City’s existing HMAC
maintenance plan. The results of that cost analysis validated the belief that PCC offered
reduced maintenance costs over HMAC. The analysis indicated that the City should be
willing to pay an additional $100,000 per lane mile for PCC pavement based on
maintenance savings. Staff adopted a policy recommending award of the P CC alternative
if it was within $100,000 per lane mile of the HMAC alternative. That policy was
communicated to City Council in a memo dated June 2, 2017 and was applied to all bids.
In April 2019, an updated memo addressed a question raised at the September 18, 2018
City Council meeting during discussions about the Rodd Field Road Improvement Project
award. That project was bid with both HMAC and PCC pavement alternatives. The HMAC
alternative was awarded; however, council had a question as to whether the $100,000
per lane mile adequately reflected the value of maintenance savings from PCC pavement.
This policy was last updated on July 16, 2019 as a result.
Freese and Nichols, Inc. was tasked with re-evaluating the life cycle cost analysis
between HMAC and PCC pavements and providing a letter report with recommendations
resulting in three cost range options for bid award recommendations. Upon the review of
the recommendations, Engineering Services concluded the ana lysis warranted
increasing the previous cost per lane mile from $100,000 to $125,000 .
For the FY 2021 policy update, Public Works contracted with Roadway Asset Services
(RAS) to re-evaluate the life cycle cost analysis between HMAC and PCC pavements.
RAS has the required experience for evaluating pavement networks and general
performance. Scott Gordon, Principal Engineer and President, has over 30 years of
experience in pavement evaluation, including providing similar services for 4 out of the 5
major cities in Texas.
This policy update includes an emphasis on the evaluation of existing geotechnical soil
conditions. Public Works proposes incorporating geotechnical testing in the design phase
of the project to determine the plasticity index (PI) of the existing soil. The plasticity index
is the size of the range of water contents where the soil exhibits plastic properties . As
indicated in the recommendations from RAS, soils with a PI greater than 30 are
characterized as an expansive soil. The expansiveness of clay soils will have a major
impact on the performance of pavement structures. Pavements on clays soils must be
designed with an additional stabilized layer, which should be accounted for in the initial
design and capital expenses. Expansive soils will also require more frequent maintenance
due to the higher percentage of cracking and differential movement anticipat ed and, in
some cases, with different types of maintenance. HMAC pavements will likely require
additional mill and overlay activities to correct differential movement and PCC pavements
will likely require grinding and additional panel replacements due to t he differential
movements.
To determine an updated life cycle cost analysis, RAS has used maintenance actives,
assigned costs to the activities, applied discount and inflation rates using a 40 - year
analysis timeline. The details of this life cycle cost analysis can be found in Attachment
A.
The results from the RAS cost analysis indicated that the City should not use concrete
pavement for arterial and collector streets on soils with a PI greater than 30. If the PI is
less than 30 then this policy will be used to determine the selection of asphalt or concrete.
Therefore, if the initial construction bid is within $128,000 per lane mile between HMAC
and PCC, then PCC should be chosen. If the difference in initial construction bid is
greater than $128,000, then HMAC should be chosen. With a minimal differential in price,
Public Works recommends utilizing the existing $125,000 per lane mile for construction
bids on arterial and collector roadway projects. An additional item for consideration in the
selection of pavement surfaces should be the adjacent pavement types. In areas of PCC,
prioritization should be given to PCC, similarly on areas with HMAC. For example, if a
proposed project is adjacent to an existing PCC section, additional consideration will be
given to PCC as the pavement selection for continuity.
Additionally, this policy update reinforces previous recommendations of the elimination of
residential streets from the evaluation of PCC. This is due to the general location of
utilities in residential areas and lower traffic loads on residential streets. Typically, utilities
are in the street. Street cuts needed to repair utility lines would result in costly repairs. At
this time, it is not deemed financially advantageous to bid residenti al streets in PCC.
Below is a summary of the recommendations from Public Works:
1. When the project contains a majority subgrade with a PI greater than 30 or
deemed as a moderate to highly expansive soil by the design Geotechnical
Engineer, the City should recommend HMAC.
2. When the cost difference of PCC is below $125,000/lane mile, the City should
recommend PCC.
3. For residential projects, the City should recommend HMAC.
4. Other criteria to consider is if the adjacent pavement section is PCC, consideration
should be given to providing a uniform surface type, at the discretion of the City
Public Works staff.
ALTERNATIVES:
Do not approve this policy update and defer to the existing policy.
FISCAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends approval of this policy update.
LIST OF SUPPORTING DOCUMENTS:
Presentation
Roadway Asset Services, LLC (RAS) Letter Report
Project Name Plasticity Index
(PI)
Proposed Pavement
Design/Bid
Recommendation
Notes
Airport (Morgan to Horne) 35 to 65 Asphalt
High PI, Residential Collector, old airport
runway pavement under existing street
Alameda (Texan Trail to Chamberlain) 40 to 50 Asphalt
High PI, Arterial Street, previous sections
asphalt
Brownlee (Staples to Morgan) 30 to 50 Asphalt High PI, Residential Collector
Carroll (Holly to Dead End) 20 to 47 Asphalt Varying with high PI, Residential Collector
Comanche (Carancahua to Alameda) 30 to 60 Asphalt High PI, Residential Collector
Hearn (Callicoatte to Dead End) 30 to 50 Asphalt High PI, Residential Collector
Lipes (Sunwood to Staples) 12 to 57 Asphalt
Varying with high PI, Residential Collector,
previous sections asphalt
Strasbourg‐Grenoble to Marseille 0 to 53 Asphalt
Varying with high PI, Residential Collector,
previous sections asphalt
Encantada‐Encantada to Nueces County
Park & PR 22 0 TXDOT Recommendation
(Mostly Asphalt)Intersection Improvements
PR22‐Compass to PR22 0
TXDOT Recommendation
(Mostly Asphalt)Median Improvements
Rodd Field (Yorktown to Adler) 2 to 56
TXDOT Recommendation
(Mostly Asphalt)
Varying with high PI, Temporary‐to be built
to full cross section in future
Beach Access Road‐SH 361 to Beach 0 Concrete Low PI, Easy to maintain
Flato (Bates to Bear) 8 to 47 Concrete
Varying with high PI, Residential Collector,
previous section concrete, high truck traffic
, industrial area
Waldron‐SPID to Purdue 0 to 13 Concrete Pavement Repairs Concrete Pavement Repairs
Everhart (Alameda to Staples) 32 to 50 Asphalt and Concrete High PI, Arterial Street
Everhart (Staples to McArdle) 27 to 71 Asphalt and Concrete High PI, Arterial Street
Frontier (McKinzie to Rockwood) 23 to 33 Asphalt and Concrete Varying PI, Residential Collector
Jackfish (End to Aquarius to Park Rd 22) 0 to 20 Asphalt and Concrete Low PI, Residential Collector
Park Rd 22 ‐ South Access Rd (Commodore
to Jackfish)0 Asphalt and Concrete Low PI, Residential Collector
Trinity River (FM624 to Wood River) 0 to 50 Asphalt and Concrete Varying PI, Residential Collector
Wildcat (FM624 to Teague) 0 to 24 Asphalt and Concrete Low PI, Residential Collector
Yorktown (Rodd Field to Oso Creek Bridge)
Design Only 20 to 56 Asphalt and Concrete Varying with high PI, Arterial Street
Bond 2020 Streets Pavement Design Recommendations
Prepared by: Engineering Services July 16, 2021 Page 1
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
KevinN@cctexas.com
(361) 826-1874
Josh Chronley, Assistant Director of Contracts and Procurement
JoshC2@cctexas.com
(361) 826-3169
CAPTION:
Motion authorizing a Joint Funding Agreement with the United States Geological Survey (USGS),
U.S. Department of the Interior, for USGS to maintain automated river gauging stations that record
stream flows and water quality parameters associated with the Frio and Nueces Rivers and
associated tributaries, which is data the City uses daily to manage releases from the City’s
reservoir system and for water treatment operations, whereby the USGS contributes $28,950.00
and the City contributes $166,350.00.
SUMMARY:
The motion authorizes the City to contribute $166,350.00 to maintain automated river gauging
stations along the Frio River, Nueces River, and associated tributaries, which the City uses to
record stream flows and water quality information as well as to manage daily inflows and releases
from the City’s reservoir system. Knowledge of the incoming raw water quality allows the City’s
Water Treatment Plant Operators to optimize the treatment process, and knowledge of the inflows
to Lake Corpus Christi and Choke Canyon Reservoir allows the City’s Dam Operators to adjust
the downstream releases to protect public safety, maintain as much water as possible in the
reservoirs, and protect the integrity of the dams.
BACKGROUND AND FINDINGS:
The City utilizes the USGS automated river gauging stations to record all inflows and releases in
the reservoir system to properly manage the diversion of raw water and health of the reservoir
system, in addition to water quality monitoring.
Joint Funding Agreement with the United States Geological Survey (USGS) for
Automated River Gauging Station Monitoring
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 20, 2021
To better manage the treatment of water at O. N. Stevens Water Treatment plant, the gathering
of real-time water quality data from the Nueces River prior to the intake pumps is critical.
Streamflow gauges are the primary system used by the City’s Dam Operations teams at Choke
Canyon Reservoir and Lake Corpus Christi to track water levels in and out of the City’s reservoirs,
which gives the operators essential data to maintain reservoir levels, ensure Dam safety, and also
provides a means of early flood warning to protect public safety.
The contract period is October 1, 2021 through September 30, 2022.
PROCUREMENT DETAIL: N/A
ALTERNATIVES:
An alternative to not participate would eliminate the City’s knowledge of the inflows and outflows
of the reservoir system to best maintain the reservoir levels and the City would not know how to
plan for raw water diversions and flood mitigation. Knowledge of the incoming raw water quality
allows the City’s Water Treatment Plant Operators to optimize the treatment process, and
knowledge of the inflows to Lake Corpus Christi and Choke Canyon Reservoir allows the City’s
Dam Operators to adjust the downstream releases to protect public safety, maintain as much
water as possible in the reservoirs, and protect the integrity of the dams.
FISCAL IMPACT:
The motion authorizes the City to contribute $166,350.00 in FY 22 to USGS to maintain
automated river gauging stations along the Frio and Nueces Rivers and associated tributaries,
which the City uses to record stream flows and water quality information as well as to manage
daily inflows and releases from the City’s reservoir system.
Funding Detail:
Fund: 4010
Organization/Activity: 30200 Water Wesley Seale Dam, 30210 Choke Canyon Dam
Mission Element: 061
Project # (CIP Only):
Account: 530000 Professional Services
RECOMMENDATION:
Staff recommends approval of the Joint Funding Agreement with the USGS with a City
contribution of $166,350.00.
LIST OF SUPPORTING DOCUMENTS:
Joint-funding agreement
United States Department of the Interior
U.S. GEOLOGICAL SURVEY
C Oklahoma-Texas Water Science Center
1505 Ferguson Lane
Austin, TX 78754
June 3, 2021
Mr. Esteban Ramos
Water Resources Manager
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Dear Mr. Ramos:
Enclosed is one signed scan of our standard joint-funding agreement for the project(s) Oklahoma-Texas Water
Science Center Water Resources Investigations, during the period October 1, 2021 through September 30, 2022 in
the amount of $166,350 from your agency. U.S. Geological Survey contributions for this agreement are $28,950 for
a combined total of $195,300. Please sign and return one fully-executed original to Kandis K. Becher at
kkbecher@usgs.gov.
Federal law requires that we have a signed agreement before we start or continue work. Please return the signed
agreement by August 1, 2021. If, for any reason, the agreement cannot be signed and returned by the date shown
above, please contact Douglas Schnoebelen by phone number (210) 691-9262 or email dschnoebelen@usgs.gov to
make alternative arrangements.
This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI-1040). Please
allow 30-days from the end of the billing period for issuance of the bill. If you experience any problems with your
invoice(s), please contact Kandis Becher at phone number (682) 316-5051 or email at kkbecher@usgs.gov.
The results of all work performed under this agreement will be available for publication by the U.S. Geological
Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water
resources studies.
Sincerely,
Timothy H. Raines
Director
Enclosure
22SJJFATX029000
Form 9-1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000486
Agreement #: 22SJJFATX029000
Project #: SJ009ME
TIN #: 74-6000574
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of the October 1, 2021, by the U.S. GEOLOGICAL SURVEY, Oklahoma-Texas
Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of
Corpus Christi party of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation Water Resource Investigations (per attachment), herein called
the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00
(a) $28,950 by the party of the first part during the period
October 1, 2021 to September 30, 2022
(b) $166,350 by the party of the second part during the period
October 1, 2021 to September 30, 2022
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regional/national program:
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science-
practices).
9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
USGS Technical Point of Contact
Name: Douglas Schnoebelen
Branch Chief - South Texas
Address: 5563 DeZavala Road Suite 290
San Antonio, TX 78249
Telephone: (210) 691-9262
Fax: (210) 691-9270
Email: dschnoebelen@usgs.gov
Customer Technical Point of Contact
Name: Esteban Ramos
Water Resources Manager
Address: 1201 Leopard Street
Corpus Christi, TX 78401
Telephone: (361) 826-3294
Fax:
Email: EstebanR2@cctexas.com
USGS Billing Point of Contact
Name: Kandis Becher
Budget Analyst
Address: 501 W. Felix Street Bldg 24
Fort Worth, TX 76115
Telephone: (682) 316-5051
Fax: (682) 316-5022
Email: kkbecher@usgs.gov
Customer Billing Point of Contact
Name: M. P. Sudhakaran
Water Resources Mgmt Advisor
Address: 2726 Holly Road
Corpus Christi, TX 78415
Telephone: (361) 826-3667
Fax: (361) 826-4420
Email: mp@cctexas.com
U.S. Geological Survey
United States
Department of Interior
Signature
By_______________________ Date:
Name: Timothy H. Raines
Title: Director
City of Corpus Christi
Signatures
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
Form 9-1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000000486
Agreement #: 22SJJFATX029000
Project #: SJ009ME
TIN #: 74-6000574
TIMOTHY
RAINES
Digitally signed by
TIMOTHY RAINES
Date: 2021.06.02
14:55:41 -05'00'
Station USGS
City of Corpus
Christi Total
Number Description Funds Funds Funds
001: SURFACE WATER
08194000 Nueces River at Cotulla, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
Precipitation $1,500.00 $1,500
08194500 Nueces River near Tilden, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
Precipitation $1,500.00 $1,500
08205500 Frio River near Derby, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
Precipitation $1,500.00 $1,500
08206600 Frio River at Tilden, TX
Full Range Streamflow Station $4,580.00 $11,320.00 $15,900
08206900 Choke Canyon Reservoir nr Three Rivers, TX
Reservoir Contents $2,465.00 $5,435.00 $7,900
08206910 Choke Canyon Res. outflow nr Three Rivers, TX
Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500
08210000 Nueces River near Three Rivers, TX
GWSIP Full Range Streamflow Station $0.00 $0.00 $0
08210500 Lake Corpus Christi near Mathis, TX
Reservoir Contents $2,465.00 $5,435.00 $7,900
08211000 Nueces River near Mathis, TX
GWSIP Full Range Streamflow Station $0.00 $0.00 $0
08211200 Nueces River above Bluntzer, TX
Q below Base and Continous Stages $2,850.00 $7,650.00 $10,500
Precipitation $1,500.00 $1,500
08211500 Nueces River at Calallen, TX
GWSIP Full Range Streamflow Station $0.00 $0.00 $0
08211502 Nueces River nr Odem, TX
Q below Base with AVM and Continuous Stage $0.00 $13,500.00 $13,500
SURFACE WATER TOTAL:$28,950 $90,950 $119,900
003:WATER QUALITY
08211200 Nueces Rv at Bluntzer, Tx
Temp., Cond., pH, Diss. Oxy., Turbidity Monitor (5-Parm)$0 $43,000 $43,000
08211502 Nueces Rv nr Odem, TX
Temp. and Cond. Monitor (2-Parm)$0 $16,200 $16,200
821150305 Rincon Bayou Channel near Odem, TX
Temp. and Cond. Monitor (2-Parm)$0 $16,200 $16,200
WATER-QUALITY TOTAL:$0 $75,400 $75,400
CITY OF CORPUS CHRISTI
22SJJFATX029000
PROJECT USGS
CITY OF
CORPUS
CHRISTI TOTAL
FUNDS FUNDS FUNDS
SURFACE WATER: 00170 $28,950 $90,950 $119,900
WATER QUALITY: 00370 $0 $75,400 $75,400
TOTAL $28,950 $166,350 $195,300
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: David Blackmon, Interim Chief of Police
davidbl@cctexas.com
886-2605
CAPTION:
Resolution authorizing the submission of a grant application for the FY 2021 Edward Byrne
Memorial Justice Assistance Grant Program in the amount of $192,413.00; and authorizing an
Interlocal Agreement with Nueces County for the distribution of Justice Assistance Grant
Program funds in the amount of $96,206.00 to Nueces County and $96,207.00 to the City of
Corpus Christi should the grant be awarded.
SUMMARY:
The grant is available to the City for the purchase of law enforcement equipment.
BACKGROUND AND FINDINGS:
Under the Justice Assistance Grant (JAG), Corpus Christi has been declared a disparate
jurisdiction and has agreed to split the funds 50/50 with Nueces County. The JAG funds are based
on Part 1 violent crimes reported by the City and County. Part 1 violent crimes include homicide,
burglary, aggravated assault, and robbery. While the City reports a greater amount of Part 1
crimes than the County does, the County is responsible for providing criminal justice services,
such as incarceration and prosecution for the City. This 50/50 funding agreement between the
City and the County has been in place since 2008.
Jurisdictions certified as disparate under JAG must submit a joint application for the aggregate of
funds allocated to them, specifying the amount of the funds that are to be distributed to each of
the units of local government and the purposes for which the funds will be used. When beginning
the JAG application process, a Memorandum of Understanding (MOU) must be completed,
signed, and faxed to Office of Justice Programs, indicating who will serve as the applicant/fiscal
agent for the joint funds. Since 2007, both the City and County have agreed that the City will serve
as the lead agency. The Nueces County Commissioners Court approved the current interlocal
agreement on July 7, 2021.
With this award, the program has provided a total of $6,158,659.00 in grant funds to the City since
the program began in 1996. The funds have been used to purchase vehicles and other law
Approval to submit a grant application to the U. S. Department of Justice for the FY 2021 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program and enter into an Interlocal Agreement
with Nueces County to share Funds.
AGENDA MEMORANDUM
Action item for the City Council meeting of July 20, 2021
enforcement equipment. The funds awarded in 2021 will be used to purchase law enforcement
equipment for vehicles, forensics, and special operations.
ALTERNATIVES:
The alternative is not to accept the grant and do not purchase additional law enforcement
equipment.
FINANCIAL IMPACT:
There is no fiscal impact as there is no match required by the City.
Funding Detail:
Fund: 1061 Police Grants Fund
Organization/Activity: 820834F & 820835F
Mission Element: 151 Respond to Calls for law enforcement
Project # (CIP Only): N/A
Account: 520090 Minor Tools and Equipment
RECOMMENDATION:
Staff recommends submitting the application.
LIST OF SUPPORTING DOCUMENTS:
Interlocal agreement with Nueces County
Resolution authorizing the submission of a grant application for the FY 2021
Edward Byrne Memorial Justice Assistance Grant Program in the amount of
$192,413.00; and authorizing an Interlocal Agreement with Nueces County for the
distribution of Justice Assistance Grant Program funds in the amount of
$96,206.00 to Nueces County and $96,207.00 to the City of Corpus Christi should
the grant be awarded.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or designee is authorized to submit a grant application
in the amount of $192,413 to the US Department of Justice, Bureau of Justice Assistance
for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program FY 20 Local Solicitation with funds to be distributed to the City of Corpus Christi
in the amount of $96,207 and Nueces County in the amount of $96,206 under the
lnterlocal Agreement should the grant be awarded. Grant funds will be used for the
enhancement of law enforcement efforts by the Corpus Christi Police Department and
Nueces County.
SECTION 2. The City Manager or his designee is authorized to execute an lnterlocal
Agreement between the City of Corpus Christi and Nueces County to establish terms to
distribute $96,206 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2021
Local Solicitation to Nueces County.
The above resolution was passed by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Page 1 of 3
GMS APPLICATION NUMBER __________________________
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENT
COUNTY OF NUECES
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND
THE COUNTY OF NUECES, TEXAS
EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM FISCAL YEAR 2021 LOCAL SOLICITATION AWARD
This agreement is made and entered into this _____ day of ________, 2021, by
and between the City of Corpus Christi, acting by and through its governing body,
the City Council (“CITY”), and the County of Nueces, acting by and through its
governing body, the Commissioners Court (“COUNTY”), both of Nueces County,
State of Texas, witness:
WHEREAS, this Agreement is made under the authority of Section 791.011(a),
Government Code; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that
party; and
WHEREAS, each governing body finds that the performance of this Agreement is
in the best interests of both parties, that the undertaking will benefit the public, and
that the division of costs fairly compensates the performing party for the services
or functions under this agreement; and
WHEREAS, the CITY and COUNTY have previously entered into an agreement
for disbursement of Fiscal Year 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
& 2020 JAG funds which is separate from this agreement; and
WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a
current estimate of $96,206, JAG funds received from Fiscal Year 2021 award;
and
WHEREAS, the CITY and COUNTY believe it to be in their best interests to
reallocate the JAG funds.
Page 2 of 3
GMS APPLICATION NUMBER __________________________
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate
of $96,206 of the JAG funds received from this award.
Section 2.
COUNTY agrees to use the fifty percent (50%), or current estimate of $96,206, of
JAG funds received from CITY under this agreement for the enhancement of law
enforcement until September 30, 2024.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against COUNTY other than claims for which liability may be imposed by the Texas
Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against CITY other than claims for which liability may be imposed by the Texas
Tort Claims Act.
Section 5.
Each party to this Agreement will be responsible for its own actions in providing
services under this Agreement and shall not be liable for any civil liability that may
arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement.
Section 7.
By entering into this Agreement, the parties do not intend to create any obligations,
express or implied, other than those set out herein. Further, this Agreement shall
not create any rights in any party not a signatory hereto.
Page 3 of 3
GMS APPLICATION NUMBER __________________________
CITY OF CORPUS CHRISTI COUNTY OF NUECES
_______________________ ________________________
Peter Zanoni Barbara Canales
City Manager County Judge
ATTEST:
_______________________ ________________________
Rebecca L. Huerta Kara Sands
City Secretary County Clerk
APPROVED AS TO FORM:
_______________________ ________________________
Alexander Garcia Laura Garza Jimenez
Assistant City Attorney County Attorney
For City Attorney
_______________________ ________________________
Date Date
DATE: June 29, 2021
TO: Peter Zanoni, City Manager
FROM: Dante Gonzalez, Interim Director of Parks and Recreation Department
DanteG@cctexas.com
(361) 826-5728
CAPTION:
Resolution approving FY 2021-2022 grant application for the Beach Cleaning and Maintenance
Assistance Program from the Texas General Land Office for an estimated amount of $7 0,000 to
provide beach cleaning and maintenance on North Padre Island and Mustang Island.
SUMMARY:
The Texas General Land Office (TGLO) Beach Cleaning and Maintenance Assistance Program
provides reimbursement for a portion of the City of Corpus Christi’s beach maintenance
expenditures. Cities which qualify for eligibility under the Natural Resources Code may receive
up to, but no greater than, two-thirds reimbursement for eligible expenses incurred in cleaning
and maintaining the beaches. However, actual state appropriations have always limited this
reimbursement to the range of 10-to-20 percent of actual local costs. The City must pass a
Resolution to apply for the TGLO Beach Cleaning and Maintenance Assistance Program.
BACKGROUND AND FINDINGS:
The TGLO Beach Cleaning and Maintenance Assistance Program uses a funding formula to
reimburse cities and counties annually. The reimbursement amount varies from based on the
formula and available funds. Currently, the principal portion of the beach maintenance
appropriations is distributed among the twelve communities that contain public beaches within
their jurisdiction and have made application for funding. For FY20, the City received $73,772.49.
For FY21, the City is projected to receive an estimated $76,000.
ALTERNATIVES:
The alternative would be to not apply for beach maintenance funding. However, the City has
applied for and been granted this funding annually for over a decade. These funds help offset
costs that the City would have incurred in lieu thereof.
FISCAL IMPACT:
The fiscal impact in FY 2021-2022 is the acceptance of the Beach Cleaning and Maintenance
TGLO Beach Cleaning and Maintenance Assistance Program
AGENDA MEMORANDUM
Action Item for the City Council Meeting of July 20, 2021
Assistance Program grant in an estimated amount of $70,000 to the General Fund.
Funding Detail:
Fund: 1020 General Fund
Organization/Activity: 12940 Beach Operations
Mission Element: 888
Project # (CIP Only): NA
Account: 303510 General Land Office Beach Cleaning
RECOMMENDATION:
Staff recommends approval of this resolution approving FY 2021-2022 grant application for the
Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for
an estimated amount of $70,000 to provide beach cleaning and maintenance on North Padre
Island and Mustang Island.
LIST OF SUPPORTING DOCUMENTS:
Resolution
GLO FY22 Application for the Beach Cleaning and Maintenance
Resolution approving FY 2021-2022 grant application for the Beach Cleaning and
Maintenance Assistance Program from the Texas General Land Office for an estimated
amount of $70,000 to provide beach cleaning and maintenance on North Padre Island and
Mustang Island.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The Corpus Christi City Council hereby authorizes the submittal by the City
Manager or designee of all documents necessary to apply for continued financial
assistance for cleaning and maintaining beaches under the City’s jurisdiction on North
Padre Island and Mustang Island during FY 2021-2022 under the Texas General Land
Office’s Beach Cleaning and Maintenance Assistance Program for an estimated amount
of $70,000.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
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: July 9, 2021
TO: Peter Zanoni, City Manager
FROM: Annette Rodriguez, MPH, Director of Public Health
AnnetteR@cctexas.com
361-826-7203
CAPTION:
Resolution authorizing City of Corpus Christi withdrawal from the Regional Health
Awareness Board and transferring $56,436.72 in funds held as fiduciary agent to the
Board.
SUMMARY:
This resolution authorizes the withdrawal of the City’s participation in the Regional Health
Awareness Board, which will allow the City employees to use the time spent preparing and
planning for those Board Meetings to focus full time on Health Department activities.
BACKGROUND AND FINDINGS:
The Regional Health Awareness Board was established by Interlocal Agreement on June 24,
2003 and authorized the City Manager or designee to execute an Interlocal Cooperation
Agreement with Nueces and San Patricio Counties to promote community dialogue on regional
health awareness.
As time has gone on the Regional Health Awareness Board has seen a variety of changes to
include the addition of Board Members, Support Staff, Funding, and ultimately, its overall goal to
promote community dialogue on regional health awareness.
The Regional Health Awareness Board at its inception was formed to be the liaison between the
citizens of the City of Corpus Christi, Nueces County, San Patricio County, and the
Environmental Protection Agency (EPA) and/or Texas Commission on Environmental Quality
(TCEQ) on potential environmental concerns. The Regional Health Awareness Board is now a
communication outlet that puts out PSA’s on health concerns that affect the 3 entities.
Resolution to Withdraw the City of Corpus Christi from the Regional Health
Awareness Board
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 20, 2021
The impact to the City of Corpus Christi with the withdrawal from the Regional Health
Awareness Board is that the City would no longer be the fiduciary agent for the Board. That
responsibility would be taken over by the County of Nueces or by San Patricio. The funds that
we currently hold as fiduciary agent for the Regional Health Awareness Board will be
transferred to the Regional Health Awareness Board upon approval of the resolution.
ALTERNATIVES:
The City of Corpus Christi continues to be involved with the Regional Health Awareness Board.
FISCAL IMPACT:
There is no fiscal impact to the City as the money is held for the Regional Health Awareness
board and will be transferred to the board upon approval of the resolution.
Funding Detail:
Fund:
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommends approval of this resolution.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Page 1 of 2
Resolution authorizing City of Corpus Christi withdrawal from the Regional Health
Awareness Board and transferring $56,436.72 in funds held as fiduciary agent to
the Board
WHEREAS, on June 24, 2003, City Council Resolution No. 025359 authorized the
City Manager or designee to execute an Interlocal Cooperation Agreement with Nueces
and San Patricio Counties, (jointly referred to in this Resolution as the “Parties”) to
promote community dialogue on regional health awareness;
WHEREAS, an Interlocal Agreement to Promote Community Dialogue on
Regional Health Awareness was signed in 2003 by San Patricio County, the City of
Corpus Christi, and signed by Nueces County; referred to in this Resolution as “the
Interlocal Agreement”;
WHEREAS, Section 1 Purpose of the Interlocal Agreement provides that the
purpose is to establish and maintain a Regional Health Awareness Board to assess
communication models that the parties can implement to share information used in their
health awareness decision-making and the methods the parties can use to receive and
provide to members of the local communities about life quality issues of concern to
residents;
WHEREAS, Section 10 b Term provides that once approved by all parties, the
Interlocal Agreement shall be for a term of one year, and shall be automatically renewed
annually, unless any party [terminates] its participation by giving written notice to the other
parties at least 60 days before the end of each annual term;
WHEREAS, an Amendment to the Interlocal Agreement was approved by the
Parties and executed on November 7, 2013 to add the Texas A&M Irma Lerma Rangel
College of Pharmacy and the Education Services Center, Region 2, as organizations that
may appoint members to the Regional Health Awareness Board;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Council authorizes the City Manager to issue at least 60 days’ notice
of withdrawal to terminate participation of the City of Corpus Christi from the Regional
Health Awareness Board to become effective start of fiscal year. The notice of withdrawal
to terminate participation in the Regional Health Awareness Board shall be sent to Nueces
County Attn: County Judge, 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 -
3697 and to San Patricio County Attn: County Judge, Court Courthouse, Roo m 109, 400
West Sinton Street, Sinton Texas 78386.
Section 2. That $56,436.72 that the City currently holds as fiduciary agent for the
Regional Health Awareness Board (“Board”) shall be transferred to the Board.
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
Corpus Christi – Nueces County Public Health District
1702 Horne Road, Corpus Christi, TX 78416
Phone: 361-826-7205 / Fax: 361-826-1343
County of Nueces
Attn: County Judge
901 Leopard Street, Room 303
Corpus Christi, Texas 78401-3697
County of San Patricio
Attn: County Judge
County Courthouse, Room 109
400 West Sinton Street
Sinton, Texas 78387
RE: Separation of Regional Health Awareness Board Notice
The City of Corpus Christi hereby notifies the Parties, County of Nueces and County of San Patricio
of the intent to separate from the Regional Health Awareness Board. All remaining funds currently in the
City of Corpus Christi coffers shall be transferred to the party who chooses to become the fiduciary agency.
___________________________________ ____________
Peter Zanoni, City Manager Date
Corpus Christi, Texas
DATE: June 29, 2021
TO: Peter Zanoni, City Manager
FROM: Tammy Embrey, Director Intergovernmental Relations
tammye@cctexas.com
361-826-3622
CAPTION: Resolution opposing Texas Windstorm Insurance Association rate increase.
SUMMARY: The Texas Windstorm Insurance Association (TWIA) will hold their August Board Meeting
virtually on August 3, 2021 and by law they are required to consider any new rates at this meeting. The
TWIA actuarial committee will meet on July 21st to consider potential rate increases ahead of the August
Board meeting. This resolution continues the opposition the City of Corpus to unnecessary rate
increases by TWIA and asks TWIA to all legislation passed in the 87th Session of the Texas Legislature to
be implemented before Considering Rate increases.
BACKGROUND AND FINDINGS: The 86th Texas Legislature passed HB 1900 which created a Legislative
Funding Oversight Committee to study TWIA's rate adequacy. It is premature for TWIA to be proposing
rate increases for residential and commercial policies before TDI implements these important statutory
changes. The committee was appointed but unable to meet and conduct oversite due to COVID -19
restrictions and legislative rules limitation on virtual meetings. The 87th legislature passed legislation to
continue the work of this committee over the interim and produce policy recommendation for the 88th
Legislature to consider.
In addition, the 87th legislature passed legislation to require a 2/3 vote of the TWIA board to raise
rates and gets rid of the conflict of interest in forecasting and purchase of reinsurance. These bills
are key reforms to TWIA process and do not go into effect until September 1, 2021. The TWIA board
should not be allowed to raise rates before these important reforms are implemented.
ALTERNATIVES: The council can pass the resolution, or the Council can choose to take no action at this
time.
FISCAL IMPACT: There is no financial impact to the city
RECOMMENDATION: Staff recommends adoption of this resolution which will send an official message
from the City of Corpus Christi asking TWIA not to pass unnecessary rate increases at the August Board
meeting.
Resolution to oppose Texas Windstorm Insurance Association rate increase
AGENDA MEMORANDUM
Action Item for the City Council Meeting July 20, 2021
LIST OF SUPPORTING DOCUMENTS: Council Resolution opposing TWIA rate increase 70202021
Resolution Opposing Texas Windstorm Insurance Association Rate Increase
WHEREAS, the City of Corpus Christi strives to encourage economic development and improve
the quality of life for residents and businesses in the City;
WHEREAS, Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on
Friday, August 25, 2017, and battered and drenched Texas for days before finally moving out of
the state. Hurricane Harvey was the first major hurricane to make landfall along the Middle Texas
Coast since Hurricane Celia in 1970;
WHEREAS, more than three years after the storm, many of the Hurricane Harvey disaster
declared communities are struggling to rebuild;
WHEREAS, Hurricane Hanna made landfall on the south Texas Coast on Saturday July 25,
2020;
WHEREAS, the City of Corpus Christi faces an economic crisis driven by the COVID-19
pandemic along with the downturn of the oil and gas industry. Our small businesses have been
greatly impacted by the recession and we have seen a loss of jobs in our communities.
WHEREAS, the 86th Texas Legislature did act by passing HB1900, which creates a Legislative
Funding Oversight Committee to study TWIA's rate adequacy; the Legislative Oversight
Committee was appointed but unable to complete its oversight work due to the COVID-19
pandemic restrictions.
WHEREAS, the 87th Legislature passed legislation to extend the work of the Legislative
Oversight Committee to this biennium and passed other vital reforms to improve TWIA rate
setting process and reinsurance forecasting.
WHEREAS, this reform legislation should be implemented before consideration of new TWIA
rate increases.
WHEREAS, there are sufficient premiums, assessments, and reinsurance to cover potential
TWIA liabilities for 2022.
NOW THEREFORE BE IT RESOLVED, THAT THE CITY OF CORPUS CHRISTI continues its
opposition to unnecessary increases in windstorm insurance rates and encourages the TWIA
Board to implement the reform legislation passed in the 87th Legislative Session. A TWIA rate
increase on top of the economic challenges caused by the COVID-19 pandemic would be
devastating to our regional economy and the entire Texas Coast. VOTE NO RATE HIKE FOR
2022.
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: June 18, 2021
TO: Peter Zanoni, City Manager
THRU: Neiman Young, PhD., Assistant City Manager
neimany@cctexas.com
(361) 826-3898
FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department
traceyc@cctexas.com
(361) 826-3021
CAPTION:
Resolution amending City Council Policy Number Nine, Community Development Block
Grant and HOME Programs to delete subsection 9.e which prohibits outside agencies
from applying for CDBG funding from the City more than once every three years and to
amend subsections 9.f and 9.g to change the name of Housing and Community
Development Department to the Neighborhood Services Department; and providing an
effective date.
SUMMARY:
The resolution amending City Council Policy No. 9 removing the prohibition on outside
agencies receiving CDBG funds more than once every three years and reflects the name
change of the administering Department.
BACKGROUND AND FINDINGS:
The City of Corpus Christi Code of Ordinances, Part II. Council Policies, No. 9,
Community Development Block Grant and HOME Programs sets forth City p olicies for
the administration of the U.S. Department of Housing and Urban Development ’s (HUD)
Community Development Block Grant (CDBG) and HOME Investment Partnerships
program (HOME). The policy is required to outline the use of program income and set out
other requirements deemed necessary for the administration of the CDBG and HOME
AGENDA MEMORANDUM
1st Reading Ordinance for the City Council Meeting of July 20, 2021
2nd Reading Ordinance for City Council Meeting July 27, 2021
Resolution Amending City Council Policy No. 9 to Remove Prohibition on Outside
Agencies Receiving CDBG Funds More than Once Every Three Years
programs.
Subsection 9.e. prohibits outside agencies from receiving CDBG funds until three years
has passed. This prohibition hinders the City’s ability to respond to local conditions
effectively and to help residents through outside groups.
ALTERNATIVES:
An alternative would be to not amend the policy.
FISCAL IMPACT:
None
Funding Detail:
Fund: NA
Organization/Activity: NA
Mission Element: NA
Project # (CIP Only): NA
Account: NA
RECOMMENDATION:
City staff recommends amending City Council Policy No. 9.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Redline City Council Policy No. 9
1
Resolution amending City Council Policy Number Nine, Community
Development Block Grant and HOME Programs to delete subsection 9.e
which prohibits outside agencies from applying for CDBG funding from the
City more than once every three years and to amend subsections 9.f and 9.g
to change the name of the Housing and Community Development
Department to the Neighborhood Services Department; and providing an
effective date.
Whereas, the City receives Community Development Block Grant (CDBG)
funding from the US Department of Housing and Urban Development on an annual
basis;
Whereas, the City will use some of the CDBG funds to contract with outside
agencies (typically nonprofit organizations) to provide CDBG approved services to
qualifying persons in CDBG areas in the City of Corpus Christi;
Whereas, subsection 9.e of City Council Policy No. 9 provides that an outside
agency may only apply for CDBG funding once every three years;
Whereas, it is inefficient and harmful to the community that benefits from CDBG
programs to require outside agencies to apply for CDBG funding with the City only once
every three years.
Whereas, the name of the City’s Housing and Community Development
Department has been changed to Neighborhood Services and Subsections 9.f a nd 9.g
should be amended to reference the Neighborhood Services Department.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
SECTION 1. That Subsection 9.e of City Council Policy Number 9 is deleted in its
entirety and the remaining subsections shall be renumbered accordingly.
SECTION 2. All references to the Housing and Community Development
department in Subsections 9.f and 9.g of City Council Policy Number 9 of the City of
Corpus Christi shall be changed to the Neighborhood Services Department.
PASSED AND APPROVED on the _____ day of _______________, 2021.
Paulette M. Guajardo _______________________
Roland Barrera _______________________
Gil Hernandez _______________________
Michael Hunter _______________________
Billy Lerma _______________________
John Martinez _______________________
2
Ben Molina _______________________
Mike Pusley _______________________
Greg Smith _______________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
Created: 2021-04-16 11:40:24 [EST]
(Supp. No. 34, Update 1)
Page 1 of 1
9. Community Development Block Grant and HOME Programs.
Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides
for the development and preservation of a viable urban community, a suitable living environment, affordable
housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in
the prevention or elimination of slums and blight. The City carries out its objectives by providing for affordable
housing, appropriate streets and drainage, recreational opportunities, neighborhood preservation, and
revitalization, and economic development as needed. To ensure that these objectives are achieved, the following
guidelines shall be as follows:
a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with
the exception of economic development projects that create jobs.
b. No capital grants will be made without sufficient evidence of the financial capacity of the applying
agency to operate the program.
c. Priority will be given to those applying agencies that make substantial new capital contributions to the
project for which they are seeking funds.
d. Affordable housing shall be maintained as the top priority for the CDBG program as well as placing
greater emphasis on public infrastructure (City) in CDBG eligible tracts.
e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two
fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external
agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG
funding until the 2016-2017 fiscal cycle.)
f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied
toward the Affordable Housing Programs administered by the Housing and Community
DevelopmentNeighborhood Services Department, as mandated by the U.S. Department of Housing and
Urban Development. Program income generated from the CDBG Demolition Program and the
Clearance of Vacant Property Program will be applied to each individual program's revolving fund.
Program income generated from the HOME Program will be applied towards maintaining or creating
affordable housing in the community.
g. Annual funding request for CDBG and HOME programs administered through the Housing and
Community DevelopmentNeighborhood Services Department shall be approved in order to ensure that
the essential operations of the department are met in accordance with the departments Mission.
(Res. No. 21901, § 1, 3-22-1994; Res. No. 026055, § 1, 12-14-2004; Res. No. 026571, § 1, 12-20-2005; Ord. No.
030000, § 1, 10-29-2013; Res. No. 030365, § 1, 12-16-2014; Res. No. 030525, § 1, 6-16-2015)
Amending City Council Policy No. 9
July 20, 2021
City Council Policy No. 9
2
•City of Corpus Christi Code of Ordinances, Part II. Council Policies,
No. 9, Community Development Block Grant and HOME
Programs
•Outlines the Council adopted guidelines for administration
of the CDBG and HOME programs
•Includes a prohibition on outside agencies receiving CDBG
funds more often than once every three years
•This provision limits the City’s ability to respond to changes in the
community.
•This year, it impacts the City’s ability to grant funds to the Coastal
Bend Food Bank and Rising Tide Ministries with funds from the
FY 2021-2022 CAAP.
Recommendation
3
Approve the Resolution amending City Council Policy Number Nine,
Community Development Block Grant and HOME Programs deleting 9.e
which prohibits outside agencies from applying for CDBG funding more
than once every three years and change the name of the Housing and
Community Development Department to the Neighborhood Services
Department.
AGENDA MEMORANDUM
Public Hearing/1st Reading Ordinance for the City Council Meeting of July 20, 2021
2nd Reading Ordinance for City Council Meeting July 27, 2021
DATE: 7/12/2021
TO: Peter Zanoni, City Manager
THRU: Neiman C. Young, PhD., Assistant City Manager
neimany@cctexas.com
(361) 826-3898
FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department
traceyc@cctexas.com
(361) 826-3021
CAPTION:
Ordinance adopting the Fiscal Year 2021-2022 Consolidated Annual Action Plan (CAAP) for the
Community Development Block Grant (CDBG) budget in the amount of $2,784,119, the Emergency
Solutions Grant (ESG) budget in the amount of $235,265, and the HOME Investment Partnerships
(HOME) budget in the amount of $1,162,686 for a total of $4,182,070 annual funding from the United
States Department of Housing and Urban Development (HUD); authorizing the execution of all
necessary documents to submit the CAAP; authorizing a staff complement of 13 positions; accepting
and appropriating funding for the approved CAAP projects and authorizing t he execution of funding
agreements, amendments and other documents necessary to implement the FY 2021 -2022 CAAP.
SUMMARY:
Required Public Hearing and Ordinance to meet the HUD requirements for approving the CAAP and to close the
Comment Period for citizens to provide comments on the proposed project funding for the FY2021-2022 CAAP.
BACKGROUND AND FINDINGS:
The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved
process for the FY 2021-FY2022 Consolidated Plan/Citizens Participation Plan, two public hearings prior to the
adoption of the FY 2021-2022 CAAP. To maximize the citizen comments from the public, a total of three public
hearings were held. An initial public hearing was held on February 5, 2021 and a second public hearing to
receive additional input was held on February 11, 2021. The public hearing to be conducted on Tuesday, July
20, 2021 will be a third public hearing. The City has met the public hearing requirements.
The City of Corpus Christi has received official notification from HUD of the FY 2021-2022 funding allocation for
the following programs:
Public Hearing and 1st Reading Ordinance regarding the City of Corpus Christi’s proposed
FY 2021-2022 Consolidated Annual Action Plan.
$2,784,119 Community Development Block Grant (CDBG)
$235,265 Emergency Solutions Grant (ESG)
$1,162,686 HOME Investment Partnerships Program (HOME)
For FY 2021-2022, CDBG received $133,557 more than FY2020-2021, ESG received $7,198 more than FY
2020-2021, and HOME received $107,038 more than FY 2020-2021.
Additional funding in the amount of $112,000 was recaptured from previously funded projects that were unspent
have been made available to be reprogrammed; as well as $200,000 of generated program income from the
Rehabilitation Loan Program; has been made available to augment funding levels for the upcoming FY 2021-
2022 CDBG program allocations for a total funding level of $3,096,119.
The ESG Program has $235,265 for FY 2021-2022. The intent of the ESG Program is to provide funding to
providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid
Re-Housing activities.
The HOME Program will have an allocation amount of $1,162, from entitlement funds, with an additional
$375,000 generated from the Rehabilitation Loan Program for a preliminary estimated funding amount of
$1,537,686 for the FY2021-2022 budget year.
The FY 2021-2022 CAAP is the fourth annual action plan of the previously approved five-year (FY 2018-FY
2022) Consolidated Plan and is the application to HUD for funding for the CDBG, ESG, and HOME Programs.
The FY 2021-2022 CAAP describes the activities and projects to be assisted with funds received under CDBG,
ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community development
objectives. The proposed FY 2021-2022 CAAP has been developed according to HUD regulations and is
required to be submitted to HUD no later than August 13, 2021.
ALTERNATIVES:
None
FISCAL IMPACT:
The City is expected to receive $4,182,070 in federal funding for projects which include community
improvements, housing programs, addressing homelessness, and affordable housing activities.
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
Staff is recommending the approval of the project recommendations for the CDBG, ESG and HOME Programs.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Projects
Ordinance adopting the Fiscal Year 2021-2022 Consolidated Annual Action Plan (CAAP)
for the Community Development Block Grant (CDBG) budget in the amount of
$2,784,119, the Emergency Solutions Grant (ESG) budget in the amount of $235,265, and
the HOME Investment Partnerships (HOME) budget in the amount of $1,162,686 for a
total of $4,182,070 annual funding from the United States Department of Housing and
Urban Development (HUD); authorizing the execution of all necessary documents to
submit the CAAP; authorizing a staff complement of 13 positions; accepting and
appropriating funding for the approved CAAP projects and authorizing the execution of
funding agreements, amendments and other documents necessary to implement the FY
2021-2022 CAAP.
Whereas, with proper notice to the public in accordance with HUD regulations, three (3) public
hearings were held by the City to receive public input on the FY 2021-22 Consolidated Annual
Action Plan. The final public hearing to be held on July 20, 2022 along with the first reading of
this ordinance;
Whereas, the City Council has determined that this ordinance adopting the FY 2021-2022
CAAP will best serve the public health, safety, necessity, convenience and general welfare of
the City of Corpus Christi and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
Section 1. The FY 2021-2022 Consolidated Annual Action Plan, which includes the funding
for CDBG, ESG and HOME Programs is hereby adopted.
Section 2. The City Manager or his designee is authorized to submit the FY 2021-2022 CAPP
to HUD and to amend the FY 2021-2022 CAAP as needed in accordance with HUD regulations.
Section 3. The City Manager or his designee is authorized to execute all documents necessar y
to accept and appropriate the grants from HUD into the Grant Fund No. 1059 for the approved
FY 2021-2022 CAAP.
Section 4: The City Manager or his designee is authorized to execute funding agreements
related to the FY 2021-2022 CAAP, and amendments thereto, and all other documents
necessary to implement the FY 2021-2022 CAAP with internal and external organizations for
projects and programs related to the FY 2021-2022 CAAP.
The foregoing ordinance was read for the first time and passed to its secon d 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 ________________
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
FY21/PY20 FY22/PY21 FY22/PY21
CDBG Entitlement $2,758,645 $2,784,119 $2,784,119
$406,146 $112,000 $112,000
$300,000 $200,000 $200,000
$100,000 $0 $0
$3,564,791 $3,096,119 $3,096,119
#PROJECT & DESCRIPTION Previous Year
Allocation
Originally Proposed
Allocation
Allocation After
Comments
1
GM - Program Administration
11% of total award
This project will fund 6 FTE staff salaries and administrative costs: 1- Grant Monitoring Manager, 2-
Coordinators, 1-Sr. Management Assistant, and 2-Contract Administrators. Staff is responsible for
administering the Community Development Block Grant (CDBG), the HOME Investment Partnership
(HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG
federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to
determine funding and eligibility, monitors subrecipients for program compliance, provides technical
assistance, conducts environmental assessments of funding projects/activities, and enforces Davis
Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in
order to remain in federal compliance.
$445,000 $325,352 $325,352
2
GM - Program Delivery
15% of total award
This is the operating budget for 7 FTE staff that service the various housing programs administered by
HCD: 1-Assistant Director, 1-Coordinator, 2-Rehab Specialists, 1-Program Specialists, and 2
Management Assistants. The staff manage and administer the Demolition/Reconstruction Loan
Program, Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Accessible
Ramp Program, Down Payment Assistance Program, Homebuyer Closing Cost Program, the Type A
Homebuyer Program, and Mortgage Servicing which manages the servicing of approximately 550
loans provided through the Single Family Demolition/Reconstruction and Rehabilitation Loan
Programs. Services include collection of loan payments, escrowing of insurance and property taxes,
payment of insurance and property taxes, preparing end of year escrow analysis, and providing
release of liens on loans that are paid off. Services provided include applicant in-take, loan
processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and
development of specifications and drawings. Staff must attend mandatory and required trainings to
remain in federal compliance.
$777,000 $465,918 $465,918
3
GM - Minor Home Repair Grant Program
Entitlement - $600,000
Program Income - $200,000
The Minor Home Repair Grant Program assists homeowners with a grant to provide repairs involving
the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps. The applicant
must be at least 62 years old or disabled. The applicant must meet the very low-income limits (50%
AMI).
$600,000 $800,000 $750,000
4
Rising Tide - Minor Home Repair Grant Program
Rising Tide Ministries will provide a Minor Home Repair Grant “Safe at Home” Program assists with a
grant to improve aging-in-place outcomes for low-income older adults by making repairs to their home
environment to meet their mobility and accessibility needs including repairs such as accessible
ramps, handrails, bathroom and kitchen modifications. The applicant must be at least 62 years old or
disabled. The applicant must meet the very low-income limits (50% AMI).
$0 $0 $50,000
5
Parks and Recreation
Proposed is Ben Garza Roof replacement and locker room renovation
The proposed project will include the enhancement of Ben Garza Gymnasium. The Gymnasium is
located on the grounds of Ben Garza Park and provides recreational space for the immediate
neighborhood which includes single family homes, apartments, homeless shelters and assisted
housing units. The gym and covered pavilion sit in the middle of the park providing opportunities for
programs such as basketball, volleyball and pickleball leagues. The park is listed as a major
investment park in the 2012 Parks and Recreation Master Plan. The Ben Garza Gymnasium recently
installed new gym flooring installed as part of the initial improvements. Parks is completing facility
improvements with a new roof replacement and locker room renovation. This area is subject to high
levels of juvenile delinquency and the negative impacts of chronic disease (diabetes, cardiovascular
disease, etc.). Recent improvements to the park and the Gymnasium will complete this park area by
addressing an underserved area of the community.
Previous is Salinas Park Improvements
$1,000,000 $480,336 $455,336
CITY OF CORPUS CHRISTI
FY2022 ANNUAL ACTION PLAN
RECOMMENDED FY2022/PY2021 CDBG PROGRAM
Program Income from Rehabilitation Program (Revolving Loan Fund estimate)
TOTAL FUNDS AVAILABLE
Reprogrammed Funds
Program Income from Code Enforcement (Revolving Fund)
1
#PROJECT & DESCRIPTION Previous Year
Allocation
Originally Proposed
Allocation
Allocation After
Comments
6
Code Enforcement-Demolition
This program consists of the demolition of substandard structures determined to be health and safety
issues and meet a threshold of 51% or more deterioration of the general structure. The demolition of
these structures is an abatement measure as deemed necessary by the City Code of Ordinances and
Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization
within the community as well as a goal established by City Council. Each structure will be assessed
and surveyed by Code Enforcement as a sub-standard building case. The property owner is provided
the opportunity to resolve the sub-standard conditions within the parameters of the City’s Building
Codes. Structures remaining sub-standard will be demolished under the authority of the Building
Standards Board. The City may charge an abatement cost and place a lien against the properties to
cover the cost incurred; or, The Demolition Grant Program allows the property owner the opportunity
to voluntarily agree to have their structure demolished. This Program benefits low income persons in
CDBG eligible areas to aid in the prevention/elimination of slums or blight.
Previous Year includes $150,000 for Booker Washington school
$200,000 $123,207 $148,207
7
Code Enforcement-Clearance of Vacant Properties
This program consists of the clearance of vacant properties in regards to the removal of the
accumulation of litter; solid waste; the mowing of tall weeds and dangerous weeds; and, abatement of
unsightly and unsanitary matter. The City may charge an abatement cost and place a lien against the
properties to cover the cost incurred. This Program benefits low income persons in CDBG eligible
areas to aid in the prevention/elimination of slums or blight. All CDBG eligible census tracts in the city
meet the HUD criteria for a deteriorating area and meet the national objective of serving the low
income clients.
$50,000 $115,898 $115,898
8
Code Enforcement Program (Staffing)
Adds 2 Code Officers and 1 staff for processing citations and notifications
This request is to fund full salary for eleven (11) full-time employees in the Code Enforcement Division
of the Police Department - nine (9) Compliance Officers at 100%, one (1) Senior Account Clerk and
one (1) Administrative Support II at 100% for special code enforcement activities associated with the
investigation, notification and abatement of ordinance violations in CDBG eligible areas. This amount
includes $2,700 ($300) for each staff member for required training and certifications. The Program
benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or
blight.
$392,791 $585,408 $585,408
9
Coastal Bend Food Bank
Coastal Bend Food Bank is a 501 (c)(3) nonprofit organization that provides food to a network of more
than 144 agency partners such as food pantries, shelters, senior centers and feeding agencies. The
proposed capital improvements entails a 100,000 square foot facility for a warehouse and
administration offices to be used for food collection and food distribution, nutrition and diabetes
management education programs.
$0 $200,000 $200,000
Boys and Girls Club Locker Room Plumbing $100,000 $0 $0
TOTAL $3,564,791 $3,096,119 $3,096,119
2
FY21/PY20 FY22/PY21 FY22/PY21
$232,899 $235,265 $235,265
#PROJECT & DESCRIPTION Previous Year
Allocation
Originally
Proposed
Allocation
Proposed
Allocation
After
Comments
1
City of Corpus Christi - ESG Administrative Cost
Administrative Cost is being requested to fund a staff person for the
overall administration of the Emergency Solutions Grant Program.
These functions include the financial oversight, compliance, and
technical assistance components of the program.
$17,467 $17,645 $17,645
2
Corpus Christi Hope House
The funding requested will provide emergency shelter and supportive
services to homeless families, specifically, homeless women with
children and provide assistance to keep individuals and families at-
risk of homelessness stably housed through Homeless Prevention
Program Assistance, and transition individuals and families out of
homelessness into permanent housing through Rapid Rehousing
Program Assistance
$95,216 $95,216 $95,216
3
The Salvation Army
The requested funding will allow The Salvation Army to continue to
provide food, emergency shelter, case management, and supportive
services including Rapid Rehousing to homeless and at-risk
individuals, families and Veterans and Coordinated Entry services.
The Emergency Shelter portion will provide for Emergency Shelter
management and kitchen staff, a portion of shelter utilities,
maintenance and food. the Rapid-Rehousing portion will provide for
rent and utility funds for 5 households with an average of 3 people
each for a total of 15 people.
$95,216 $100,000 $100,000
4
Endeavors of Corpus Christi
ESG funds will assist Endeavor Veterans Supportive Services
Program (EVSSP) in serving additional Veterans who are at risk of
homelessness with prevention funding to maintain and sustain
current housing. Homeless prevention services will be provided
through the form of intensive case management and rental and utility
arrears. The requested funds will support the EVSSP's to ensure
Veterans overcome barriers to housing stability and are successful
after obtaining housing stabilization.
$25,000 $22,404 $22,404
Total $232,899 $235,265 $235,265
RECOMMENDED FY2022
EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM
3
FY21/PY20 FY22/PY21 FY22/PY21
$1,141,628 $1,162,686 $1,162,686
Reprogram $500,000 $0 $0
Program Income $375,000 $375,000 $375,000
$2,016,628 $1,537,686 $1,537,686
#PROJECT & DESCRIPTION Previous Year
Allocation
Originally
Proposed
Allocation
Proposed
Allocation
After
Comments
1
HOME Administration/Technical Assistance
Administrative funds for staff planning, oversight, coordination, staff
supervision, monitoring and evaluation, contracting,
recordkeeping/reporting and overall program management. Staff
training and administrative expenses are also included in the
request. Technical assistance will be provided to enhance the
capacity of CHDO's, non-profits, owners/investors of rental property
and other organizations that may participate in the program. The
amount indicates 10% of the allowed 10% for administrative costs.
$114,162 $116,269 $116,269
2
GM Homebuyer Assistance
HCD will offer homebuyer down payment assistance to income-
eligible residents meeting the income guideline requirements for
80% AMI. Up to $25k for down payment assistance and up to $10k
for closing costs.
$200,000 $421,417 $421,417
3
Rental New Construction
Proposed TG 110, Inc. - Palms at Blucher Park
Palms at Blucher Park
Palms at Blucher Park is a proposed 72-rental unit multifamily
apartment community of which 72 units will be at or below 60% AMI.
This community will consist of 1, 2, and 3-bedroom units with a
number of amenities to include energy efficiencies. The new
construction will include energy efficient materials, fixtures and
appliances. The planned on-site amenities include full perimeter
fencing, secure entry, computer learning/business center, community
laundry room, children's play-scape and activity room. The
development will be financed primarily through the Texas
Department of Housing and Community Affairs' Low Income Housing
Tax Credits, private debt, and HOME funds through the City of
Corpus Christi.
Previous TG 110, Inc. - Village at McArdle
$1,000,000 $1,000,000 $1,000,000
Single Family Rehabiliation $500,000 $0 $0
Tenant Based Rental Assistance $202,466 $0 $0
Total $2,016,628 $1,537,686 $1,537,686
TOTAL FUNDS AVAILABLE
HOME Entitlement
HOME PROGRAM
RECOMMENDED FY2022
4
Consolidated Annual Action Plan
FY 2022/Program Year 2021
CDBG, ESG and HOME Allocations
July 20, 2021
FY2021-2022 CAAP
2
•FY 2021-2022 Consolidated Annual Action Plan is the 4 th Annual
Action Plan to the 5-year Consolidated Plan (Con Plan) covering
October 1, 2018 through September 30, 2023.
•Annual updates to the 5-year plan are required to receive U.S.
Department of Housing and Urban Development (HUD)
entitlement funds for community development, housing and
homelessness.
5-Year Consolidated Plan Goals
3
•5-year Consolidated Plan Goals
•Provide Decent Affordable Housing
•Creating Suitable Living Environments
•Creating Economic Opportunities
•All activities throughout the 5-year period must support one of
the Consolidated Plan outcomes
•Provide decent, affordable housing
•Provide a suitable living environment
•Increase homeownership
•End homelessness
Timeline for Submittal
4
Milestones Date
Required Public Comment
Period (30 days)June 21-July 20, 2021
1st Reading/Public Hearing July 20, 2021
2nd Reading/Adoption July 27, 2021
Submission to HUD August 13, 2021
Entitlement Allocations
5
Entitlement FY2021-2022
PY2021
FY2020-2021
PY2020*Increase
Community Development Block
Grant (CDBG)$2,784,119 $2,650,562 $133,557
Emergency Solutions Grant (ESG)$235,265 $228,067 $7,198
HOME Investment Partnerships
(HOME)$1,162,686 $1,055,648 $107,038
Total $4,182,070 $3,934,277 $247,793
*Does not include CARES Act funds
CDBG
6
FY21/PY20 FY22/PY21 FY22/PY21
CDBG Entitlement 2,758,645$ 2,784,119$ 2,784,119$
Reprogrammed Funds 406,146$ 112,000$ 112,000$
Program Income from Rehabilitation Program (RLF estimate) 300,000$ 200,000$ 200,000$
Program Income from Code Enforcement (Revolving Fund)100,000$ -$ -$
TOTAL FUNDS AVAILABLE 3,564,791.00$ 3,096,119.00$ 3,096,119.00$
#Project
Previous Year
Allocation
Originally
Proposed
Allocation
Allocation After
Comments
1
GM - Program Administration
11% of total award 445,000$ 325,352$ 325,352$
2
GM - Program Delivery
15% of total award 777,000$ 465,918$ 465,918$
3
GM - Minor Home Repair Grant Program
Entitlement - $600,000
Program Income - $200,000 600,000$ 800,000$ 750,000$
4
Rising Tide - Minor Home Repair Grant Program
Safe-at-Home Program -$ -$ 50,000$
5
Parks and Recreation
Ben Garza Roof replacement and locker room renovation
Previous year was Salinas Park 1,000,000$ 480,336$ 455,336$
6
Code Enforcement-Demolition
Previous year included $150k for Booker Washington 200,000$ 123,207$ 148,207$
7 Code Enforcement-Clearance of Vacant Properties 50,000$ 115,898$ 115,898$
8
Code Enforcement Program (Staffing)
Adds 2 Code Officers ($16.30/hr) and 1 staff ($13.75/hr) for
processing citations and notifications 392,791$ 585,408$ 585,408$
9
Coastal Bend Food Bank
Capital Improvements -$ 200,000$ 200,000$
Boys and Girls Club Plumbing 100,000$ -$ -$
TOTAL 3,564,791$ 3,096,119$ 3,096,119$
ESG
7
FY21/PY20 FY22/PY21 FY22/PY21
ESG Entitlement 232,899$ 235,265$ 235,265$
#PROJECT & DESCRIPTION
Previous Year
Allocation
Originally
Proposed
Allocation
Proposed
Allocation After
Comments
1 City of Corpus Christi - ESG Administrative Cost 17,467$ 17,645$ 17,645$
2 Corpus Christi Hope House 95,216$ 95,216$ 95,216$
3 The Salvation Army 95,216$ 100,000$ 100,000$
4 Endeavors of Corpus Christi 25,000$ 22,404$ 22,404$
TOTAL 232,899$ 235,265$ 235,265$
HOME
8
FY21/PY20 FY22/PY21 FY22/PY21
HOME Entitlement 1,141,628$ 1,162,686$ 1,162,686$
Reprogram 500,000$ -$ -$
Program Income 375,000$ 375,000$ 375,000$
TOTAL FUNDS AVAILABLE 2,016,628$ 1,537,686$ 1,537,686$
#PROJECT & DESCRIPTION
Previous Year
Allocation
Originally
Proposed
Allocation
Proposed
Allocation After
Comments
1 HOME Administration/Technical Assistance 114,162$ 116,269$ 116,269$
2
GM Homebuyer Assistance
Increase from $10k down payment and $10k closing costs to
up to $25k for down payment assistance and up to $10k for
closing costs.* 200,000$ 421,417$ 421,417$
3
Rental New Construction
Proposed TG 110, Inc. - Palms at Blucher Park
FY21/PY20 TG 110, Inc. - Village at McArdle 1,000,000$ 1,000,000$ 1,000,000$
Single Family Rehabiliation 500,000$ -$ -$
Tenant Based Rental Assistance 202,466$ -$ -$
TOTAL 2,016,628$ 1,537,686$ 1,537,686$
*7 homebuyers assisted since 10/1/2020 with Type A and HOME totalling $111,651.
Recommendation
9
Approve ordinance adopting the Fiscal Year 2021-2022 Consolidated
Annual Action Plan (CAAP) for:
•The Community Development Block Grant (CDBG) budget in the amount
of $2,784,119
•The Emergency Solutions Grant (ESG) budget in the amount of $235,265
•The HOME Investment Partnerships (HOME) budget in the amount of
$1,162,686 for a total of $4,182,070 annual funding from the United
States Department of Housing and Urban Development (HUD)
•Authorizing the execution of all necessary documents to submit the CAAP
•Authorizing a staff complement of 13 positions
•Accepting and appropriating funding for the approved CAAP projects and
authorizing the execution of funding agreements, amendments and other
documents necessary to implement the FY 2021-2022 CAAP.
AGENDA MEMORANDUM
Public Hearing and Action Item for the City Council Meeting of 7/20/2021
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: David Blackmon, Interim Chief of Police
davidbl@cctexas.com
361-886-2605
CAPTION:
Resolution approving the Corpus Christi Crime Control District budget f or FY 2022 with revenues
in a total amount of $7,720,024.00 and expenditures in a total amount of $7,518,479.00 to fund
63 authorized Police sworn personnel, five replacement vehicles, and equipment to support both.
SUMMARY:
The purpose of this Resolution is to hold a public hearing to receive public comment and approve
or reject the proposed FY 2022 Corpus Christi Crime Control District budget as mandated by the
State law.
BACKGROUND AND FINDINGS:
Provisions of the Local Government Code section 363.205 require that the governing body of the
political subdivision that created the Crime Control and Prevention District shall hold a public hearing
on the proposed annual budget to receive public comment and approve or reject the budget
submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District.
On November 4, 1997, the Corpus Christi voters established the Crime Control and Prevention
District for five years. As a result, the District began on April 1, 1998. Corpus Christi voters renewed
the District on November 6, 2002 for another five years, then on April 14, 2007 for ten years, and on
November 8, 2016 for another ten years. The proposed budget continues the 1/8-cent sales tax to
fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus
Christi. Additionally, the proposed $7.5 million budget provides funding for 63 officers, five
replacement vehicles, and equipment to support both.
Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on
the budget no later than the 45th day before the date each fiscal year begins, and section 363.205(d)
requires the governing body of the District to approve or reject the budget no later than the 30th day
Public Hearing and Resolution approving the Fiscal Year 2022
Corpus Christi Crime Control District Budget
before the date each fiscal year begins
The Crime Control and Prevention District held a public hearing on June 16, 2021 and the Board
adopted the proposed FY 2022 Corpus Christi Crime Control District budget on that date. The budget
must now be submitted to the City Council for review and approval. In such, the City Council must
hold a public hearing in accordance with notice and all other procedures required by law.
ALTERNATIVES:
None.
FISCAL IMPACT:
This item represents $7,720,024.00 in revenues in Fund 9010 “Crime Control & Prevention
District” fund for FY 2022 to support $7,518,479.00 in expenditures which will allow funding for 63
authorized sworn police officers, five replacement vehicles, and equipment to support both.
RECOMMENDATION:
Staff recommends approving the budget.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Budget adopted by the Crime Control and Prevention District Board of Directors
Resolution approving the Corpus Christi Crime Control District budget for FY 2022
with revenues in a total amount of $7,720,024.00 and expenditures in a total amount
of $7,518,479.00 to fund 63 authorized Police sworn personnel, five replacement
vehicles, and equipment to support both.
Whereas, the Crime Control and Prevention District Board held a public hearing on June
16, 2020 and the Board adopted FY 2021-2022 budget on the same day; and
Whereas, the City Council of the City of Corpus Christi held a public hearing on the
budget adopted by the board on July 20, 2021; and
Whereas, the notice of the Public hearing was published in a newspaper of general
circulation in the district not later than 10 days before the hearing.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
Section 1. The FY 2022 budget for the Corpus Christi Crime Control and Prevention
District is approved.
PASSED AND APPROVED on the ______ day of _________, 202 1:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
City Council
July 20, 2021
FY 2022
Proposed Budget
Crime Control and Prevention District
1
Budget Summary
Revenues:
•Crime Control and Prevention District is funded with
one-eighth of one percent sales tax
Expenditures:
•FY 2022 Proposed Expenditure Budget funds -
o 63 sworn police officer positions
o 5 marked police package vehicle replacements
o $200,000 in minor tools and equipment
2
3
Budget Overview
FY 2020
Actuals
FY 2021
Adopted
Budget
FY 2021
Amended
Budget
FY 2021
Estimated
Actuals
FY 2022
Proposed
Budget
Beginning Fund Balance 5,096,600 5,270,461 5,270,461 5,270,461 5,334,006
Total Revenue 7,431,391 6,817,421 6,817,421 7,540,015 7,720,024
Total Expenditures 7,257,531 7,560,613 7,668,449 7,476,470 7,518,479
Ending Fund Balance 5,270,461 4,527,269 4,419,433 5,334,006 5,535,551
4
Revenues
FY 2020
Actuals
FY 2021
Adopted
Budget
FY 2021
Amended
Budget
FY 2021
Estimated
Actuals
FY 2022
Proposed
Budget
Sales Tax Revenue 7,352,833 6,796,901 6,796,901 7,533,114 7,712,985
Interest on Investments 48,666 20,520 20,520 6,901 7,039
Net Inc./Dec. in FV of Investments 575 ----
Transfer from other fund - HRSOT 29,318 ----
Total 7,431,391 6,817,421 6,817,421 7,540,015 7,720,024
5
Expenditures
FY 2020
Actuals
FY 2021
Adopted
Budget
FY 2021
Amended
Budget
FY 2021
Estimated
Actuals
FY 2022
Proposed
Budget
Police Officer Costs 6,947,864 6,962,946 6,973,578 6,882,342 6,920,812
Public Safety Vehicles & Equipment 309,666 497,667 594,871 594,128 497,667
Reserve Appropriation -100,000 100,000 -100,000
Total 7,257,531 7,560,613 7,668,449 7,476,470 7,518,479
City Council
July 20, 2021
FY 2022
Proposed Budget
Crime Control and Prevention District
6
DATE: July 20, 2021
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director of Public Works
RichardM5@cctexas.com
(361) 826-3419
Josh Chronley, Assistant Director of Contracts and Procurement
Joshc2@cctexas.com
(361) 826-3169
CAPTION:
Ordinance rejecting the apparent low bid of WLE, LLC. of Austin, Texas 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 Storm Water on Rodd Field from Saratoga
to Ayers Street for an estimated amount of $204,540.00 with Dorame General Repair & Lawn
LLC. of Corpus Christi, Texas for the Public Works Department, with FY 2021 funding in an
amount not to exceed $11,363.33 available through the Storm Water Fund.
SUMMARY:
This ordinance authorizes a three-year service agreement for the mowing and grounds
maintenance of Stormwater Group 5A1. These services are necessary to maintain aesthetics in
and around the high traffic areas that are highly visible and must always be presentable.
BACKGROUND AND FINDINGS:
Mowing and grounds maintenance ensures that street right-of-way sites are clean, well-
maintained and presentable at all times. This contract is to maintain street rights-of-way, and
medians that comprise Group 5A1, which consists of two different locations, with a total area of
23.51 acres per cycle. The contract stipulates a total of 20 mowing cycles be completed per
annuum, or a total of 470.20 acres to be mowed per annuum. The detail of the tracts included in
Group 5A1 are listed in Table 1.
Mowing and Ground Maintenance for Stormwater Group 5A1
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting July 20, 2021
Second Reading Ordinance for the City Council Meeting July 27, 2021
Department of Public Works
SWO Vegetation Management Division
Mowing Services for Stormwater Street Right of Ways for Group 5A1
Locations and Acreage
ID Area Location Acreage
G5-A1 Saratoga Rodd Field to Las
Colina’s
23.09
G5-A6 Ayers - 0.42
Total: 23.51 Acres
The lowest bidder for Stormwater Mowing Group 5A1 solicitation was WLE, LLC; however, they
are not recommended to be awarded this contract due to past performance issues with this firm.
In August 2020, WLE, LLC., was awarded a stormwater mowing contract which included tracts of
right-of-way and stormwater ditches located in the North Beach area. When the contractor arrived
on site, they called the City’s Contract Funds Administrator regar ding the mowing contract in
Vegetation Management. In response, City staff drove out to the site at North Beah to meet with
WLE, LLC., in person. WLE, LLC., told staff that they bid way too low for the amount of work that
was needed to complete the job to contract specifications. Further WLE, LLC., informed City staff
that they were not going to acquire the needed equipment and that they would not be fulfilling the
terms of this contract. Upon the notice to proceed notification, WLE, LLC., refused to perform the
work specified in their contract and subsequently was terminated on the grounds of non-
performance.
In view of their non-performance under the aforementioned contractual agreement to provide
similar services, WLE, LLC.’s bid for Stormwater Mowing Gr oup 5A1 was deemed as non-
responsible and rejected. The contract is recommended to be awarded to the next lowest bidder,
Dorame General Repair & Lawn LLC. of Corpus Christi, Texas. The difference between the bids
received for WLE, LLC., and Dorame General Repair & Lawn for Stormwater Mowing Group 5A1
was $44,983.00.
The City has and currently contracts with Dorame General Repair & Lawn LLC. for various
departments, such as Public Works and Parks and Recreation.
PROCUREMENT DETAIL:
Contracts and Procurement conducted a competitive Request for Bid (RFB) process to obtain
bids for a new long-term mowing and grounds maintenance contract and received four bids.
The previous mowing contract was a three-year service agreement and was awarded to both
Cutrite, LLC., of San Antonio, Texas on July 28, 2020, in the amount of $216,486.00 and Dorame
General Repair and Lawn, LLC., of Corpus Christi, Texas in the amount of $218,400.00. This
agreement was for mowing services for Storm Water Groups 5A1, 5A2 and 1A.
The Contracts and Procurement Department conducted a competitive Request for Bid process to
obtain bids for a long-term contract. The City received seven bids, five which were responsive.
The recommendation was to award to the lowest responsible bidder, Cutrite, LLC., for Group 5A1.
Due to continued unacceptable performance of the services provided, Public Works issued a
certified “cure letter” to Cutrite, LLC., on October 12, 2020. Cutrite, LLC., continued to perform
unacceptably, continuously failing City staff inspection site checks and was subsequently
terminated on the grounds of non-performance, effective March 10, 2021.
In view of their non-performance under the aforementioned contractual agreement to provide
similar services, the contract for Group 5A1 was awarded to the second bidder, Dorame General
Repair & Lawn, LLC., of Corpus Christi, Texas.
Dorame General Repair & Lawn, LLC., continues to service this area until a new contract is
approved by City Council.
Furthermore, WLE, LLC., submitted their bid unit price for 20 cycles and 23.51 acres in the amount
of $1,159.85 for a total of $23,197.00. Based off previous contracts amounts and past
performance, City staff doesn’t believe that this amount per unit price is sufficient to warrant
efficient performance for the number of cycles and number of acres associated with this area.
As such, city staff and Contracts and Procurement recommends awarding this new contract to
the lowest responsive, responsible bidder, Dorame General Repair & Lawn LLC. of Corpus
Christi, Texas.
ALTERNATIVES:
The alternative is to hire additional City staff and purchase additional equipment to do the work
in-house. Currently, Public Works does not have the appropriate staffing levels nor the equipment
necessary to provide service to these areas.
FISCAL IMPACT:
The FY 2021 fiscal impact to Stormwater Fund is an amount not to exceed $11,363.33, with the
remaining balance totaling $193,176.67.00 contingent upon City Council’s approval of future fiscal
year’s annual operating budgets.
FUNDING DETAIL:
Fund: 4300 Storm Water
Organization/Activity: 32001 SWO Vegetation Management
Mission Element: 043 Drainage infra-surface/pipes
Project # (CIP Only): N/A
Account: 530225 Mowing and Grounds Maintenance
Amount: $11,363.33
RECOMMENDATION:
Staff recommends approval of this ordinance authorizing a three-year service agreement with two
additional one-year options to Dorame General Repair & Lawn LLC. for Stormwater Mowing
Group 5A1 as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Bid Tabulation
Service Agreement
Page 1 of 3
Ordinance rejecting the apparent low bid of WLE, LLC. of Austin, Texas 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 Storm Water on Rodd Field from Saratoga to Ayers
Street for an estimated amount of $204,540.00 with Dorame General Repair
& Lawn LLC. of Corpus Christi, Texas for the Public Works Department, with
FY 2021 funding in an amount not to exceed $11,363.33 available through the
Storm Water Fund.
WHEREAS, the services to be provided by the selected contractors have
been competitively bid based upon and in accordance with a procurement method
authorized by State law and the Charter of the City of Corpus Christi (“City”);
WHEREAS, the City received bids for mowing services for the Public Works
Department, in response to Request for Bid (“RFB”) No.3594 of which only the
lowest responsive, responsible bidder may be awarded the agreement;
WHEREAS, state law provides that, if the competitive sealed bidding
requirement applies to a contract for goods or services, the contract must be
awarded to the lowest responsive, responsible bidder or to the bidder that provides
the best value, pursuant to Texas Local Government Code §252.043(a);
WHEREAS, the City notified all bidders in its bid documents for RFB
No.3463 that contracts would be awarded to the lowest responsive, responsible
bidders;
WHEREAS, the apparent low bidder, WLE, LLC, was awarded a prior
mowing agreement in August of 2020 for mowing of City property on North Beach
and failed to perform;
WHEREAS, based on its failure to perform under a previous agreement,
the apparent low bidder, WLE, LLC, is deemed non-responsible;
WHEREAS, the City Council finds that the next lowest responsive,
responsible bidder awarded a contract for mowing services for Public Works to
Dorame General Repair & Lawn LLC of Corpus Christi, Texas, for an amount not
to exceed $204,540.00; and
WHEREAS, in the event the lowest responsive, responsible bidder fails to
execute the contract for the awarded item or fails to perform under a contract for
any awarded items, the City Manager, or designee, is authorized to execute a
contract for the remainder of the contract term with the next lowest bidder, in
succession, in order to secure replacement mowing services.
Page 2 of 3
Now, therefore, be it ordained by the City Council of the City of Corpus
Christi, Texas:
Section 1. The City Council finds that the foregoing preamble language stated in
this resolution to be true and correct and adopts such findings for all intents and
purposes related to the authorizations of each of the procurements that are the
subject of this resolution.
Section 2. The City Council finds that Dorame General Repair & Lawn LLC, is the
lowest responsive, responsible bidder for mowing services Group 5A1and is
awarded a contract for an amount not to exceed $204,540.00.
Section 3. The City Manager, or designee, is authorized to execute a three-year
service agreement with two additional one-year options with Dorame General
Repair & Lawn LLC of Corpus Christi, Texas, for an amount not to exceed
$204,540.00 for mowing services Group 5A1.
Section 4. In the event that the bidder fails to execute the contract for the awarded
item or fails to perform under a contract for any awarded items, the City Manager,
or designee, is authorized to execute a contract for the remainder of the contract
term with the next lowest bidder, in succession, in order to secure replacement
mowing services.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the _____ day of ___________, 202 1, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
Page 3 of 3
That the foregoing ordinance was read for the second time and passed finally on this the
_____ day of __________ 2021, by the following vote:
Paulette M. Guajardo ________________ John Martinez ________________
Roland Barrera ________________ Ben Molina ________________
Gil Hernandez ________________ Mike Pusley ________________
Michael Hunter ________________ Greg Smith ________________
Billy Lerma ________________
PASSED AND APPROVED on this the ______ day of _________________, 2021.
ATTEST:
_________________________ ________________________
Rebecca Huerta Paulette M. Guajardo
City Secretary Mayor
ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Unit Price Total Price
1
Mowing and Ground
Maintenance for
Storm Water Group
5A1
23.51 20
1,159.85$ 23,197.00$ 3,409.00$ 68,180.00$ 3,855.00$ 77,100.00$
23,197.00$ 68,180.00$ 77,100.00$
ITEM Description Acres Cycle Unit Price Total Price
1
Mowing and Ground
Maintenance for
Storm Water Group
5A1
23.51 20
4,114.25$ 82,285.00$
82,285.00$
* $68,180.00 x 3 = $204,540.00
Olympia Landscape
Development Inc. -
Laredo, Texas
Tony's Lawn Service -
Corpus Christi, Texas
WLE, LLC -
Austin, Texas
*Dorame General Repair &
Lawn LLC -
Corpus Christi, Texas
City of Corpus Christi
Contracts and Procurement
Sr. Buyer : Cynthia Perez
Bid Tabulation
RFB # 3594
Mowing and Ground Maintenance for Storm Water Group 5A1
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 12, 2021
SERVICE AGREEMENT NO. 3594
Mowing and Grounds Maintenance for Stormwater Group 5A1
THIS Mowing and Grounds Maintenance for Stormwater Group 5A1 Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Dorame General Repair & Lawn, LLC
(“Contractor"), effective upon execution by the City Manager or the City Manager’s
designee (“City Manager”).
WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for
Stormwater Group 5A1 in response to Request for Bid/Proposal No. 3594 (“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 Mowing and Grounds Maintenance for
Stormwater Group 5A1 (“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 two additional one-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
$204,540.00, 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 must 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:
Name: Patrice Aubert
Department: Public Works
Phone: (361) 826-1699
Email: PatriceA@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
DocuSign Envelope ID: 1201BE79-90EF-4FB9-887D-D36679C2AD98
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 12, 2021
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: Patrice Aubert
Title: Work Coordinator
Address: 2525 Hygeia Street, Corpus Christi, Texa 78415
Phone: (361) 826-1699
Fax: N/A
IF TO CONTRACTOR:
Dorame General Repair & Lawn, LLC
Attn: Ramon Dorame
Title: President
Address: 4213 Hamlin Drive, Corpus Christi, Texas 78411
Phone: (361) 533-6728
Fax: N/A
17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
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Approved as to Legal Form March 12, 2021
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 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
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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.
DocuSign Envelope ID: 1201BE79-90EF-4FB9-887D-D36679C2AD98
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form March 12, 2021
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. 3594
Exhibit 2: Contractor’s Bid/Proposal Response
DocuSign Envelope ID: 1201BE79-90EF-4FB9-887D-D36679C2AD98
6/7/2021
President
Ramon J. Dorame
Revised 11.30.20
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide complete mowing and grounds maintenance services
for street rights-of-way, circles, and medians including all reasonable and necessary
labor, supervision, equipment and supplies to keep contracted areas properly
maintained. Grounds at each site are always to be safe and presentable.
The Bidder may not use subcontractors in connection with the work performed if
awarded a contract. The Contractor must be located within a 30-mile radius of City
of Corpus Christi.
1.2 Scope of Work
Provide complete grounds maintenance including litter and debris removal,
mowing, trimming and applying fertilizer to City owned property as shown on Exhibit.
A. Prep Work:
1.The Contractor and all related employees shall attend an orientation prior to
the term of the contract and each extension at the following location:
Public Works
2525 Hygeia St.
Corpus Christi, Texas 78415
2.Prior to each operation, the Contractor shall remove all litter and debris,
including paper, cans, bottles, bags, grass clippings, accumulated leaves,
palm fronds, and other tree litter including tree limbs from the identified
locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs,
groundcover beds, all curbs and gutters, and other hard surfaces within the
identified location. Pick-up shall consist of removal of visible litter larger than
three inches square. Special attention shall be given to ensure the removal of
objects, which may cause injury, if thrown from equipment.
3.After operations, the Contractor shall remove any visible trash and debris that
were cut up during the process. The Contractor shall not dispose of any trash
or debris into dumpsters located on City property. The trash and debris must
be removed from City property and disposed of in accordance with all City
ordinances. All trash and litter shall be disposed of properly at the Contractor’s
expense and proof of such proper disposal through third party invoices or
landfill receipts shall be turned in to the Contract Administrator on a monthly
basis. However, if the debris is too large to haul, the Contractor shall pile the
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debris, take a picture and email the picture and location to the Contract
Administrator prior to leaving the location.
4.The Contractor is required to cover/tarp debris while transporting for disposal
and while moving from site to site. Should the Contractor dispose of the litter
and debris at an illegal dumpsite, it is grounds for termination of this
agreement.
B. Mowing and Trimming
1.Turf shall be mowed to a height of three inches using reel or rotary type
mowers. Rough cutting, scraping and bush hogging will not be permitted.
Turf shall be mowed to maintain a neat appearance. If any mowing is to be
omitted or delayed, it shall be omitted or delayed only at the discretion of the
Contract Administrator or authorized designee. Mowing cycles must be
completed according to the cycle description indicated below.
2.Cycles Description –
ROW/Storm Water Group 5 A1
•20 Cycles
*The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two
cycles per month. Cycle 1 should be during 1st-15th Cycle 2 16th – to end of month.
3.Mower height to be measured with mower on a flat, paved surface. A high
quality of cut shall be provided using mowers with sharp cutting blades so as
not to tear, but cleanly cut the blades of grass. Mowing shall be performed in
a manner as not to damage trees, shrubs, plants, signs, or other obstructions.
4.String line trimmers shall not be used to mow or trim turf areas wider than 24
inches, except in areas approved by the Contract Administrator.
5.Mowing and trimming operations shall be performed in such a manner as to
prevent the piling of excessive and unsightly grass clippings and leaves on
lawns. The Contractor shall remove excessive clippings immediately following
each mowing cycle prior to the work crew leaving the work site.
6.All resulting clippings and leaves shall be removed from any roadway,
walkway, parking area, or any other hard surface including curbs and gutters
and from plant beds, tree collars, etc.
7.The Contractor shall perform all trimming for each cycle using herbicides,
hand labor, or mechanical devices. Trimming shall include around all trees,
shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles,
curbing, sidewalks, parking lot, concrete pads, including cracks and
expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by
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the mowing operation located adjacent to, above, or hanging over the curb
must be trimmed each mowing cycle. At time of each mowing, trimming shall
be done in a manner as not to damage trees, shrubs, fences, etc. At no time
shall wild vegetation be allowed to grow out of these areas.
8.At the time of each mowing, the Contractor shall remove “sucker” growth at
the base of trees before it reaches one foot in height and all materials and
debris shall be removed from site after each such pruning.
C. Edging
1.The Contractor shall promptly remove all debris, including soil and trimmings
from the areas, sidewalks, and roadways after each edging operation prior to
the work crew leaving the work site.
1.3 Work Site and Conditions
A. The work shall be performed at locations throughout the City as defined by
group. See Exhibit 1 for locations.
B. The Contractor shall supply the City with a work schedule to indicate the normal
starting and completion times for its operations. The Contractor shall provide
landscaping and grounds maintenance only in appropriate months and in
accordance with the City’s cycle requirements. Changes in such work schedules
must be approved by the City Staff.
C. Work Hours: The Contractor will confine all operations to daylight hours, Monday
through Friday, unless one of the days is a City designated holiday. Saturday and
Sunday work will require approval from the Contract Administrator.
D. Non-Work Hours: The Contractor may not store any equipment or tools on any
site. After completion of work at any site, the Contractor must remove all
equipment, supplies, and materials from that site.
E. Ozone Warning Days:
1.No mowing will be done on the designated Ozone Action Days except in
the case of a special event, emergency or removing a liability. If mowing
is necessary for such a situation, mowing will be kept to a minimum.
However, the Contract Administrator or designee will retain the right to
determine and notify the contractor of any such special event,
emergency or liability.
2.All push mowers, string line trimmers, riding mowers and other small engines
will not be used at all.
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3.Diesel powered mowing equipment will be allowed to operate on the
second day of back-to-back Ozone Action Days if equipment is labeled
stating the type of fuel used and the contractor has contacted the
Contract Administrator, or designee, and received permission to proceed
with work order.
4.Equipment using reformulated gas will be allowed to operate on the third
day of back-to-back Ozone Action Days if equipment is labeled stating
the type of fuel used and the contractor has contacted the Contract
Administrator, or designee and received permission to proceed with work
order.
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
1.5 Safety Requirements
A. Public Safety and Convenience: The safety of the public and the convenience
of traffic shall be regarded as prime importance. All portions of streets shall be
kept open to traffic. The Contractor shall coordinate all Work with the Contract
Administrator and shall place warning signs in accordance with the current
version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands,
safety flags, and all other safety materials or devices as well as safety vests will
be required to protect the mowers and the traveling public and will be furnished
by the Contractor. The Contractor will be responsible for the maintenance or
replacement of these items as necessary. If at any time work is in progress, the
traffic control devices do not accomplish the intended purpose due to weather
or other conditions affecting the safe handling of traffic, the Contractor shall
immediately make necessary changes thereto to correct the unsatisfactory
conditions. These provisions for directing traffic will not be paid for directly but
shall be subsidiary to the various bid items of this contract.
B. Chemicals: All products (chemicals) shall be kept in a properly labeled container
and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS
notebook by the contractor. The Contractor shall also supply a copy of all SDS
sheets to the Contract Administrator.
1.6 Equipment
A. All Contractor’s grounds maintenance equipment must be equipped with safety
devices which conform to manufacturer’s standards and all applicable OSHA
regulations to prevent damage to property. All equipment shall be kept in good
operating condition and shall always be maintained to provide a clean sharp
cut of vegetation. All equipment shall be approved by the Contract
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Administrator. The typical type of equipment required for the ground
maintenance operations are commercial riding lawn mowers 60” or larger,
blade edger, string line trimmers and blowers.
B. Should the Contractor's equipment require service while at any location, the
Contractor must notify the Contract Administrator or designee. The Contractor
shall not permit any oil, grease, or lubricants to spill onto or to contaminate the
soil. The Contractor shall be responsible for any clean up and disposal of
contaminated soil in accordance with all Applicable City, State, and Federal
Regulations.
1.7 Security and Protection of Property
A. Security Requirements:
1.The Contractor shall maintain and abide by the security measures at all
locations including locking gates when leaving the sites.
2.The Contractor shall not enter the buildings at any location for any reason
without receiving prior approval from the Contract Administrator
B. Protection of Property:
1.The Contractor shall take proper measures to protect all property which
might be damaged by Contractor’s Work hereunder, and in case of any
damage resulting from any act or omission on the part of or on behalf of
the Contractor, the Contractor shall restore at the Contractor’s own
expense the damaged property to a condition similar or equal to that
existing before such damage was done, or shall make good such
damage in an acceptable manner.
2.All damages which are not repaired or compensated by the Contractor
will be repaired or compensated by City forces at the Contractor's
expense. All expenses charged by the City for repair work or
compensation shall be deducted from any monies owed to the
Contractor.
1.8 Notifications and Inspections
A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the
Contract Administrator or designee indicating the locations and work being
performed that week for approval. If the locations listed on the approved
schedule were not mowed and the schedule requires modifications the revised
schedule shall be submitted to the Contract Administrator or designee by 5:00
p.m. the day the location were missed. No work shall be started without
proper, prior notification.
B. A list of completed locations ready for inspection shall be emailed to the
Contract Administrator or designee no later than 7:00 a.m. on the day to be
inspected. When a location is completed, the assigned City Inspector shall
inspect the site and advise the Contractor of any discrepancies/rejections. In
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Revised 11.30.20
order to receive credit for mowing rejected locations the Contractor shall take
whatever action necessary to correct the discrepancies within one working
day. Rejected locations not turned in for re-inspection within one business day
of the rejection will be deemed incomplete for the cycle and the Contract will
not be given credit. For the purpose of this contract, workdays shall include
Monday-Friday, unless one of the days is a City designated holiday. The
Contract Administrator shall then make another inspection and if the
discrepancies have not been corrected, the Contractor will be notified, and a
$25 re-inspection fee will be charged for a third inspection. At that time the
Contractor shall have one working day to complete the work. If the
discrepancies still have not been corrected, the Contractor will be notified to
correct the discrepancies and a $50 re-inspection fee will be charged. Failure
of the fourth inspection will deem the property un-serviced and will need to be
completed in its entirety, within the same cycle and resubmitted for the first
inspection. The Contractor shall deduct the inspection fee from the payment
to be made to the City of Corpus Christi.
C. The Contractor shall submit invoices ONLY after cycles are completed. All
areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty
will be applied to the invoice total for incomplete cycles. Incomplete cycle
payment will be adjusted to reflect the properties missed based on the
average price per acre. The 10% penalty will apply to the adjusted invoice
total.
D. The City shall have the right to examine the supplies, materials and equipment
used by the Contractor, its subcontractors, agents, and employees at any time
during the contract or extension terms.
E. Work Crew Supervision: The Contractor shall always provide qualified
supervision of each crew while working under this Contract. Each supervisor
shall be authorized by the Contractor to accept and act upon all directives
issued by the City and Contract Administrator. Failure of the supervisor to
act on said directives shall be enough cause to give notice that the
Contractor is in default of the contract, unless such directives would create
potential personal injury or safety hazards.
F. Contractor shall promptly (same day) notify the Contract Administrator of any
broken or damaged irrigation systems and poor or inadequate irrigation
patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken
signs, watering schedules defects or hazards that impact quality of turf and/or
landscaping.
G. The Contractor shall be responsible for the replacement of any plantings that
may be damaged due to improper performance of designated maintenance
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activities. In such case, the Contract Administrator or designee shall specify
when replacement is to be made. If the Contractor fails to replace the
plantings according to instruction of the Contract Administrator, the
Contractor agrees that the City may replace and reduce the Contractor
payment by the amount of cost of replacement planting.
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Exhibit 1
G5 – A1
ID Area Location
Acreage Landscape
G5-A1 Saratoga Medians and ROW Roddfield Rd. To Calle Cuernavaca 23.09 NO
G5-A6 Ayers Allencrest to Saratoga 0.42 NO
23.51
GROUP 5A1
Total
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G5-A1 Continued
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G5-A6
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*
* $68,180.00 x 3 = $ 204,540.00
Attachment B - Bid Price/ScheduleDocuSign Envelope ID: 1201BE79-90EF-4FB9-887D-D36679C2AD98
Attachment C - Insurance Requirements
I. CONTRACTOR’S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City’s Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability Including:
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
$500,000 Combined Single Limit
WORKERS’ COMPENSATION
EMPLOYER’S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
DocuSign Envelope ID: 1201BE79-90EF-4FB9-887D-D36679C2AD98
II.ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in an amount sufficient to assure
that all workers’ compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
•List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
•Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
•Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
•Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
DocuSign Envelope ID: 1201BE79-90EF-4FB9-887D-D36679C2AD98
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor’s performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self-insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2020 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
06/08/2020 Risk Management – Legal Dept.
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Council Presentation
July 20, 2021
Department of Public Works
Group 5A1 Mowing Contract Award
Mowing
Contract for
Group 5A1:
Rights-of-Way and
Medians
•Saratoga Medians and ROW 23.09 Acres
•Ayers .42 Acres
Total 23.51 Acres
2
Saratoga– Rodd Field to Airline
3
Department of
Public Works
Saratoga- Airline to Everhart
4
Department of
Public Works
Saratoga – Everhart to Kostoryz
5
Department of
Public Works
Saratoga- Kostoryz to Las Colina’s– 23.09 Acres
6
Department of
Public Works
Ayers - .42 Acres
7
Department of
Public Works
8
Department of
Public Works
Questions?
DATE: July 1, 2021
TO: Peter Zanoni, City Manager
FROM: Tammy Embrey, Director of Intergovernmental Relations
tammye@cctexas.com
361-826-3622
STAFF PRESENTER(S):
Name Title/Position Department
1.Tammy Embrey Director Intergovernmental Relations
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. Snapper Carr Partner and General Counsel Focused Advocacy
2. Brandon Aghamalian Partner and President Focused Advocacy
3. Curt Seidlits Founder and CEO Focused Advocacy
BACKGROUND :
The 87th Session of the Texas Legislature is behind us and it was impacted by COVID -
19 restrictions, Winter Storm Uri and political tensions over hot button policy issues .
Tammy Embrey, Intergovernmental Relations Director, along with City of Corpus Christi
legislative consultants from Focused Advocacy in Austin will provide the Council
insights and lessons learned from the 87th legislative session in Austin. The
presentation will also cover a look ahead into the Special Sessions that will occur this
year, what the city needs to consider moving into the interim activities in 2022 and
looking ahead to the 88th session for 2023.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint – City of Corpus Christi 87th Regular Session Legislative Wrap Up
87th Texas Legislature Wrap-up
A look back at the 87th Legislative Session, Special Sessions Ahead, What’s next?
AGENDA MEMORANDUM
City Council Meeting of July 20, 2021
CITY OF CORPUS CHRISTI
87TH REGULAR SESSION LEGISLATIVE WRAP UP
Brandon Aghamalian, Snapper Carr, Curtis Seidlits & Andrew Keefer
CORPUS CHRISTI
SENATE DELEGATION
2
•Health & Human
Services (Chair)
•Business & Commerce
•Finance
•Natural Resources &
Economic
Development
•Transportation
•Water, Agriculture &
Rural Affairs
•Ports, Select
•Jurisprudence (Vice-
Chair)
•Redistricting,
Special (Vice-Chair)
•Criminal Justice
•Natural Resources &
Economic
Development
•Transportation
•Constitutional Issues,
Special
•Ports, Select
•Natural Resources &
Economic
Development (Vice-
Chair)
•Higher Education
•Local Government
•State Affairs
Sen. Juan ‘Chuy’ Hinojosa Sen. Judith Zaffirini Sen. Eddie Lucio, Jr.Sen. Lois Kolkhorst
•Education (Vice-Chair)
•Finance (Vice-Chair)
•Natural Resources &
Economic
Development
•State Affairs
•Constitutional Issues,
Special
•Ports, Select
•Redistricting, Special
CORPUS CHRISTI
HOUSE DELEGATION
3
•Appropriations
•Appropriations -
S/C on Article III
•Environmental
Regulation
•Redistricting
•Redistricting -
Chair
•International
Relations &
Economic
Development
•State Affairs
•Energy
Resources (Vice
Chair)
•Agriculture &
Livestock
Rep. Todd Hunter Rep. Abel Herrero Rep. J.M. Lozano Rep. Geanie Morrison
•Public
Education (Vice
Chair)
•Transportation
OVERVIEW
•Drivers of the Session
•Leadership Priorities
•What Didn’t Pass
•What Did Pass
•Special Session(s)
4
SESSION
DRIVERS
•New Speaker
•COVID-19 Pandemic
•George Floyd death & protests
•Presidential Election Results
•Winter Storm Uri
5
2021 TEXAS LEGISLATURE:
BY THE NUMBERS
6
Year Total Bills
Introduced
Total Bills
Passed
City-Related bills
introduced
City-Related
bills passed
2021 (87R)7,148 1,885 2,200+249
2019 (86R)7,324 1,429 2,300+338
2017 (85R)6,800 1,208 2,500+294
2015 (84R)6,476 1,329 1,900+220+
•3,593 Bills/JR’s filed in last 10 business days before filing deadline (50%)
•Over 30% of all bills filed were city related bills
•2,246 Total Bills/JR’s tracked by Focused Advocacy
BUDGET
•In 2020 during the COVID-19 pandemic, Comptroller projected $4.6 B
budget deficit
•In January 2021, the Comptroller projected a $1 B deficit
•$248.5 B total budget for 2022-23 budget cycle
•Public education: $46.5 B
•Health care: $34.2 B
•$11.6 B in Rainy Day Fund
7
BUDGET
•$30M for Defense Economic Adjustment Assistant Grant to benefit
Naval Air Station Corpus Christi and the Corpus Christi Army Depot
•$4.5M for air quality planning at the Texas Commission on
Environmental Quality
•Allowed Corpus Christi air shed to remain in attainment even as
EPA has tightened National Ambient Air Quality Standards for
ozone
8
WHAT DID NOT PASS
MUNICIPAL BILLS
DID NOT PASS
•Community censorship / Taxpayer Funded Lobby
•Sales tax refund transparency
•Sales tax sourcing
•Partisan city elections
•Preemption of city regulation of state licensees
•Expansion of videoconferencing and teleconferencing under TOMA
•Land development shot clock expansion
•ETJ removal
•SOS review / litigation on municipal ballot language
•Short term rental preemption
•Omnibus disaster authority during pandemic
•Extension of Chapter 313 incentives
•Preemption of city employment regulations
10
SALES TAX
REFUND TRANSPARENCY
•SB 778 (Hinojosa) / HB 4032 (Herrero)
•Would authorize a city to access the comptroller’s audit
reports and audit working papers that are included and
identified by the city or local governmental entity relating
to a sales tax reallocation or refund
•Both bills received a hearing but were left pending in
committee
11
SB 10:
CITY/COUNTY ADVOCACY BAN
•As passed by Senate:
•Applied only to cities and counties
•Justification: “because that’s how we did SB 2” (revenue caps)
•Prohibited cities from:
•joining organizations (TML / NTC) if it paid a registered lobbyist, and
•hiring an outside consultant
•Created private cause of action
•any taxpayer/citizen could file
•injunctive relief
•loser pays attorney fees
12
SB 10:
CITY/COUNTY ADVOCACY BAN
•House version:
•Applies to ALL political subdivisions (city, county, schools, hospital districts, MUDs,
transit/mobility authority, special purpose district, etc.); similar to SB 1879
•Banned political subdivisions from hiring a lobbyist unless certain conditions are met
(legislative agenda and contracts posted, council approval of contract in explicit vote, etc.)
•Banned lobbyists from:
•advocating on revenue caps (3.5%), and
•seeking reimbursing from a political subdivision for meals or entertainment expenses
•Complaints about violations to be filed at TEC
•SB 10 was set on House calendar
•certain House members were poised to amend the bill
•author elected to kill the bill by never taking it up (procedural action)
13
HB 4640/SB 2186:
PORT OF CORPUS CHRISTI
•Would have provided broad, unprecedented economic development authority to
the Port of Corpus Christi (an appointed body that is not directly accountable to
voters)
•Would have allowed the Port to divert tariff proceeds to other projects instead of
maintaining the waterway, improving docks, freight equipment, etc.
•Would have allowed the Port to buy land and remove it from the tax rolls in direct
competition with private developers who generate revenue for the region
•Would have granted exceptions to building codes, fees, taxation, and zoning laws
•Ultimately, HB 4640 died because it failed to receive an affirmative vote in House
Transportation
14
ECONOMIC
DEVELOPMENT
HB 1556 (Murphy) – did not pass
•Would extend the expiration date of the Texas Economic Development Act from December 31, 2022, to December 31, 2032
HB 4242 (Meyer) – did not pass
•Would extend the expiration date of the Texas Economic Development Act from December 31, 2022, to December 31, 2024
•Lawmakers had renewed the program three times by wide margins since its initial passage in 2001
•For the first time since Chapter 313 was created, the Texas Legislature declined to extend the controversial program
•Possible special session item
15
ETJ REMOVAL
•Concerted effort to limit the city’s ability to regulate in their ETJ
–HB 3476 (Bettencourt): an amendment was added in the Senate
(and later stripped by the House) which would have allowed a
landowner in the ETJ to petition to be released
–SB 1992 (Bettencourt): would force a city to release the area
from the ETJ by petition or election, depending on the
population of the area –did not pass
–SB 1500 (Buckingham): authorize voters to petition for release of
the ETJ or petition for disannexation of the area – did not pass
16
WHAT DID PASS
SB 1448:
TWIA
•Relating to the powers and duties of the Texas Windstorm Insurance
Association and the windstorm insurance legislative oversight board
•Extends the sunset dates of both select interim committees until
2023
•Requirement that two-thirds of the TWIA Board of Directors must
vote to approve any rate increase.
18
BEACH
SAFETY
HB 3807 – the Je’Sani Smith Act
•Requires cities, counties, and the Parks and Wildlife Department to add signs and lifeguards
in certain areas to improve the safety of public beaches during the summer months
•Towers must be occupied by lifeguards during reasonable daylight hours from March –
November
•Require posted signs within 100 yards of each structure describing the dangerous water
conditions that could occur near the structure
HCR 36
•designates April as Beach Safety and Rip Current Awareness Month
•Raise public awareness of the potential dangers of swimming in the ocean
19
HB 1869:
DEBT
•As originally filed, bill would force a city to count certificates of obligations (CO) debt on the M&O side of the 3.5% cap unless the CO was voter approved
•As finally passed, allows cities to issue COs without voter approval for a wide array of purposes outlined in the statue
•Exemptions include water, sewar, streets, vehicles, equipment, public safety, parks, renovating existing buildings, TIFs, etc.
•Basically requires voter approval for issuing debt to construct city buildings
20
SB 23:
LAW ENFORCEMENT DEFUNDING
•Requires voter approval to reduce “law enforcement budgets” in
counties with a population of more than one million (only applies to
five counties: Harris, Dallas, Tarrant, Bexar, and Travis)
•If county reduces the budget without voter approval, county's
property tax revenue will be frozen
•Provides a disaster exemption to the election requirements,
21
HB 1900:
LAW ENFORCEMENT DEFUNDING
•Applies to
•cities over 250,000 in population (only applies to 11 cities: Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, Arlington,
Corpus Christi, Plano, Laredo, and Lubbock)
•that “reduces the appropriation to the municipality’s police department” (by comparing last years appropriation to the “police
department” to current year.
•As determined by the Governor’s office
•If Governor declares a city a “defunding municipality”:
•city loses their annexation powers for 10 years
•any area annexed in the past 30 years can vote to dis-annex from the city
•freezes city property tax revenues
•state withholds sales taxes and gives it to the DPS to pay for the cost of state resources used to protect residents of a defunded
municipality
•Exceptions if percentage of reduction did not exceed percentage of reduction to total budget
•Additional exceptions:
•any sales and use tax revenue received by the city for the purpose of financing a crime control and prevention district does not
count toward the total budget
•does not apply to a “defunding municipality” annexing all or part of an area that was designated an industrial district as of January
1, 2021.
22
SB 3:
EMERGENCY PREPAREDNESS
SB 3 (Schwertner/Paddie) – passed
•Weatherizes electric generation
•Improves load-shed planning
•Power outage alert system
•Weatherizes critical natural gas facilities
•Better coordination among agencies
23
HB 1929:
ETJ AGREEMENTS
HB 1929 (Wilson/Buckingham) – passed
•except in the ETJ of a city with a population of 1.9 million or more, provide
that:
•a city that enters into an ETJ development agreement waives immunity
from suit for the purpose of adjudicating a claim for breach of contract
•actual damages, specific performance, or injunctive relief (but not
consequential or exemplary damages) may be granted in an
adjudication brought against a city for breach of an ETJ development
agreement
24
SUMMER
SPECIAL SESSION(S)
•Special Session agenda:
–Bail Reform
–Election Integrity
–Border Security
–Social Media Censorship
–Article X Funding
–Family Violence Prevention
–Youth sports
–Abortion-inducing Drugs
–Thirteenth Check (TRS)
–Critical Race Theory
–Legislation providing appropriations for
the following purposes:
•property-tax relief
•foster-care system providers
•cybersecurity
25
•Governor has announced a special session to begin July 8, 2021
–Special sessions cannot last more than 30 days
FALL
SPECIAL SESSION(S)
•A second special session expected September/October for:
–Redistricting
•Due to pandemic, the census data not available until September 2021
–Federal funds
•Governor compromised with lawmakers to give them bigger say in
determining allocation of $16B for COVID-19 recovery
26
THANK YOU
QUESTIONS?
APPENDIX:
CITY-RELATED BILLS
GOVERNOR ABBOTT
PRIORITY ITEMS
29
Broadband
(HB 5)
Protecting Law
Enforcement Budgets
(SB 23 / HB 1900)
Bail Reform
(SB 21)
Election Integrity
(SB 7)
Liability Protection
from COVID-19
related lawsuits
(SB 6)
ERCOT reform
(SB 2)
Correcting ERCOT
Billing Error
(SB 2142)
Winterization of
Power Generators
(SB 3)
SPEAKER PHELAN
PRIORITY ISSUES
30
BILL #SUBJECT PASSED
HB 1 State Budget No
HB 2 State Budget – Supplemental Appropriations Yes
HB 3 Pandemic Response Act No
HB 4 Telehealth & Telemedicine Yes
HB 5 Broadband Internet Expansion Yes
HB 6 Election & Ballot Security No
HB 7 Employer's Unemployment Compensation Tax Rate Yes
HB 8 Request for Law Enforcement Employment Records No
HB 9 Criminal Punishment for Obstructing Highway Yes
HB 10 Reforming ERCOT No
SPEAKER PHELAN
PRIORITY ISSUES
31
BILL #SUBJECT PASSED
HB 11 Weatherization and Hardening Power Generation No
HB 12 Alerting Texans During Emergencies No
HB 13 Disaster Coordination No
HB 14 Weatherizing Natural Gas Infrastructure No
HB 15 Establishing a Brain Institute of Texas No
HB 16 Defending Utility Ratepayers Yes
HB 17 Protecting Homeowner Rights Yes
HB 18 Lowering Drug Costs for the Uninsured Yes
HB 19 Procedure, Evidence, and Remedies in Civil Actions Yes
HB 20 Release of Defendants on Bail No
LT. GOV. PATRICK
PRIORITY ISSUES
32
BILL #SUBJECT PASSED
SB 1 State Budget Yes
SB 2 ERCOT Reform Yes
SB 3 Power Grid Stability Yes
SB 4 Star Spangled Banner Protection Act Yes
SB 5 Broadband Access No
SB 6 Pandemic Liability Protection Act Yes
SB 7 Election & Ballot Security No
SB 8 Heartbeat Bill Yes
SB 9 Abortion Ban Trigger No
SB 10 Stop Taxpayer Funded Lobbying No
SB 11 Appellate Court Reorganization No
SB 12 Protect Free Speech on Social Media No
SB 13 Oil & Gas Investment Protection Yes
SB 14 Business Freedom and Uniformity Act No
SB 15 Ban Sale of Personal Data from Certain State Agencies Yes
LT. GOV. PATRICK
PRIORITY ISSUES
33
BILL #SUBJECT PASSED
SB 16 Protect State-held Personal Data No
SB 17 Protect Texas Trucking No
SB 18 Protect Second Amendment Businesses No
SB 19 Stop Corporate Gun Boycotts Yes
SB 20 Second Amendment Protections for Travelers Yes
SB 21 Bail Reform No
SB 22 First Responders Pandemic Care Act Yes
SB 23 Stop Local Police Defunding Yes
SB 24 Law Enforcement Transparency Act Yes
SB 25 Family Nursing Home Visitation Rights Yes
SB 26 Freedom to Worship No
SB 27 Expanding Virtual Learning Options No
SB 28 Charter School Equity Act No
SB 29 Fair Sports for Women & Girls No
SB 30 Remove Racist Restrictions from Real Estate Deeds Yes
HB 4447:
SHOT CLOCK
HB 4447 (Oliverson) – did not pass
•define "land development application" to mean an application or other
document relating to land development that was required to be approved by
a municipal body or county commissioners court or the court's designee
before the land development could commence.
•would include a title or description used by cities and counties to refer to
those applications or other documents, including, among other terms, "plat"
and "plan." The term would not include:
•an application or other document for which approval by a municipal body
or commissioners' court or designee did not authorize the land
development to commence; or
•a subdivision construction plan, subdivision engineering plan, or similar or
related plan.
34
SB 1090:
BUILDING MATERIALS
SB 1090 (Bettencourt/Murr) – passed
•Provides exemption from HB 2439, the building materials
legislation passed last session for
•“Dark Sky Communities”
•Horseshoe Bay
35
SB 374:
ANNEXATION ACROSS R.O.W.
SB 374 (Seliger/Shine) – passed
•a city annexing an area on request of the owners, an area with less than 200
population by petition, an area with at least 200 population by election, or certain
special districts may also annex with the area:
•the right-of-way of a street, highway, alley or other public way or of a railway line
spur, or roadbed that is contiguous to the city’s boundaries and the area being
annexed
•the right-of-way of a public road or highway connecting the area being annexed to
the city by the most direct route
•a city may only annex a right-of-way if the city:
•provides written notice of the annexation to the owner of the right-of-way not
later than the 61st day before the date of the proposed annexation
•the owner of the right-of-way does not submit a written objection to the city
before the date of the proposed annexation
36
SB 58:
CLOUD COMPUTING
SB 58 (Zaffirini/Turner) – passed
•add cloud computing services to the definition of the term
“personal property” for purposes of the Public Property
Finance Act
37
SB 19:
FIREARMS
•Prohibits a governmental entity from entering into a contract
of $100,000 or more with a company unless the contract
contains a written verification that the company:
–does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade
association
–will not discriminate during the term of the contract against
a firearm entity or firearm trade association
38
PANDEMIC RESPONSE LEGISLATION
HB 3 (Burrows) – did not pass
•would create the Texas Pandemic Response Act to
establish the roles of the governor, state agencies, the
judicial branch and political subdivisions of the state in the
prevention of, preparation for, response to and recovery
from a pandemic disaster.
•Would also create the Pandemic Disaster Legislative
Oversight Committee to oversee pandemic disaster
declarations.
39
HB 1348:
ZONING
HB 1348 (Deshotel) – did not pass
•require a city to consider an open-enrollment charter school a school district for purposes of zoning, permitting, code compliance, and development, including land development standards in territory that a city has annexed for limited purposes
•prohibit a city from enacting or enforcing an ordinance or regulation that prohibits an open-enrollment charter school from operating at any location or within a zoning district in the city
•provide that an open-enrollment charter school is not required to pay impact fees unless the school’s governing body consents to the payment
•provide that an open-enrollment charter school may be exempt from utility drainage ordinances and regulations, and that any such exemption granted to a school district before the effective date of the bill automatically extends to all open-enrollment charter schools located in a city.
40
HB 1391:
PROPERTY TAX RATE ELECTIONS
HB 1391 (Middleton) – did not pass
•provide that in an election held on a city’s proposed tax rate
that exceeds the voter-approval tax rate or de minimis tax
rate, as applicable, if a majority of the voters reject the
proposed tax rate, the tax rate of the city is reduced to the
lesser of the no-new-revenue tax rate or the voter-approval
tax rate
41
HB 753:
SOLID WASTE CONTRACTS
HB 753 (Cain) – did not pass
•would prohibit a city from:
•charging a person granted a franchise to provide solid waste
management services in the city franchise fees of more than two
percent of the gross receipts of the franchisee for the sale of
services in the city
•restricting the right of an entity to contract with a person other
than the city, or an exclusive franchisee of the city, for solid waste
management services for commercial, industrial, or multifamily
residential waste
42
HB 610:
STATE LICENSE HOLDERS
HB 610 (Swanson) – did not pass
•would authorize a person who, or entity that, holds a state license in
order to practice the individual’s occupation or conduct the entity’s
business to bring legal action against a city to enjoin the enforcement
of a local law that:
•establishes requirements for, imposes restrictions on, or otherwise
regulates the occupation or business activity of the license holder in
a manner that is more stringent than the requirements, restrictions,
and regulations imposed on the license holder under state law
•results in an adverse economic impact on the license holder
43
HB 754:
REGULATION OF RENTAL PROPERTY
HB 754 (Cain) – did not pass
•preempt a municipality from adopting or enforcing an ordinance
that requires a landlord of a multi-unit complex to:
•obtain a rental license to rent a dwelling
•pay a change of address fee for the change of the landlord's
address
•pay annual inspection fees totaling more than certain amounts
depending on the number of dwelling units
44
HB 2092:
PARTISAN CITY ELECTIONS
HB 2092 (Sanford) – did not pass
•would provide that a candidate must declare a party
affiliation to run for a city office
45
HB 4121:
LAND DEVELOPMENT APPLICATIONS
HB 4121 (Guillen) – did not pass
•require a political subdivision to approve, approve with conditions, or
disapprove a land development application within 30 days after the
date the land development application is filed
•define “land development application” broadly to include an
application for a subdivision development plan, subdivision
development, construction of subdivision improvements, site plan
development, development of on-site or off-site improvements, and
any endeavor over which a regulatory agency exerts its jurisdiction and
for which one or more permits are required to initiate, continue, or
complete the endeavor
•provide various circumstances in which a court could award a person
court costs and attorney’s fees against a city and a city officer
46
HB 664:
LOCAL DEBT ELECTIONS
HB 664 (Landgraf) – did not pass
•an election for the issuance of bonds or other debt shall be
held on the November uniform election date
47
HB 3909 (Harris) – did not pass
•if an individual is required to possess an occupational license
issued by a state licensing authority to engage in
an occupation, a political subdivision may not adopt or
enforce any ordinance, order, rule, regulation, law, or policy
that requires the individual to: (a) possess an occupational
license issued by the political subdivision to engage in that
occupation; or (b) meet any other requirement or
precondition to engage in that occupation
HB 3909:
MUNICIPAL PREEMPTION
48
HB 1878:
VACANT RESIDENTIAL BUILDING
HB 1878 (Gates) – did not pass
•prohibit a city or county from adopting or enforcing an order, ordinance, or other
regulation that requires an owner of a vacant residential building to obtain a permit to
conduct repairs to the building if the repairs are necessary to: (a) protect public safety; or
(b) prevent further damage to the building
•prohibit the governor to exempt a county or municipality from this prohibition by an
executive order issued under the Texas Disaster Act
•provide that an owner of a vacant residential building who is required to obtain a permit in
violation of this prohibition may: (a) bring an action against the county or municipality that
violated state law for damages incurred due to the violation; and (b) recover reasonable
attorney's fees and litigation costs if the owner prevails in the action
•waives governmental immunity of the city or county to suit and from liability to the extent
of liability created by this prohibition.
49
DATE: April 27, 2021
TO: Peter Zanoni, City Manager
FROM: Richard E. Martinez, Director
Public Works Department
RichardM5@cctexas.com
(361) 826-3419
STAFF PRESENTER(S):
Name Title/Position Department
1. Richard Martinez Director Public Works
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. Jorge Cruz-Aedo CEO CCRTA
BACKGROUND:
The Corpus Christi Regional Transportation Authority was created by the community to
provide quality transportation in a responsible manner consistent with its financial
resources and the diverse needs of our customers. This briefing will provide an
overview of some positive transformational changes to how RTA serves and protects
riders and team members. It will touch on management of their finances during a
pandemic which helped support and maintain operations, employee retention and
provide financial support to procure items to mitigate COVID -19. They developed online
automated processes and enhanced several technological systems and services for
customers and team members. The briefing will also touch on their 2019 audit test and
their Annual Comprehensive Financial Report (ACFR), while concluding with their
“Better Starts with Me” campaign and their optimism regarding their future plans to
enhance and expand services.
LIST OF SUPPORTING DOCUMENTS:
YouTube Video – A Year in Review https://www.youtube.com/watch?v=5BfaTVGAgY0
Briefing from the Corpus Christi Regional Transportation Authority (RTA) – A Year in
Review
AGENDA MEMORANDUM
City Council Meeting of June 20, 2021