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Agenda Packet City Council - 12/17/2019
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, December 17, 2019 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Pastor David Bendett, Rock City Church. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Albert Quintanilla, Director of Street Operations. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.19-1724 Commendation for Mandalyn Puebla. Commendation for Robert Galvan, Sr. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.OTHER H.MINUTES: I.BOARD & COMMITTEE APPOINTMENTS: J.EXPLANATION OF COUNCIL ACTION: Page 1 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised K.CONSENT AGENDA: (ITEMS 2 - 34) 2.19-1751 One-reading Ordinance authorizing the conveyance of approximately 0.55 acres of land out of Lot 7A, King Square Addition, located adjacent to Lions Park (near McArdle Road and Holmes Drive) to Housing and Community Services, Inc. in consideration of payment of $115,300. Sponsors:Engineering Services 3.19-1641 One-reading Ordinance to Approve the 2020 Annual Audit Plan. Sponsors:City Auditor 4.19-1784 One-reading Ordinance approving the addition of six full-time positions with required salaries, benefits and equipment to the Engineering Services Department budget; amending the FY 2020 Operating Budget as required for the last eight months of the year with funding coming from the FY 2020 Capital Improvement and Operational Budgets as required. Sponsors:Engineering Services and Office of Management and Budget 5.19-1786 One-reading Ordinance approving two contracts for comprehensive facility assessments to LNV, Inc. in the amounts of $29,880 for the Art Center of Corpus Christi and $52,830 for the Art Museum of South Texas, located in Council District 1, with work beginning upon issuance of notice to proceed, with funds available in the Type A Seawall System CIP Fund; and amending the FY 2020 Capital Improvement Program Budget. Sponsors:Engineering Services, Parks and Recreation Department and Contracts and Procurement 6.19-1666 Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Preventative Maintenance Program Reserves. Sponsors:Engineering Services, Street Department and Contracts and Procurement 7.19-1490 Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 8.19-1491 Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Page 2 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised Unit Development. Planning Commission and Staff recommend Approval. Sponsors:Development Services 9.19-1492 Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 10.19-1618 Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. Sponsors:Police Department 11.19-1675 Ordinance eliminating, revising, modifying, and merging advisory boards and committees as a result of a thorough review. Sponsors:City Secretary's Office and Strategic Planning & Innovation 12.19-1500 Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. Sponsors:Legal Department 13.19-1513 Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC. Sponsors:Gas Department 14.19-1349 Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $133,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Sponsors:Economic Development 15.19-1619 Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17-foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. (District 1). Sponsors:Development Services 16.19-1638 Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. Sponsors:Finance & Business Analysis Page 3 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised 17.19-1691 Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. Sponsors:Engineering Services, Parks and Recreation Department and Contracts and Procurement 18.19-1732 Ordinance authorizing a navigable canal on North Beach. 19.19-1457 Resolution renewing an Interlocal Cooperation Agreement with Nueces County and the Port of Corpus Christi Authority with the City of Corpus Christi in-kind contribution providing office space, utilities and related services for a term of five years for the Local Emergency Response Planning Committee to enhance emergency response preparedness for hazardous materials. Sponsors:Fire Department 20.19-1486 Motion authorizing a three-year supply agreement, for a total amount not to exceed $1,023,279.00, with Beasley Tire Service-Houston Inc., of Houston, Texas, for the purchase of tires for City owned sedans, pickup trucks, heavy-duty trucks and trailers to be installed by Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $284,244.17 available through the Fleet Maint Svs Fund. Sponsors:Asset Management Department and Contracts and Procurement 21.19-1559 Resolution authorizing an interlocal governmental agreement with the Texas Department of Motor Vehicles for five years relating to motor vehicle registration refusal for failure to appear or failure to pay a fine on a traffic law violation; and authorizing an agreement with Linebarger Goggan Blair & Sampson, LLP to assist with the implementation of a Motor Vehicle Registration Refusal Program. Sponsors:Municipal Court Administration 22.19-1653 Motion authorizing a three-year lease purchase agreement with Great South Texas Corporation dba Computer Solutions of San Antonio, Texas for the amount not to exceed $4,999,616.07 for the Cisco network, hardware and software, effective upon issuance of a notice to proceed, with first year funding in an amount of $1,666,538.69 available through the FY2020 Info Tech Fund. Sponsors:Information Technology Services 23.19-1710 Motion authorizing a two-year license agreement with EC America, Inc., of Page 4 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised McLean, Virginia for an amount not to exceed $68,094.87, for the purchase of Citrix software licenses and support renewal used by staff of the Corpus Christi Police Department and Nueces County Sheriff’s Department, effective upon issuance of a notice to proceed, with funding in the amount of $68,094.87 for the two-year agreement available through the FY 2020 Info Tech Fund. Sponsors:Information Technology Services and Contracts and Procurement 24.19-1535 Motion authorizing the purchase of three vehicles for the Utilities Department, which consist of one Explorer, one F150 pickup truck and one F550 pickup truck, as additions to the fleet, from Silsbee Ford of Silsbee, Texas, for a total amount of $128,966.00, effective upon issuance of letter of acceptance, with funding available through the FY 2020 Water and Storm Water Department Funds. Sponsors:Utilities Department and Contracts and Procurement 25.19-1534 Motion authorizing the purchase of four John Deere mini excavators from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas for a total amount of $273,200.00 to be used daily by the Utilities Department for emergency repairs and construction of water and wastewater infrastructure as additions to the fleet, effective upon issuance of letter of acceptance, with funding available through the FY 2020 Wastewater and Water Funds. Sponsors:Utilities Department and Contracts and Procurement 26.19-1549 Motion authorizing the lease-purchase of one XL3100 Gradall excavator, as an addition to the fleet, from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas, for a total amount of $474,423.00, for the Utilities Department to be used daily for construction work and emergency repairs of water and wastewater infrastructure throughout the City, effective upon issuance of letter of acceptance, with FY 2020 funding in the amount of $94,884.60 available through the Stormwater Funds. Sponsors:Utilities Department and Contracts and Procurement 27.19-1635 Resolution approving an Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program. Sponsors:Housing and Community Development 28.19-1661 Resolution decertifying the City of Corpus Christi under Texas Highway Beautification Act; and reestablishing the annual permit renewal fee for billboard signs. Sponsors:Development Services 29.19-1711 Resolution authorizing the submission of applications to the Texas Commission on Environmental Quality for La Quinta Channel and Inner Harbor water rights diversion and discharge permits necessary for development of two seawater desalination plants and authorizing payment Page 5 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised of permit fees in total amount not to exceed $450,000. Sponsors:Utilities Department 30.19-1643 Motion authorizing an amendment to Supply Agreement No. 1026 for sodium bisulfite for a total amount not to exceed $169,999.87, with Southern Ionics, Inc. of West Point, Mississippi, increasing the supply agreement value to a not to exceed value of $1,336,481.42 for the dechlorination of wastewater at the Oso Wastewater Treatment Plant, with funding available through the FY 2020 Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 31.19-1731 Motion to revise the Residential Street Rebuild Program (RSRP) Project Selection Matrix. There is no change to the fiscal impact, only the streets selected for future rehabilitation and/or reconstruction on future program years would be changed. Sponsors:Street Department 32.19-1757 Motion to approve Amendment No. 1 to Developer Agreement for Park Road 22 Bridge and Village Canal. Sponsors:Assistant City Manager 33.19-1683 Motion authorizing a design build contract with Progressive Commercial Aquatics, Inc., of Houston, Texas, for the design and construction of three splash pads at city parks, for a total amount not to exceed design-to budget of $1,650,000, effective upon issuance of notice to proceed, with funding through the Community Enrichment Fund and CDBG Grant Funds. Sponsors:Parks and Recreation Department and Contracts and Procurement 34.19-1685 Motion approving the 2020 Council Meeting calendar. Sponsors:City Secretary's Office L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (ITEMS 35 - 37) 35.19-1687 Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff recommend approval. Sponsors:Development Services 36.19-1699 Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication (Council District 1). Sponsors:Planning & Environmental Services Page 6 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised 37.19-1698 Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Road off Lipes Boulevard; amending Comprehensive Plan; and providing publication (Outside City limits near Council District 5). Sponsors:Planning & Environmental Services N.REGULAR AGENDA: O.RECESS TO CORPORATION MEETING: P.RECONVENE COUNCIL MEETING: Q.FIRST READING ORDINANCES: (ITEMS 38 - 45) 38.19-1712 Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. Sponsors:Business Liaison 39.19-1648 Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12, and authorizing a staff complement of 3 FTE's. Sponsors:Police Department 40.19-1613 Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor- Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. Sponsors:Fire Department 41.19-1629 Ordinance appropriating $33,926.39 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. Sponsors:Fire Department Page 7 City of Corpus Christi Printed on 12/16/2019 December 17, 2019City Council Meeting Agenda - Final-revised 42.19-1526 Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi - Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. Sponsors:Fire Department 43.19-1620 Ordinance authorizing execution of all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE. Sponsors:Health Department 44.19-1644 Ordinance abandoning and vacating a 10-foot wide by approximately 703-feet in length (7,048.1 sq. ft.) existing utility easement out of Lot 2B and Lot 2C, Block 1, SWACO Tract, located at 1706 Saratoga Boulevard. (District 3) Sponsors:Development Services 45.19-1733 Ordinance to revise fees for Sunrise Beach camp sites effective February 1, 2020. Sponsors:Utilities Department S.BRIEFINGS: T.EXECUTIVE SESSION: U.IDENTIFY COUNCIL FUTURE AGENDA ITEMS V.ADJOURNMENT Page 8 City of Corpus Christi Printed on 12/16/2019 DATE:December 5, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P.E., Director of Engineering Services jeffeye@cctexas.com (361) 826-3851 Albert Quintanilla, P.E. Director of Street Operations albertq@cctexas.com (361) 826-3515 CAPTION: One-reading ordinance authorizing the conveyance of approximately 0.55 acres of land out of Lot 7A, King Square Addition, located adjacent to Lions Park (near McArdle Road and Holmes Drive) to Housing and Community Services, Inc. in consideration of payment of $115,300. SUMMARY: This ordinance conveys 0.55 acres of surplus City owned land to Housing and Community Services, Inc.for their use in future development of the adjoining property. They are in the process of purchasing from Corpus Christi Regional Transportation Authority. BACKGROUND AND FINDINGS: In 1985, the City originally acquired the subject 0.55 acre tract by donation for the purpose of constructing an extension of Mustang Trail between S. Staples Street and McArdle Road. This narrow strip of land is approximately 60 feet wide by 405 feet long and is out of Lot 7A, King Square Addition. This proposed connecting street would have served to provide better access to what is now known as the La Palmera Mall. As shown on the Conveyance of 0.55 acre City land tract to Housing and Community Services, Inc. AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 Council Exhibit map, this section of 60 foot wide strip is located east of Lions Park and between two improved properties with commercial structures. The land to the east is owned by the Corpus Christi Regional Transportation Authority. The acquisition of additional right of way on each end of this 0.55 acre tract of land was never acquired to complete the project. Subsequently, another connector street was constructed in 1995 further eastward called Shopping Way Drive. This 0.55 acre tract is no longer needed for street construction and has been requested by Housing and Community Services, Inc. The conveyance of this tract to an abutting landowner is allowed by the Texas Local Government Code Authorization, Section 272.001(b)(1). Authorization to convey real estate property rights from the City requires City Council approval. There will be no title company services required for the conveyance of this tract of land. ALTERNATIVES: Allowing this land to be conveyed to Housing and Community Services, Inc. provides for a more efficient use of the property. The property is no longer needed for its intended use as a connector street. The City could alternatively deny the request and keep this for possible Lions Park expansion which could increase park maintenance costs. FISCAL IMPACT: The fiscal impact for this item would be additional revenue of $115,300, which at this point cannot be appropriated until the final sale of the property, but will go to the general fund upon completion. Funding Detail: Fund:N/A Project No.: Account: Activity: RECOMMENDATION: City staff recommends approval of the Ordinance which transfers the 0.55 acres to Housing and Community Services, Inc. LIST OF SUPPORTING DOCUMENTS: Exhibits (2) Ordinance One-reading ordinance authorizing the conveyance of approximately 0.55 acres of land out of Lot 7A, King Square Addition, located adjacent to Lions Park (near McArdle Road and Holmes Drive) to Housing and Community Services, Inc. in consideration of payment of $115,300; and declaring an emergency Whereas, in accordance with Section 272.001(b) (1) of the Texas Local Government Code, the City Council may provide for the conveyance of narrow strips of land to abutting property owners who own the underlying fee simple; Whereas the City owns a narrow strip of land approximately 60 feet wide by 405 feet length out of Lot 7A, King Square Addition as recorded in Nueces County Property Records Volume 1957 Page 120 (the City Property); Whereas,the Corpus Christi Regional Transportation Authority owns a tract of land (RTA Property) that abuts the City Property and the RTA is in the process of selling the RTA Property to Housing and Community Services, Inc. (HCS) pursuant to terms of its Purchase and Sale Agreement for the development of low-income or moderate-income housing; Whereas, said Purchase and Sale Agreement specifically authorizes HCS to contract with the City as the adjacent landowner for the purchase of the City Property, subject to HCS first closing on the purchase of the RTA property; Whereas, this Agreement is also authorized pursuant to Section 272.001(g) of the Texas Local Government Code based upon Buyer’s agreement to acquire the Property for the development of low-income or moderate-income housing as required by such statute; Now, therefore, be it ordained by the City Councilof the City of CorpusChristi,Texas: Section1.The City Manager or designee is authorized to execute all documents necessary to enter into a contract with HCS for the sale of the approximately 0.55 acreage tract of land described herein in exchange for payment of $115,300 and close said conveyance following the purchase of the RTA Property by HCS. The City Property, together with the RTA Property, shall be restricted for development of low income or moderate income housing. Section 2. Publication will 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 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 17th day of December, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor PASSED AND APPROVED on this the _________ day of __________________, ______ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully,Respectfully, _________________________ _________________________ __________________________ _________________________Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SALE OF LAND TO HOUSING AND COMMUNITY SERVICES, INC. LOCATION MAP NOT TO SCALE Project Number: # CITY TRACT N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SALE OF LAND TO HOUSING AND COMMUNITY SERVICES, INC. VICINITY MAP NOT TO SCALEHOLMES DR.Mc A R D L E R D .SHOPPING WAYS. STAPLES ST .MUSTANG TRAILCITY (LIONS PARK)R.T.A. R.T.A. KING H.S. CITY TRACT LA PALMERA MALL Purchase and Sale Agreement-Page 1 3.46 acres of 5314 McArdle Rd., Corpus Christi TX 78411 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is executed to be effective as of the latest date set forth on the Buyer's and Seller's signature page of this Agreement (the "Effective Date"), by and between HOUSING AND COMMUNITY SERVICES, INC. (dba Prospera Housing Community Services), a Texas non-profit corporation (8610 North New Braunfels, San Antonio, Texas 78217, Attn: Gilbert M. Piette; Telephone: (210) 821-4300; Fax: (210) 821-4303; email: gilp@prosperahcs.org) (together with its successors and/or assigns, "Buyer"); Corpus Christi Regional Transportation Authority (CCRTA), at 602 N. Staples Street, Corpus Christi, TX 78401, Attn: Sharon Montez;Telephone:361-903-3531; email: smontez@ccrta.org, with a copy to John D. Bell, Wood, Boykin & Wolter, P.C., 615 N. Upper Broadway, Suite 1100, Corpus Christi, TX 78401, Telephone: 361-888-9201; email jdbell@wbwpc.com (together with its successors and/or assigns, "Seller") (Buyer and Seller are collectively referred to as the "Parties", and each a "Party"). This Agreement is being authorized by Seller pursuant to Section 272.001(g) of the Texas Local Government Code without the necessity of public bids based upon Buyer’s agreement to acquire the Property for the development of low-income or moderate-income housing as required by such statute. Buyer agrees to cooperate with Seller and the Title Company in the execution of such documents as may be reasonably required to confirm that it is purchasing the Property for the development of low-income or moderate-income housing. 1.Property. On the terms herein set forth, Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, that tract of land located in Nueces County, Texas, as more particularly described on Exhibit A, attached hereto and made a part hereof (the "Land"), together with all of Seller's right, title, and interest in and to any and all of the following related to the Land: (a) rights of way, streets, roads, alleys, streets, and/or avenues, open or proposed, abutting the Land, (b) riparian and water rights, (c) air rights, (d) uses, servitudes, licenses, easements, tenements, hereditaments and appurtenances now or hereafter belonging to or benefiting the Land, (e) oil, gas and other minerals lying on or under the Land, (f) buildings, improvements and fixtures located on or under the Land, and (g) licenses, warranties, and permits (collectively, the "Property"). The exact legal description and acreage of the Land shall be determined by the Survey (hereinafter defined). Buyer additionally shall acquire any rights of Seller to purchase property adjacent to the above Property previously acquired by the City of Corpus Christi for right-of-way purposes, and Buyer is authorized to negotiate with the City of Corpus Christi for the purchase of such property to be closed concurrently with or immediately after the closing of the purchase of this Property. Any such contract rights shall be assigned by Buyer to Seller upon request in the event that Buyer does not close the purchase of the Property. 2.Purchase Price. The purchase price of the Property shall be SEVEN HUNDRED TWENTY-FIVE THOUSAND and 00/100 Dollars ($725,000.00), (the "Purchase Price"). 3.Title Company and Earnest Money. a.Name and Amount. San Jacinto Title Services of Texas (520 Lawrence Street, Corpus Christi, TX 78401, Attn: Shelly Cristan-Grahmann; Telephone: (361) 884-7582; 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 2 Fax: (361)882-3702; email: shellygrahmann@sanjacintotitle.com) (the "Title Company") will serve as the title company. Within five (5) business days of the date Buyer receives a copy of this Agreement executed by both Parties, Buyer shall deposit the following sums with Title Company (i) FORTY THOUSAND AND 00/100 DOLLARS ($40,000.00) as earnest money (the "Earnest Money"), to be delivered to Seller in accordance with the terms of Section 3.c below; and (ii) ONE THOUSAND AND 00/DOLLARS ($1,000.00) as "Independent Consideration" to be delivered to Seller in accordance with the terms of Section 3.d below. The Earnest Money and the Independent Consideration are to be applied to the Purchase Price, subject to the terms and provisions of this Agreement. b.Account. Until all or a part of the Earnest Money, if any, is released to Seller pursuant to the terms of this Agreement (the Earnest Money released to Seller, together with the Extension Fees (hereinafter defined) released to Seller, is collectively referred to as the "Released Earnest Money"), the Earnest Money shall be held by the Title Company as escrow agent in an interest bearing account, separate from other accounts, to be handled in accordance with the terms and conditions of this Agreement. All interest earned on the Earnest Money shall be added to and become part of the Earnest Money. c.Release of Earnest Money. Notwithstanding anything in this Agreement to the contrary, unless Buyer timely terminates this Agreement prior to the expiration of the Due Diligence Period ending August 31, 2020 (as may be extended), Buyer hereby irrevocably directs the Title Company to release the Earnest Money or remaining portion thereof from escrow and deliver the same to Seller with no other authorization required according to the following schedule immediately set out below: i. If Buyer has not terminated this Agreement by delivering written notice thereof to Seller before 5:00 p.m. (CST) on December 15, 2019, Buyer hereby irrevocably directs the Title Company to release FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00) of the Earnest Money from escrow and deliver the same to Seller. ii. If Buyer has not terminated this Agreement by delivering written notice thereof to Seller before 5:00 p.m. (CST) on February 15, 2020, Buyer hereby irrevocably directs the Title Company to release TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) of the Earnest Money from escrow and deliver the same to Seller. iii. If Buyer has not terminated this Agreement by delivering written notice thereof to Seller before 5:00 p.m. (CST) on April 15, 2020, Buyer hereby irrevocably directs the Title Company to release FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) of the Earnest Money from escrow and deliver the same to Seller. iv. If Buyer has not terminated this Agreement by delivering written notice thereof to Seller before 5:00 p.m. (CST) on June 15, 2020, Buyer hereby irrevocably directs the Title Company to release FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) of the Earnest Money from escrow and deliver the same to Seller. v. If Buyer has not terminated this Agreement by delivering written notice thereof to Seller before 5:00 p.m. (CST) on August 15, 2020, Buyer hereby irrevocably directs the Title Company to release FIVE THOUSAND AND 00/100 DOLLARS 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 3 ($5,000.00) of the Earnest Money from escrow and deliver the same to Seller. Upon the delivery of the Earnest Money or any portion thereof to Seller by the Title Company, such Released Earnest Money shall be non-refundable to Buyer (unless the Earnest Money is otherwise refundable to Buyer due to Seller's failure to perform in accordance with the terms of this Agreement), but applicable to the Purchase Price at Closing. d.INDEPENDENT CONSIDERATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE INDEPENDENT CONSIDERATION IN THE AMOUNT OF ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) SHALL BE DEEMED "INDEPENDENT CONSIDERATION" AND NON-REFUNDABLE AND RETAINED BY SELLER UNDER ALL CIRCUMSTANCES, FOR AND IN CONSIDERATION OF SELLER'S EXECUTION OF THIS AGREEMENT, AND HOLDING THE PROPERTY OFF THE MARKET DURING THE TERM OF THE DUE DILIGENCE PERIOD (HEREINAFTER DEFINED). UPON THE TITLE COMPANY'S RECEIPT OF THE INITIAL EARNEST MONEY DEPOSIT AND THE INDEPENDENT CONSIDERATION, THE TITLE COMPANY SHALL RELEASE THE INDEPENDENT CONSIDERATION TO SELLER; PROVIDED, HOWEVER, THE INDEPENDENT CONSIDERATION SHALL BE APPLIED TO THE PURCHASE PRICE AT CLOSING. 4.Conditions Precedent. a.Due Diligence Period. Beginning on the Effective Date, Buyer shall have until 5:00 p.m. (CST) on or before August 31, 2020 or as may be extended, (the "Due Diligence Period") to conduct inspections of the Property (the "Due Diligence Investigations") and access its suitability, as determined by Buyer in its sole and absolute discretion, for Buyer's intended development of the Property (the "intended purpose"). If all of the Due Diligence Materials (hereinafter defined) are not timely delivered by Seller to Buyer, the Due Diligence Period shall be extended by one day for each day after the Delivery Date (hereinafter defined) until all of the Due Diligence Materials are delivered to Buyer. The right to conduct Due Diligence Investigations includes, without limitation, the right of Buyer and Buyer's employees, agents, affiliates and contractors to enter upon any portion of the Property to make market studies, needs assessments, and appraisals, and to take measurements, make inspections, conduct test borings, make boundary and topographical survey maps, and to conduct geotechnical, soil, environmental, groundwater, wetland, and other studies required by Buyer in its sole discretion, and to, without limitation, determine the existence and adequacy of utilities serving the Property, zoning and compliance with laws. No Due Diligence Investigations shall constitute a waiver or relinquishment on the part of Buyer of its rights under any covenant, condition, representation or warranty of Seller under this Agreement. Notwithstanding anything to the contrary set forth in this Agreement, Buyer shall have the right to extend the Due Diligence Period by delivering written notice thereof to Seller prior to 5:00 p.m. (CST) on the last day of the then applicable Due Diligence Period and delivering a fee in the amount of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) for each extension (each, a "Due Diligence Extension Fee") to the Title Company prior to 5:00 p.m. (CST) on the last day of the then applicable Due Diligence Period. The Due Diligence Period may be extended two (2) times according to the following schedule immediately set out below: (i)The Due Diligence Period may be extended from August 31, 2020, to 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 4 October 31, 2020; and (ii)The Due Diligence Period may be extended from October 31, 2020 to December 15, 2020. Except as otherwise provided in this Agreement, each Due Diligence Extension Fee will be non-refundable to Buyer (unless the Earnest Money is otherwise refundable to Buyer due to Seller's failure to perform in accordance with the terms of this Agreement), but applied to the Purchase Price at Closing. The Title Company is authorized to release said Due Diligence Extension Fees to Seller upon receipt and confirmation of funds with no further authorization by Buyer. b.Due Diligence Materials. Within ten (10) days of the Effective Date (the "Delivery Date"), Seller shall deliver to Buyer, at no cost to Buyer, to be delivered electronically, by email, or hand-delivered at Seller's option, each of the following items that are in the possession of or reasonably available to Seller (collectively, the "Due Diligence Materials"): (i)Copies of all written leases; (ii)Current year and immediately prior year tax bills and evidence of payment of same through the Effective Date; (ii)Existing soil and groundwater tests; (iv)Title commitments, title policies and surveys; (v)Surveys; (vi)Environmental reports; (vii) Underground storage tank test results; (viii) Waste disposal records; permit records; (ix)Code violation notices and records; (x)Traffic studies; and (xi)All other engineering tests and other studies, reports, records and notices pertaining to the Property. In the event the Property is not satisfactory to Buyer for any reason in Buyer's sole and absolute discretion, Buyer shall have the right to terminate this Agreement by delivering written notice thereof to Seller prior to the expiration of the Due Diligence Period, as extended. If Buyer elects to terminate this Agreement as provided in the preceding sentence, all of the Released Earnest Money (including the Due Diligence Extension Fees that have been released to Seller) as of the date of the termination shall be deemed by the Parties as being non-refundable to Buyer. All other monies held by Title Company shall be refunded to Buyer, together with any accrued interest thereon without the need for the Seller's signature or consent for its release. Notwithstanding anything 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 5 to the contrary set forth in this Agreement, Buyer shall have the right to continue to conduct Due Diligence Inspections while this Agreement remains in effect. c.Title and Survey. (i)Within twenty (20) days of the Effective Date, Seller shall obtain from the Title Company and deliver to Buyer a current title commitment (the "Commitment") for an Owner's Policy of Title Insurance (the "Title Policy"), in an amount equal to the Purchase Price, together with full and legible copies of all of the exceptions to title listed in Schedule B of the Title Commitment, and any documents listed in Schedule C of the Title Commitment (collectively, the "Title Exceptions"). (ii)Buyer may at its option also obtain a survey of the Property (the "Survey") at Buyer's expense. The field note description set forth on the Survey that is acceptable to Buyer and the Title Company shall replace the description of the Land attached hereto as Exhibit A. (iii) If any of the Commitment, the Title Exceptions, or the Survey are not satisfactory to Buyer, then Buyer may give Seller written notice of the items that Buyer finds unacceptable (the "Title Objections") before the later of sixty (60) days after (A) receipt of the Commitment and full and legible copies of the Title Exceptions, or (B) the expiration of the Due Diligence Period, as extended. Seller shall have fifteen (15) days after such notice from Buyer to deliver written notice to Buyer that it either agrees to cure the Title Objections within thirty (30) days or to advise Buyer that it will not so cure the Title Objections. All Title Exceptions to which Buyer does not object or which are deemed waived and accepted by Buyer, as herein provided, are collectively referred to as the "Permitted Exceptions". (iv)If Seller does not agree to so cure one or more of the Title Objections (and Seller's failure to respond in writing shall be deemed to be a refusal to cure the Title Objections), Buyer may either (A) accept title to the Property subject to the Permitted Exceptions without a reduction in the Purchase Price, or (B) terminate this Agreement by delivering written notice to Seller and receive a full and prompt refund of the remaining Earnest Money (excluding any Released Earnest Money and Extension Fees), together with accrued interest thereon, without the need for Seller's signature or consent for its release. (v)Notwithstanding any other provision of this Agreement to the contrary, including without limitation whether or not Buyer includes such items in its schedule of Title Objections, Seller shall have the unconditional obligation to remove, discharge, pay or cure, at no cost to Buyer, any title matters that are listed on Schedule C of the Commitment, and any title matter that arose after the Effective Date that was not approved by Buyer in writing, and none of such items shall be deemed Permitted Exceptions or appear in the Title Policy. d.Governmental Approvals. Buyer may, at its option and expense, prepare and submit applications for, and seek to obtain approval by the applicable governmental authorities and/or third parties of, approvals, permits, licenses, easements and agreements required for Buyer's intended development and use of the Property, 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 6 including without limitation, those for utilities, zoning, land use, special uses, building construction, access, subdivision, platting, easements (including without limitation, ingress/egress easements), site construction and off-site improvements, including without limitation, appropriate rezoning if necessary (collectively, the "Governmental Approvals"). Seller shall cooperate with Buyer in connection with the preparation of the applications and seeking the Governmental Approvals, including without limitation, Seller's timely execution and delivery of all applications, documents, plats and instruments required by the applicable governmental authorities and/or third parties, provided that Seller shall not be obligated to incur any expense in connection therewith; however, any final Governmental Approval for changes to zoning or future land use granted prior to Closing shall not occur prior to the award of 2020 9% Low Income Housing Tax Credit by the Texas Department of Housing and Community Affairs (TDHCA) Governing Board. e.Other Conditions. It shall be a condition precedent to Buyer's obligation to close this transaction and purchase the Property that all of the following are timely satisfied: (i)Title Policy. At Closing, the Title Company shall be prepared to issue the Title Policy to Buyer with all standard or pre-printed exceptions deleted (to the extent such can be deleted), evidencing Buyer owns good and indefeasible fee simple title in and to the Property subject only to the Permitted Exceptions. (ii)Representations and Warranties. At Closing, all of the representations and warranties of Seller shall be true in all material respects. (iii)No Liens. At Closing, there shall be no unpaid charges, debts, liabilities, claims or obligations of Seller related to the Property, or any portion thereof, which could give rise to any mechanics', materialmen or other statutory lien against any portion of the Property other than those that will be paid or otherwise satisfied by Seller at Closing, and possession of the Property, free of all tenancies, leases and occupants, shall be delivered to Buyer at Closing. (iv)Platting. At or prior to Closing, Buyer shall obtain all necessary Governmental Approval, at Buyer’s sole cost and expense, to replat the Property as a separate lot for conveyance. Such replat may include additional land adjacent to the Property being acquired by Buyer concurrently with this purchase. (v)Governmental Approvals. Prior to Closing, Buyer shall have received all necessary and customaryGovernmental Approvals in order for Buyer to develop and operate the Property for its intended purpose. (vi)Zoning. At Closing the Property shall be zoned to permit the development of the Property for its intended purpose. (vii) Reserved (viii) AS IS Conveyance. Notwithstanding anything herein to the contrary, upon Closing Seller shall be selling the Property and Buyer shall be purchasing the Property AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT ANY 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 7 REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IT BEING THE INTENTION OF SELLER AND BUYER TO EXPRESSLY NEGATE AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES AS TO FITNESS OR CONDITION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, HABITABILITY AND FITNESS FOR ANY PARTICULAR USE OR PURPOSE, ALL WARRANTIES AS TO FITNESS OR CONDITION CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY, AND ALL OTHER WARRANTIES AND REPRESENTATIONS WHATSOEVER AS TO FITNESS OR CONDITION, except the warranty of title expressly provided in the Deed at Closing. This provision shall survive the Closing. f.Termination. In the event that any condition precedent in Section 4.e is not satisfied by the date specified in Section 4.e, Buyer shall have the right to terminate this Agreement by delivering written notice thereof to Seller, at which time Buyer shall receive a full and prompt refund ofthe remaining Earnest Money (excluding all Released Earnest Money and Extension Fees), together with accrued interest thereon, without the need for Seller's consent or signature for its release. 5.Closing. a.Delivery of Documents. The conveyance of the Property and the closing of the transaction herein described (the "Closing") shall occur on or before December 31, 2020 (as may be extended, the "Closing Deadline"), in escrow at the offices of the Title Company, or such other manner and/or location mutually acceptable to Buyer and Seller; provided, however, Buyer may elect to close at any time upon ten (10) days' prior written notice to Seller. (i)Seller shall deliver at Closing: (A) a special warranty deed conveying good and indefeasible fee simple title in and to the Property to Buyer (or its designee) subject only to the Permitted Exceptions (the "Deed"); (B) all easements necessary for the development and operation of the Property for its intended purpose; (C) a lien affidavit acceptable to the Title Company; (D) an affidavit of non-foreign status; (E) any other affidavit or document required by the Title Company to delete the so-called standard exceptions to the Title Policy; and (F) such other customary documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transactions contemplated hereby and for the Title Company to issue the Title Policy in the form required by this Agreement. (ii)Buyer shall deliver at Closing: (A) the remaining balance of the Purchase Price as provided by this Agreement in "good funds" as required by Title Company; and (B) such other documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transaction contemplated hereby. b.Extensions. Buyer shall have the right to extend the Closing Deadline three (3) times to (i) March 31, 2021, (ii) June 30, 2021, and (iii) August 31, 2021 by delivering written notice thereof to Seller prior to 5:00 p.m. of the then applicable Closing Deadline, 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 8 and delivering a fee in the amount of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) (each, a "Closing Deadline Extension Fee," and together with the Due Diligence Extension Fees, the "Extension Fees") to the Title Company prior to 5:00 p.m. of the then applicable Closing Deadline. Each Closing Deadline Extension Fee shall be non-refundable to Buyer (unless the Earnest Money is otherwise refundable to Buyer due to Seller's failure to perform in accordance with the terms of this Agreement, but applied to the Purchase Price at Closing. Upon receipt and confirmation of funds of a Closing Deadline Extension Fee, Title Company shall release said Closing Deadline Extension Fee directly to Seller. If this Agreement is terminated in a manner in which the Earnest Money is to be paid to Buyer due to Seller's failure to perform in accordance with the terms of this Agreement, Seller shall deliver to Buyer an amount equal to the sum of the Released Earnest Money, including without limitation the Extension Fees, within ten (10) days of such termination. c.Prorations. Since Seller is a governmental entity and the Property currently is exempt from property taxation, Buyer shall assume the payment of all real estate taxes, personal property taxes and all other assessments related to the Property commencing as of the date of Closing (the "Closing Date") (collectively, the "Taxes"), with the Closing Date being treated as a day of ownership by Buyer. This Section 5.c shall survive the Closing and delivery of the Deed. d.Costs. Seller shall pay the cost for the preparation of the Deed, any conveyance fee or transfer tax, one half of any Escrow Fee, the cost of curing any title or survey defect that Seller agreed to cure or is obligated to cure pursuant to the terms of this Agreement, and the premium for the Title Policy. Except as may otherwise be stated herein, each Party shall bear its own expenses, including without limitation, its own attorneys' fees. e.Seller's Obligations Prior to Closing. At all times until Closing, Seller shall maintain indefeasible fee simple legal title to the Property free and clear of any and all defects, liens, and encumbrances of every kind and nature (other than the Permitted Exceptions and liens and encumbrances that will be released or removed at Closing). f.Condemnation. If, prior to Closing, condemnation proceedings are commenced against any portion of the Property, Buyer shall have the right to either (i) terminate this Agreement by delivering written notice to Seller within fifteen (15) days of Buyer's receipt of written notice from Seller of such condemnation proceedings, receive a full and prompt refund of the remaining Earnest Money (excluding the Released Earnest Money and the Extension Fees), together with accrued interest thereon without the need for Seller's signature or consent for its release; or (ii) elect not to terminate the Agreement and appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to (A) Seller and the Purchase Price will be reduced by the same amount, or (B) Buyer and the Purchase Price will not be reduced. If Buyer elects to terminate this Agreement pursuant to the terms of this Section 5.g, Buyer shall be permitted to seek damages from the condemning authority. 6.Defaults and Remedies. a.SELLER DEFAULT. IF SELLER FAILS TO PERFORM IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, OR OTHERWISE BREACHES ANY OF THE 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 9 TERMS, COVENANTS, AGREEMENTS, REPRESENTATION OR WARRANTIES CONTAINED IN THIS AGREEMENT, AND SUCH FAILURE OR BREACH IS NOT CURED BY SELLER WITHIN FIFTEEN (15) DAYS AFTER BUYER'S DELIVERY TO SELLER OF WRITTEN NOTICE THEREOF (AND THE CLOSING DEADLINE AND ALL EXTENSIONS THEREOF WILL BE EXTENDED BY FIFTEEN (15) DAYS),THEN (I) BUYER MAY TERMINATE THIS AGREEMENT BY DELIVERING WRITTEN NOTICE THEREOF TO SELLER, WHEREUPON THE EARNEST MONEY (INCLUDING WITHOUT LIMITATION, THE RELEASED EARNEST MONEY AND ALL EXTENSION FEES) SHALL BE IMMEDIATELY REFUNDED AND RETURNED TO BUYER, TOGETHER WITH ACCRUED INTEREST THEREON, WITHOUT THE NEED FOR SELLER'S CONSENT, AND SELLER SHALL REIMBURSE BUYER FOR ALL REASONABLE OUT-OF-POCKET EXPENSES AND COSTS INCURRED BY BUYER IN CONNECTION WITH ITS EFFORTS TO PURCHASE AND FINANCE THE PROPERTY; OR (II) BUYER MAY ENFORCE THE TERMS AND CONDITIONS OF THIS AGREEMENT AND EXERCISE ANY RIGHTS AND REMEDIES AVAILABLE TO BUYER, AT LAW AND IN EQUITY, INCLUDING WITHOUT LIMITATION AN ACTION FOR DAMAGES AND/OR SPECIFIC PERFORMANCE OF THIS AGREEMENT. b.BUYER DEFAULT. IF BUYER FAILS TO PERFORM IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, OR OTHERWISE BREACHES ANY OF THE TERMS, COVENANTS OR AGREEMENTS CONTAINED IN THIS AGREEMENT, AND SUCH FAILURE OR BREACH IS NOT CURED BY BUYER WITHIN FIFTEEN (15) DAYS AFTER SELLER'S DELIVERY TO BUYER OF WRITTEN NOTICE THEREOF, THEN, AS SELLER'S SOLE AND EXCLUSIVE REMEDY, SELLER MAY TERMINATE THIS AGREEMENT BY DELIVERING WRITTEN NOTICE THEREOF TO BUYER, THE EARNEST MONEY SHALL BE FORFEITED BY BUYER AND DELIVERED TO SELLER ALONG WITH ANY DUE DILIGENCE PERIOD EXTENSION FEES AND CLOSING DEADLINE EXTENSION FEES, TOGETHER WITH ACCRUED INTEREST THEREON, AS LIQUIDATED DAMAGES, AND NOT AS A PENALTY. SELLER ACKNOWLEDGES AND AGREES THAT THE EARNEST MONEY AND ALL EXTENSION FEES IS A FAIR AND EQUITABLE AMOUNT FOR SELLER TO RECEIVE SINCE SELLER WILL HAVE CHANGED ITS POSITION IN RELIANCE ON BUYER COMPLETING THE TRANSACTION HEREIN DESCRIBED, WILL HAVE HELD THE PROPERTY OFF THE MARKET FOR AN EXTENDED PERIOD OF TIME IN RELIANCE UPON BUYER'S ABILITY TO CLOSE THIS TRANSACTION AND THE DAMAGES SUSTAINED BY SELLER IN SUCH CASE WOULD NOT OTHERWISE BE REASONABLY ASCERTAINABLE. SELLER WAIVES THE RIGHT TO EXERCISE ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO SELLER BECAUSE OF A DEFAULT BY BUYER, WHETHER AT LAW AND/OR IN EQUITY, INCLUDING WITHOUT LIMITATION, THE RIGHT TO SUE BUYER FOR ADDITIONAL DAMAGES OR SEEK SPECIFIC PERFORMANCE. 7.Seller's Covenants, Representations and Warranties. Seller covenants, represents and warrants to Buyer that: a.Title. Seller is the owner of good and indefeasible fee simple title in and to the Property, and Seller has been the sole owner of the Property during the 40-month period preceding the Effective Date. b.Authority; Enforceability. Seller has the capacity and authority to execute this Agreement and perform its obligations under this Agreement conditioned upon Buyer’s 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 10 performance of its obligations. This Agreement constitutes a legal and valid binding obligation of Seller, enforceable against Seller in accordance with its terms. All action necessary to authorize Seller's execution (and execution by the individual executing this Agreement on behalf of Seller), delivery and performance of this Agreement has been taken and such action has not been rescinded or modified. c.Hazardous Substances. Neither Seller nor to Seller’s knowledge. any prior owner or occupant of the Property has: (i) caused or permitted, and Seller has received no notice and has no knowledge of the generation, manufacture, refinement, transportation, treatment, storage, deposit, release, salvage, installation, removal, disposal, transfer, production, burning or processing of Hazardous Substances (as hereinafter defined) on, under or about the Property or any adjacent properties; (ii) caused or permitted, and Seller has received no notice and has no knowledge of, the Release (as hereinafter defined) or existence of any Hazardous Substance on, under or affecting the Property or any adjacent properties; or (iii) caused or permitted, and Seller has received no notice and has no knowledge of, any substances or conditions on, under or affecting the Property or any adjacent properties which may support any claim or cause of action, whether by a governmental agency or any other person or entity, under any applicable federal, state or local law, rule, ordinance or regulation, including without limitation, those related to Hazardous Substances. For the purpose of this Agreement, the terms "Hazardous Substances" and "Release" shall have the same meaning as set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq.; provided, however, that the definition of Hazardous Substances shall also include petroleum and related by-products, hydrocarbons, radon, asbestos, urea formaldehyde, polychlorinated biphenyl compounds and any other substance considered hazardous to humans or the environment. d.Leases; Options. There are no outstanding written or oral leases, easements and/or other types of agreement in any way affecting the Property that are not recorded in the Real Property Records of Nueces County, Texas, (ii) no person or entity has any right with respect to all or any portion of the Property (whether by option to purchase, easement, right of first refusal, contract or otherwise) that may prevent or interfere with Buyer taking title to, and exclusive possession of, all of the Property at Closing, and (iii) Seller shall not enter into any new lease, easement or other contract with respect to the Property during the pendency of this Agreement that is not terminable upon demand without Buyer's prior written consent, which may be given or withheld by Buyer in Buyer's sole and absolute discretion. e.No Notices. Seller has not received any notice of, and to the best of its knowledge, there are no (i) proposed special assessments, condemnation or changes in the roads adjacent to the Property; (ii) pending public improvements that will result in any charge being levied or assessed against, or a lien being created upon, the Property; or (iii) pending or threatened eminent domain or condemnation proceedings against or involving any portion of the Property or any adjacent parcel. f.Access. Seller has not received any notice of any existing or proposed plans to widen, modify or realign any street adjoining the Property. Seller has no knowledge of any pending or threatened proceeding by any governmental authority, or any other fact or condition, which would limit or result in the termination of the Property's access to and from such public highways, streets and roads. 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 11 g.Utility Availability. Public water, sanitary and storm sewer, electricity, gas, and other required utilities (i) are available to the Property in quantities sufficient for the successful operation of the property for its intended purpose; (ii) enter the Property through adjoining public streets or, if passing through adjoining private land, do so in accordance with recorded public or private easements; and (iii) are serviced and maintained by the appropriate public or quasi-public entity. h.Utility District. The Property is not situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services. i.Pipelines. There are no transportation pipelines, including without limitation, pipelines for the transportation of natural gas, natural gas liquids, synthetic gas, liquefied petroleum gas, petroleum or a petroleum product or hazardous substance, located on, under or within the Property. j.Owners' Association. The Property is not subject to mandatory membership in a property owners' association. k.Litigation. There is no pending or threatened litigation, arbitration, administrative action or examination, claim or demand whatsoever relating to the Property; and no attachments, execution proceedings, liens, assignments or insolvency proceedings are pending or threatened against Seller or the Property or contemplated by Seller. I.Performance under Leases and Service Contracts. During the pendency of this Agreement, Seller will perform its material obligations under all agreements that affect the Property. m.Insurance. During the pendency of this Agreement, Seller shall maintain all insurance Seller was carrying on the Effective Date. n.Exclusive Rights. In consideration of Buyer's efforts and expenses required to perform its review of the Property, Seller agrees that it will not (i) either directly or indirectly, offer to sell or solicit any offers to purchase or negotiate for the sale or disposition of the Property during the pendency of this Agreement; nor (ii) enter in an agreement with any party other than Buyer to purchase (including without limitation, options to purchase) any portion of the Property, or any other real property owned by Seller, if such third party intends to apply for Tax Credits (hereinafter defined) in connection with such property. o.Foreign Person. Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. Seller shall fully disclose to Buyer, immediately upon its occurrence, any change in facts, assumptions or circumstances of which Seller becomes aware prior to the Closing Date that may affect the representations and warranties set forth above. The representations and warranties of Seller contained herein shall survive the Closing and delivery of the Deed. 8.Miscellaneous. 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 12 a.Plans and Approvals. Buyer shall have the right to file, at Buyer's expense, any and all applications and plans necessary to obtain building permits, rezoning, subdivision (or the vacation of any existing subdivision or plat and/or any other agreement, assurance, approval or permit from any and all governmental authorities having jurisdiction over the Property that Buyer deems appropriate in connection with the intended purpose of the Property. Seller agrees to join in the execution of any application required in order to obtain any such agreement, assurance, permit or approval (or file such application individually if the relevant governmental authority shall so require) at no cost to Seller. Seller further agrees to cooperate with Buyer or its nominee in all respects, including without limitation, attending and giving favorable testimony at any hearings on the petitions or applications, meeting with and providing information to public and private utilities and governmental and quasi-governmental entities, and otherwise working to obtain the agreements, assurances, approvals and permits required by Buyer or its nominee without additional cost or obligation to Buyer or its nominee. b.Notices and Deadline Dates. Any notice, request, demand, instruction or other document to be given or served hereunder or under any document or instrument executed pursuant to this Agreement shall be in writing and shall be (i) delivered personally, or (ii) sent or by overnight express courier, postage prepaid, or (iii) sent by facsimile or electronically (email), each addressed to the Parties at their respective addresses set forth above, and the same shall be effective upon receipt if delivered personally, by overnight courier or by facsimile or electronically (with respect to delivery by facsimile or electronically, upon the request by the sending party, the receiving party shall promptly provide confirmation of receipt). A Party may change its address for receipt of notices by service of a notice of such change in accordance herewith. If any deadline under this Agreement falls on a Saturday, Sunday or legal holiday (which for purposes of this Agreement shall be not be considered a "business day"), the deadline shall be extended to the next business day. c.Attorneys' Fees. In the event either Party brings an action at law or other proceeding permitted under the terms of this Agreement against the other Party in order to enforce or interpret any of the terms, covenants or conditions hereof or any instrument executed pursuant to this Agreement or by reason of any breach or default hereunder or thereunder, the Party prevailing in any such action or proceeding shall be paid all reasonable costs and expenses, including without limitation reasonable attorneys' fees, by the non-prevailing Party. d.Assignment: Binding Agreement. Seller may not assign this Agreement without the written consent of Buyer. Buyer may assign this Agreement or any interest herein without the consent of Seller to an entity owned by, in common ownership with, or managed by Buyer. In the event of such an assignment of this Agreement, the assignor shall be released from any and all of the assignor's obligations under this Agreement, provided the assignee agrees in writing to be fully bound by the terms and conditions of this Agreement as if such assignee had been the original Party hereunder. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors and permitted assignees. This Agreement constitutes the entire agreement between the Parties, and supersedes any and all prior agreements, arrangements and understandings between the Parties. This Agreement may only be amended by a written agreement executed by all of the Parties. 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 13 e.BROKERS AND COMMISSIONS. BUYER AND SELLER REPRESENT AND WARRANT TO EACH OTHER THAT NEITHER HAS DEALT WITH A BROKER, AGENT OR OTHER PERSON IN CONNECTION WITH THIS TRANSACTION AND NO SALES COMMISSION WILL BE PAID BY SELLER OR BUYER. SELLER AND BUYER EACH INDEMNIFY THE OTHER AGAINST, AND SHALL HOLD EACH OTHER HARMLESS FROM, ANY AND ALL SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS AND EXPENSES OF OR FOR ANY FEES OR COMMISSIONS WHICH ARE THE RESPONSIBILITY OF THE INDEMNIFYING PARTY, AND SHALL PAY ALL COSTS OF DEFENDING ANY ACTION OR LAWSUIT BROUGHT TO RECOVER ANY FEES OR COMMISSIONS INCURRED BY THE OTHER, INCLUDING REASONABLE ATTORNEYS' FEES. f.Effect of Termination. This Agreement shall be void and of no further force and effect upon any proper termination under the terms hereof (other than terms herein that specifically provide that they survive the termination of this Agreement). g.Multiple Counterparts.This Agreement may be executed in one or more counterparts, and all so executed shall constitute one and the same agreement, binding upon the Parties, and notwithstanding that all of the Parties are not signatories to the same counterparts. h.Time of the Essence. Time is of the essence of this Agreement and every provision hereof. i.CHOICE OF LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CHOICE AND CONFLICT OF LAW PRINCIPLES. VENUE AND JURISDICTION FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL BE EXCLUSIVELY IN NUECES COUNTY, TEXAS. j.Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement, a legal, valid and enforceable provision that is as similar in terms to such illegal, invalid or unenforceable provision as is possible. k.Complete Understanding.This Agreement represents the complete understanding between the Parties as to the subject matter hereof and supersedes all prior negotiations, statements and agreements, either written or oral, between the Parties. No inducements, representations, statements or agreements have been made or relied upon in the making of this Agreement, except those specifically set forth in this Agreement. Neither Party has any right to rely on any other prior or contemporaneous statements and/or agreements made by anyone concerning this Agreement that are not set forth herein. 9.Texas Disclosures. By its signature to this Agreement, Buyer hereby acknowledges its 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 14 receipt of the following notices at or before the execution of this Agreement: a.Notice Regarding Possible Liability for Additional Taxes. If for the current ad valorem tax year the taxable value of the Property that is the subject of this Agreement is determined by a special appraisal method that allows for appraisal of the Property at less than its market value, Buyer may not be allowed to qualify the Property for that special appraisal in a subsequent tax year and the Property may then be appraised at its full market value. In addition, the transfer of the Property or a subsequent change in the use of the Property may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the Property. The taxable value of the Property and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the Property is located. b.Notice Regarding Possible Annexation. If the Property that is the subject of this Agreement is located outside the limits of a municipality, the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, Buyer should contact all municipalities located in the general proximity of the Property for further information. c.Property Located in a Certificated Service Area of a Utility Service Provider. The Property may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If the Property is located in a certificated area there may be special costs or charges that Buyer will be required to pay before Buyer can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to the Property. Buyer is advised to determine if the Property is in a certificated area and contact the utility service provider to determine the cost that Buyer will be required to pay and the period, if any, that is required to provide water or sewer service to the Property. d.Notice Regarding Title. The Texas Real Estate License Act requires a real estate agent to advise Buyer that he should have an attorney examine an abstract of title to the Property being purchased; or a title insurance policy should be obtained. Notice to that effect is hereby given to Buyer. 10.Tax Credit Provisions. Notwithstanding anything to the contrary set forth in this Agreement or otherwise: a.Tax Credits. The Parties hereby acknowledge that Buyer intends to (i) apply for, syndicate and sell certain low-income housing tax credits (whether under state or federal law, collectively, "Tax Credits") with the assistance of the appropriate housing agency of the state in which the Land is located (the "Housing Agency"); and that Buyer's intended use of the Property is not viable unless Buyer is successful in doing so. b.Seller Cooperation. Seller hereby agrees to assist Buyer, at Buyer's sole cost and expense, in obtaining and submitting such information as is necessary to apply for or obtain the Tax Credits to the extent such information is available to Seller and not to 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 15 Buyer. [Signatures begin on the next page] 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. Seller:Corpus Christi Regional Transportation Authority Date: By: Name: Title: Buyer: Housing and Community Services, Inc. (dba Prospera Housing Community Services) Date:a Texas non-profit corporation By: Name: Gilbert M. Piette Title:Executive Director 3.46 acres of 5341McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Page 17 TITLE COMPANY'S ACCEPTANCE AND RECEIPT By signing this Acceptance and Receipt, the Title Company (a) acknowledges that it has received a copy of this Agreement executed by both Buyer and Seller, (b) agrees to act as escrow agent hereunder, (c) acknowledges that it has received from Buyer the sum of $40,000.00 constituting Buyer's deposit of the Earnest Money hereunder, which the Title Company has deposited into one of its federally insured interest bearing accounts, and (d) acknowledges that is has received from Buyer the sum of $1,000.00 constituting Buyer's payment of the Independent Consideration hereunder. The Title Company shall likewise deposit any additional amounts it receives constituting Earnest Money into a federally insured interest bearing account. SAN JACINTO TITLE SERVICES OF TEXAS By:_ Name: Title: Date: , 2019 F:\2788 RTA\5 RE Matters\19 HSC PSA 0905.doc 3.46 acres of 5314 McArdle Rd., CorpusChristi, TX 78411 Purchase and Sale Agreement-Exhibit A EXHIBIT A Final Legal Description to be provided by Survey as detailed in the Purchase and Sale Agreement. AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 DATE: December 10, 2019 TO: Honorable Mayor and City Council CC: Peter Zanoni, City Manager FROM: Kimberly L. Houston, City Auditor – Interim CityAuditor@cctexas.com (361) 826-3661 Ordinance to Approve the 2020 Annual Audit Plan CAPTION: One-reading Ordinance to approve the FY 2020 Annual Audit Plan. SUMMARY: In accordance with Code of Ordinance Chapter 12 ½ City Auditor, this request is for the approval of calendar year 2020 Annual Audit Plan. BACKGROUND AND FINDINGS: This plan was developed based on areas considered to be of highest risk to the City with input from the Mayor and City Council Chapter 12½ Section 2(h) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Audit Committee for review and comment prior to submitting to the full City Council for approval. The proposed audit plan was approved by the Audit Committee on December 10, 2019. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects. FISCAL IMPACT: N/A Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the ordinance of the calendar year 2020 annual audit plan as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A – 2020 Annual Audit Plan One reading Ordinance to Approve the 2020 Annual Audit Plan and declaring an emergency Whereas, Section 12 ½ -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the City Council Audit Committee reviewed and approved the 2020 Annual Audit Plan at its meeting on December 10, 2019; Whereas, the City Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Council has reviewed and does approve the 2020 Annual Audit Plan, copy attached as Exhibit A. Section 2. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 17th day of December, 2019. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor PASSED AND APPROVED on this the _________ day of __________________, ______ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ __________________________ _________________________ Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith Exhibit A Item No. Department Audit Area Audit Objective A1 Parks and Recreation Revenue Are sufficient controls in place for all revenue collections? A2 Utilities Utility Rate Model Are all aspects of utility operation costs considered in setting utility rates? A3 Housing and Community Development Assistance Programs Are sufficient controls in place over the accounts receivable function of various assistance programs? A4 Police Department Property Room Are sufficient controls in place over the evidence and property room function? A5 City-wide Contract Administration Are departments and contractors in compliance with major expenditure contract terms? A6 City Manager American Bank Center Are sufficient controls in place to ensure HOT revenue is utilized in accordance with the Tax Code? Is the City's contractor compliant with key contract terms? A7 Utilities and Gas Department Field Operations Are sufficient controls in place to ensure adequate responsiveness to work order requests for meter, register, and other equipment essential to utility billing? F1 Business Liaison Contract Management - Corpus Christi Convention and Visitor's Bureau Evaluate status of prior audit recommendations CA Unannounced Cash Counts Are cash funds intact? FR City Auditor Hotline Investigations Investigate allegations of fraud, waste, or abuse. SP Audit Committee Special Requests Allow time for special requests approved by the Audit Committee On Hold Development Services Funding Evaluate status of prior audit recommendations On Hold Aviation Rental Car Agencies Evaluate status of prior audit recommendations LEGEND In Progress On Hold City Auditor's Office 2020 Annual Audit Plan Newly executed contract or new management. Periodic updates to be presented to Audit Committee in the interim. Exhibit A Item No. Department Audit Area Audit Objective A1 Parks and Recreation Revenue Are sufficient controls in place for all revenue collections? A2 Utilities Utility Rate Model Are all aspects of utility operation costs considered in setting utility rates? A3 Housing and Community Development Assistance Programs Are sufficient controls in place over the accounts receivable function of various assistance programs? A4 Police Department Property Room Are sufficient controls in place over the evidence and property room function? A5 City-wide Contract Administration Are departments and contractors in compliance with major expenditure contract terms? A6 City Manager American Bank Center Are sufficient controls in place to ensure HOT revenue is utilized in accordance with the Tax Code? Is the City's contractor compliant with key contract terms? A7 Utilities and Gas Department Field Operations Are sufficient controls in place to ensure adequate responsiveness to work order requests for meter, register, and other equipment essential to utility billing? F1 Business Liaison Contract Management - Corpus Christi Convention and Visitor's Bureau Evaluate status of prior audit recommendations CA Unannounced Cash Counts Are cash funds intact? FR City Auditor Hotline Investigations Investigate allegations of fraud, waste, or abuse. SP Audit Committee Special Requests Allow time for special requests approved by the Audit Committee On Hold Development Services Funding Evaluate status of prior audit recommendations On Hold Aviation Rental Car Agencies Evaluate status of prior audit recommendations LEGEND In Progress On Hold City Auditor's Office 2020 Annual Audit Plan Newly executed contract or new management. Periodic updates to be presented to Audit Committee in the interim. AGENDA MEMORANDUM One Reading for the City Council Meeting of December 17, 2019 DATE:December 11, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: One-reading Ordinance approving the addition of six full-time positions with required salaries, benefits and equipment to the Engineering Services Department budget; amending the FY 2020 Operating Budget as required for the last eight months of the year with funding coming from the FY 2020 Capital Improvement and Operational Budgets as required. SUMMARY: This Ordinance increases the Engineering Services Fund positions from seventy-two (72) to seventy-eight (78) to complete the workload associated with Bond 2012, Bond 2014, Bond 2018 and other FY 2020 Capital Improvement Program (CIP) projects. Due to the current and projected workload additional personnel will be required to appropriately manage the capital projects portfolio. BACKGROUND AND FINDINGS: Engineering Services has recently experienced increased project management staff turnover for engineering services related positions. The Human Resource Department has been very helpful in addressing issues with the compensation plan. Project Managers in Engineering Services are routinely asked to manage 50 plus projects simultaneously. That level of tasking is not reasonable and is leading to staff burnout, staff turnover and undesirable project outcomes. Engineering has historically used contracted staff to augment capability. There is an initiative underway to curtail the practice of using contracted augment staff. FY 2020 Operational Budget Adjustment Engineering Services Department PROJECT TIMELINE: 19 D J F M A M J J A S 2020 Six FTE'sHiring period The schedule reflects City Council approval in December with advertising and hiring on- going through the first of the year. ALTERNATIVES: One alternative would be to resume using contracted augment staff to help manage the workload. This will result in increased cost. Another alternative would be to wait until the normal budget cycle. Delaying the action until the FY 2021 budget adoption would likely delay hiring until calendar year 2021. That could adversely affect the capital program schedule. FISCAL IMPACT: The item proposes to amend the FY 2020 Operating Budget to increase revenues and expenditures required for six additional full-time positions in the Engineering Services Department. Project staff time is a direct expense to the projects they are working on, so revenues to include bond proceeds will be collected to meet the expenses required to hire permanent staff. Funding Detail (Remaining Year): Fund/Org: Engineering Services / Major Projects (Fund 5310/Org 11160) Mission Elem: Manage Projects (ME 011) Project No.: N/A Account: N/A Activity: N/A Amount:upon approval of Ordinance RECOMMENDATION: Staff recommends approval of the Ordinance to add six positions with required salaries, benefits and equipment to the Engineering Services Department. LIST OF SUPPORTING DOCUMENTS: Ordinance Proposed Budget Adjustment ONE-READING ORDINANCE APPROVING THE ADDITION OF SIX FULL-TIME POSITIONS WITH REQUIRED SALARIES, BENEFITS AND EQUIPMENT TO THE ENGINEERING SERVICES DEPARTMENT BUDGET; AMENDING THE FY 2020 OPERATING BUDGET AS REQUIRED FOR THE LAST EIGHT MONTHS OF THE YEAR WITH FUNDING COMING FROM THE FY 2020 CAPITAL IMPROVEMENT AND OPERATIONAL BUDGETS AS REQUIRED; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The Fiscal Year 2020 Operating Budget adopted by Ordinance 031870 is amended to increase the number of FTE’s in the Engineering Department by Six. SECTION 2. The Fiscal Year 2020 Operational Budget adopted by Ordinance 031870 is amended to increase revenues and expenditures in the amount of $388,828.76 for the period of February 2020 through September 2020 in Fund 5310 Engineering Services. SECTION 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and take s effect upon first reading as an emergency measure on this 17th day of December, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor PASSED AND APPROVED on this the_________ day of ___________________, ______ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully,Respectfully, _________________________ _________________________ __________________________ _________________________Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith BUDGET ADJUSTMENT FOR FY 2019 - 2020 Engineering Services Department 262 131 Current Title Proposed Salary # of Positions Total Per Position Project Manager 50,000.00 1 50,000.00 Engineer I 52,000.00 1 52,000.00 Senior Project Manager 70,000.00 1 70,000.00 Engineer II 60,000.00 1 60,000.00 Management Analyst 43,500.00 2 87,000.00 - - Salaries 275,500.00 6.00 319,000.00 Retirement 90,915.00 105,270.00 510100 Salaries and Wages 210,637.40 Salaries Expenses 511000 Retirement 52,635.00 Estimated benefits 520100 Computer equip & software non- capital 18,000.00 $3000/employee to include laptop, monitors, software, docking station etc. 520110 Minor office equipment 15,000.00 $2500/employee for desk, chair, filing cabinet etc. Office Layout reconfiguration 50,000.00 To reconfiugre the office layout and potential IT drops for connectivity 346,272.40 Number of working days FY20 Number of working days from February - September FY20 Additional Cost - Estimate for 6 months in FY20 Estimated Total cost February March April May June July August 20.00 22.00 22.00 21.00 22.00 23.00 21.00 7.63%8.40%8.40%8.02%8.40%8.78%8.02% 3,816.79 4,198.47 4,198.47 4,007.63 4,198.47 4,389.31 4,007.63 3,969.47 4,366.41 4,366.41 4,167.94 4,366.41 4,564.89 4,167.94 5,343.51 5,877.86 5,877.86 5,610.69 5,877.86 6,145.04 5,610.69 4,580.15 5,038.17 5,038.17 4,809.16 5,038.17 5,267.18 4,809.16 6,641.22 7,305.34 7,305.34 6,973.28 7,305.34 7,637.40 6,973.28 ------- ------- 24,351.15 26,786.26 26,786.26 25,568.70 26,786.26 28,003.82 25,568.70 8,035.88 8,839.47 8,839.47 8,437.67 8,839.47 9,241.26 8,437.67 September Total 22.00 173.00 8.40%66.03% 4,198.47 33,015.27 4,366.41 34,335.88 5,877.86 46,221.37 5,038.17 39,618.32 7,305.34 57,446.56 -- - 26,786.26 210,637.40 8,839.47 52,635.00 BUDGET ADJUSTMENT FOR FY 2019 - 2020 Engineering Services Department 262 131 Current Title Proposed Salary # of Positions Total Per Position Project Manager 50,000.00 1 50,000.00 Engineer I 52,000.00 1 52,000.00 Senior Project Manager 70,000.00 1 70,000.00 Engineer II 60,000.00 1 60,000.00 Management Analyst 43,500.00 2 87,000.00 - - Salaries 275,500.00 6.00 319,000.00 Retirement 72,566.70 84,024.60 510100 Salaries and Wages 210,637.40 Salaries Expenses 511000 Retirement 55,481.89 Estimated benefits 513000 Health Benefits 38,022.54 Estimated benefits 513001 Other Employee Benefits 1,686.92 Estimated benefits 520100 Computer equip & software non- capital 18,000.00 $3000/employee to include laptop, monitors, software, docking station etc. 520110 Minor office equipment 15,000.00 $2500/employee for desk, chair, filing cabinet etc. Office Layout reconfiguration 50,000.00 To reconfiugre the office layout and potential IT drops for connectivity 388,828.76 Number of working days FY20 Number of working days from February - September FY20 Additional Cost - Estimate for 8 months in FY20 Estimated Total cost February March April May June July August 20.00 22.00 22.00 21.00 22.00 23.00 21.00 7.63%8.40%8.40%8.02%8.40%8.78%8.02% 3,816.79 4,198.47 4,198.47 4,007.63 4,198.47 4,389.31 4,007.63 3,969.47 4,366.41 4,366.41 4,167.94 4,366.41 4,564.89 4,167.94 5,343.51 5,877.86 5,877.86 5,610.69 5,877.86 6,145.04 5,610.69 4,580.15 5,038.17 5,038.17 4,809.16 5,038.17 5,267.18 4,809.16 6,641.22 7,305.34 7,305.34 6,973.28 7,305.34 7,637.40 6,973.28 ------- ------- 24,351.15 26,786.26 26,786.26 25,568.70 26,786.26 28,003.82 25,568.70 6,414.09 7,055.50 7,055.50 6,734.80 7,055.50 7,376.21 6,734.80 September Total 22.00 173.00 8.40%66.03% 4,198.47 33,015.27 4,366.41 34,335.88 5,877.86 46,221.37 5,038.17 39,618.32 7,305.34 57,446.56 -- - 26,786.26 210,637.40 7,055.50 55,481.89 AGENDA MEMORANDUM One Reading for the City Council Meeting of December 17, 2019 DATE:December 11, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 Esther Velazquez, Assistant to the Director EstherV@cctexas.com (361) 826-3093 CAPTION: One-reading Ordinance approving two contracts for comprehensive facility assessments to LNV, Inc. in the amounts of $29,880 for the Art Center of Corpus Christi and $52,830 for the Art Museum of South Texas, located in Council District 1, with work beginning upon issuance of notice to proceed, and funds are available in the Type A Seawall System CIP Fund; and amending the FY 2020 Capital Improvement Program Budget. SUMMARY: These contracts authorize comprehensive assessments of the structural/electrical/mechanical integrity of two city-owned facilities located on the City’s bayfront. The comprehensive building assessments will engage a team of design professionals to document all observable deficiencies within the building system. The assessments will include damage assessments, root cause determinations and probable costs for corrective actions. The assessment teams will be composed of an architect, structural consultant, mechanical/electrical/plumbing engineer, and a roofing consultant. BACKGROUND AND PURPOSE: ART CENTER: City staff conducted a limited building assessment of the facility. The Art Center experiences persistent water leaks and mechanical equipment deficiencies. Water damage was observed in Comprehensive Facility Assessments Art Center of Corpus Christi and Art Museum of South Texas the ceiling at the public entrance, public areas, electrical panel, kitchen and in storage rooms. Mechanical equipment deficiencies caused excess condensation and contributed to some of the water damage observed. The root causes of the damage must be addressed in a timely manner in order to avoid exponential growth in damage and cost, and potential damage to the exhibits. The Art Center, located along Shoreline Blvd. between Coopers Alley and John Sartain Street, was built in 1941 as a United States Organization (USO) facility and later served as a City Hall Annex and a County Tax office. In 1983, the City purchased the building from the county and established the Art Community Center. Each year nearly 200,000 people visit The Art Center's 25,000 square foot facility. The Art Center of Corpus Christi is a 501(c)3 non-profit organization and relies on individual donations, dues, along with foundation grants to support the "free admission for everyone every day" policy, outreach programs and affordable art education programs open to all. ART MUSEUM of SOUTH TEXAS: City staff conducted a limited building assessment of the facility. The Art Museum of South Texas has been through several partial building assessments and building related investigations in recent years. These include an elevator assessment and roof leak investigation, which triggered roof repairs and an elevator modernization project. The investigation uncovered damage to the concrete party deck, and a pattern of leaks at lower corners of roof mounted skylights, and corrosion to the roof plumbing system. The museum shares centralized mechanical thermal energy storage (TESS) system and automated system controls with the Corpus Christi Museum of Science and History, the Harbor Playhouse, the American Bank Center, and the Selena Auditorium. This system is inefficient, out-of-date and unreliable, and was part of a feasibility study to make the system more efficient and modernized. Some work was performed on the centralized system which may have affected the museum’s mechanical capabilities and efficiency. Inefficient mechanical systems may become the root cause of water damage, mold, excess electrical consumption amongst other issues. These issues need to be investigated and addressed in a timely manner to protect the museum’s displays and exhibits. The Art Museum of South Texas is in the Corpus Christi Bayfront, and it is part of the Science Entertainment and Arts (SEA) District. The original building was completed in 1972 and an addition in 2006 brings the museum to a total of 60,000 square feet of gallery space, restaurant, gift shop, office, digital classroom and storage. The Museum, which is affiliated with Texas A&M University- Corpus Christi, permanently houses a collection of approximately 1,700 works of art. PROJECT TIMELINE: J F M A TO BE DETERMINED Design/Construction 2020 Assessment If approved by City Council in the December timeframe, a notice to proceed will be issued for both contracts, and the assessments should be completed in April 2020. Plans for any future design and construction work will be taken under consideration at that time. COMPETITIVE SOLICITATION PROCESS LNV was selected for the Comprehensive Facilities Improvements project in February 2019 under RFQ 2018-10. These projects were announced under Group F – Public Buildings, Parks & Facilities Category of the RFQ. Eight firms submitted and eight firms were selected to interview. LNV was one of the highest ranked firms in the Category. The selection committee consisted of one representative from the Parks Department and three representatives from Engineering Services. Firms were ranked 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. ALTERNATIVES: The Council could not approve this recommendation and the comprehensive facility assessments will not take place at this time. This is not recommended due to the need to protect the properties and exhibits in the City’s care. FISCAL IMPACT: This item was approved and recommended for City Council approval by the Corpus Christi Business and Job Development Corporation Board during their December 9,2019, meeting. This Ordinance proposes to amend the Capital Improvement Program Budget and award two contracts to LNV, Inc. to provide comprehensive facility assessments to for the Art Center of Corpus Christi in the amount of $29,880 and the Art Museum of South Texas in the amount of $52,830. The projects are both located in City Council District 1 and will begin upon the issuance of a notice to proceed with funds available in the Type A Seawall System CIP Fund. Upon completion of the assessments, future design and construction work will be discussed and potential funding sources will be identified and appropriated at that time. FUNDING DETAIL: ART CENTER: Fund:Seawall System CIP Fund (Fund 3271) Mission Element: Economic Development (ME #707) Project No.: Art Center (Project #20123A) Account: Professional Services (Account #530000) Activity: 20123-A-3271-EXP Amount:$29,880 ART MUSEUM: Fund:Seawall System CIP Fund (Fund 3271) Mission Element: Economic Development (ME #707) Project No.: Art Museum (Project #20122A) Account: Professional Services (Account #530000) Activity: 20122-A-3271-EXP Amount:$52,830 RECOMMENDATION: Staff recommends approval of the ordinance and contracts as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Assessment Contracts One-reading Ordinance approving two contracts for comprehensive facility assessments to LNV, Inc. in the amounts of $29,880 for the Art Center of Corpus Christi and $52,830 for the Art Museum of South Texas, located in Council District 1, with work beginning upon issuance of notice to proceed, with funds available in the Type A Seawall System CIP Fund; and amending the FY 2020 Capital Improvement Program Budget; and declaring an emergency WHEREAS, on November 7, 2000, residents of the City of Corpus Christi (“City”) passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development of improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements to promote economic development for the life thereof to be imposed for 25 years; WHEREAS, the Council has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for certain facility assessments for property along the seawall structure that belongs to the City of Corpus Christi. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Fiscal Year 2020 Capital Improvement Program Budget adopted by Ordinance 031870 is amended to add the Corpus Christi Art Museum and the Art Museum of South Texas projects. SECTION 2. It is recommended a contract in the amount of $29,880 for the Art Center of Corpus Christi and second contract in the amount of $52,830 for the Art Museum of South Texas be awarded to LNV, Inc for comprehensive facility studies at each location. SECTION 3. The projects are located in City Council District 1 and assessment work will begin upon issuance of notice to proceed. Funds for these projects are available in the Seawall System CIP. SECTION 4. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 17th day of December, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor PASSED AND APPROVED on this the_________ day of ________________, ______ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully,Respectfully, _________________________ _________________________ __________________________ _________________________Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES The Art Museum of South Texas LOCATION MAP NOT TO SCALE Project Number: 18020A Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Art Museum of South Texas VICINITY MAP NOT TO SCALE Water Garden Selena Auditorium Art Museum of South Texas 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Art Community Center of Corpus Christi LOCATION MAP NOT TO SCALE Project Number: 18020A Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Art Community Center of Corpus Christi VICINITY MAP NOT TO SCALEN. Water St.John S a r t a i n S t .N. Shoreline Blvd.Coopers Alley Art Community Center of Corpus Christi Contract for Professional Services Page 1 of 11 SERVICE AGREEMENT NO. 2785 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 20122A – Art Museum Building Assessment The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas, 78408 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 2 of 11 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 of 11 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $52,830.00. 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Contract for Professional Services Page 4 of 11 Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. Contract for Professional Services Page 5 of 11 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and Contract for Professional Services Page 6 of 11 court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as Contract for Professional Services Page 7 of 11 required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. Contract for Professional Services Page 8 of 11 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar Contract for Professional Services Page 9 of 11 projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 10 of 11 ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you Contract for Professional Services Page 11 of 11 need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LNV, INC. ____________________________________ _____________________________________ Mark Van Vleck Date Dan S. Leyendecker, P.E. Date Assistant City Manager President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office danl@lnvinc.com cforsythe@lnvinc.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date Art Museum Building Assessment Project No. 20122A Service Agreement No. 2785 Fund Name Accounting Unit Account No. Activity No. Amount Seawall System CIP 3271-717 550950 20122A-A-3271-EXP $52,830.00 Total $52,830.00 EXHIBIT A Page 1 of 4 EXHIBIT A Page 2 of 4 EXHIBIT A Page 3 of 4 EXHIBIT A Page 4 of 4 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 09/19 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 3 Rev 09/19 Exhibit C coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT “D” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A EXHIBIT “D” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Contract for Professional Services Page 1 of 11 SERVICE AGREEMENT NO. 2790 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 20123A – Art Center Building Assessment The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas, 78408 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 2 of 11 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibit A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 of 11 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $29,880.00. 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Contract for Professional Services Page 4 of 11 Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. Contract for Professional Services Page 5 of 11 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and Contract for Professional Services Page 6 of 11 court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as Contract for Professional Services Page 7 of 11 required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. Contract for Professional Services Page 8 of 11 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar Contract for Professional Services Page 9 of 11 projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 10 of 11 ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you Contract for Professional Services Page 11 of 11 need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LNV, INC. ____________________________________ _____________________________________ Mark Van Vleck Date Dan S. Leyendecker, P.E. Date Assistant City Manager President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office danl@lnvinc.com cforsythe@lnvinc.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date Art Center Building Assessment Project No. 20123A Service Agreement No. 2790 Fund Name Accounting Unit Account No. Activity No. Amount Seawall System CIP 3271-717 550950 20123A-A-3271-EXP $29,880.00 Total $29,880.00 EXHIBIT A Page 1 of 4 EXHIBIT A Page 2 of 4 EXHIBIT A Page 3 of 4 EXHIBIT A Page 4 of 4 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 09/19 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 3 Rev 09/19 Exhibit C coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT “D” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A EXHIBIT “D” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM First Reading for the City Council Meeting of December 10, 2019 Second Reading for the City Council Meeting of December 17, 2019 DATE:December 06, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P. E., Director of Street Operations Albertq@cctexas.com (361) 826-1957 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Preventative Maintenance Program Reserves. SUMMARY: This motion approves two construction IDIQ contracts to perform maintenance improvements to streets city-wide. These services include ultra-thin bonded overlays, overlays, base repairs, concrete work on curbs and gutters, minor utility work, pavement markings and ADA improvements. Construction Contract Award Street Preventative Maintenance Program BACKGROUND AND FINDINGS: This project is the continuation of the City Council approved 10-year street maintenance program for citywide Street Preventative Maintenance Program (SPMP) funded in part by the approved street maintenance fee. This program is entering the 6th year (FY 2019). On June 11, 2019, City Council approved a resolution for the SPMP 2019 Work Plan (Year – 6). With the resolution, City Council directed staff to proceed with implementing the concepts, direction, selection criteria, and general work plan for the sixth year of the program. The SPMP FY 2019 program will provide city-wide road maintenance consisting primarily of mill and overlay to arterial, collector, and residential streets as well as ultra-thin bonded wear course construction to arterial and collector streets. The project is an indefinite delivery/indefinite quantity contract that will require a variety of tasks associated with roadway maintenance. General requirements of the contract include traffic control and pavement markings. Street improvement construction includes subgrade and base repair, pavement milling, installing hot mix asphaltic concrete, and installing ultra-thin bonded wear course. Minor utility improvements such as wastewater and storm water manhole ring and cover adjustment, water valve cover adjustment, and gas valve cover adjustment will also be required as part of the program. Concrete activities such as curb and gutter, sidewalk and driveway installation are also included in the program scope. The work will be issued in individual work orders called “Delivery Orders” that provide specific scope and requirements. The project was bid in four parts. One part was ultra-thin bonded wearing course, and three parts were overlays. Each part is citywide and intended to fund two years of maintenance activities. PROJECT TIMELINE: 19 D J F M A M J J A S O N D J F M A M J J A S O N D 20212020 Design & Construction Project schedule reflects City Council award in December with anticipated completion in 2021. COMPETITIVE SOLICITATION PROCESS On November 13, 2019, the City received bids from three bidders. The project was bid with four base bids, one for ultra-thin overlays and associated work and the other three for overlays and associated work. One bidder was lowest on all four parts. The City analyzed the bids in accordance with the contract documents and determined Bay, Ltd. is the lowest responsive and responsible bidder. Bay Ltd. has successfully completed numerous City street projects. Please note, the bid amounts do not determine the contract value of an IDIQ contract but do set the unit prices for the work. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID 1 – ULTRA THIN ($20M) BASE BID 2 – OVERLAY ($10M) BASE BID 3 – OVERLAY ($6M) BASE BID 4 – OVERLAY ($6M) Bay Ltd.23,079,301.50 11,594,041.00 7,133,653.00 7,133,653.00 Haas- Anderson Ltd.24,118,345.00 12,892,432.00 7,786,661.00 7,786,661.00 A. Ortiz Construction/Paving NO BID NO BID NO BID 7,906,536.00 ALTERNATIVES: An alternative would be to rebid the project not as an indefinite delivery indefinite quantity contract and instead bid each street or group of streets as they are designed; however, this would delay starting the large volume of street work needed in the City. FISCAL IMPACT: The item proposes to award two IDIQ construction contracts to Bay Ltd., one contract for ultra-thin overlays in the not to exceed amount of $20,000,000, and one contract for overlays in the not to exceed amount of $30,000,000 for the Street Preventative Maintenance Program FY 2019. Work is located citywide, will start upon notice to proceed and funding is available upon approval of the Ordinance from Street Preventative Maintenance Program, Program Reserves, Utilities and funds for ADA Improvements from Bond 2016 and 2018. FUNDING DETAIL (Year One Only): Fund/Org: Streets/Street Preventative Maintenance Program (Fund 1041) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs (Account #530215) Activity: 18135-A-1041-EXP Amount:$16,665,375 Fund: Storm Water Fund (Fund 4300) Org:Storm Water Maintenance of Lines (Org #32005) Mission Elem: Drainage Infrastructure (ME 043) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4300-EXP Amount:$383,475 Fund: Water Fund (Fund 4010) Org:Treated Water Delivery System (Org #31520) Mission Elem: Distribute Water (ME 041) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4010-EXP Amount:$115,902 Fund: Wastewater Fund (Fund 4200) Org:Wastewater Collection System (Org #33400) Mission Elem: Wastewater Collection System (ME 042) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Maintenance & Repairs – Interdepartment (Acct #520131) Activity: 18135-A-4200-EXP Amount:$463,299 Fund: Gas Fund (Fund 4130) Org:Natural Gas Purchased (Org #34100) Mission Elem: Gas Distribution System (ME 022) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Natural Gas Purchases (Account #520200) Activity: 18135-A-4130-EXP Amount:$226,466 Fund: Street 2018 GO Bond 2016 (Fund 3554) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Construction (Account #550910) Activity: 18135-A-3554-EXP Amount:$2,052,235.81 Fund: Street 2019 GO Bond 2018 (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Street Preventative Maintenance Program FY 2019 (Proj 18135A) Account: Construction (Account #550910) Activity: 18135-A-3556-EXP Amount:$1,093,247.19 RECOMMENDATION: Staff recommends awarding the IDIQ construction contracts for the Street Preventative Maintenance Program FY 2019 to Bay Ltd as presented above. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabs (4) Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Operation Reserves. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $5,000,000 from the Committed Fund Balance in Fund 1041 and amending the Fiscal Year 2020 Operating Budget adopted by Ordinance 031870 to increase expenditures SECTION 2.The City Manager or designee is authorized to execute a construction contract up to the amount of $50,000,000 with Bay, LTD. for the Street Preventative Maintenance Program for up to $20,000,000 of Ultra-Thin Bonded Wear Course and up to $30,000,000 of Street Overlays. SECTION 3. This project is located citywide and will begin upon notice to proceed with funding available upon approval of this ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor BID DATE: Wednesday - Nov. 13, 2019 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 1-A1 MOBILIZATION LS 1 325,000.00$ 325,000.00$ 736,000.00$ 736,000.00$ 1-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 130,000.00$ 130,000.00$ 130,000.00$ 130,000.00$ 1-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 38 9,900.00$ 376,200.00$ 6,100.00$ 231,800.00$ 1-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 72 11,500.00$ 828,000.00$ 8,900.00$ 640,800.00$ 1-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 1-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 2200 0.28$ 616.00$ 0.30$ 660.00$ 1-A8 CURB PAINTING (RED FIRE ZONE)LF 600 0.28$ 168.00$ 0.30$ 180.00$ 1-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH SY 5000 33.00$ 165,000.00$ 22.00$ 110,000.00$ 1-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 1150 12.25$ 14,087.50$ 7.15$ 8,222.50$ 1-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 110 1,100.00$ 121,000.00$ 1,185.00$ 130,350.00$ 1-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATION WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 110 1,100.00$ 121,000.00$ 356.00$ 39,160.00$ 2,081,551.50$ 2,029,384.50$ NO BID 1-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 5000 42.00$ 210,000.00$ 40.00$ 200,000.00$ CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS SUBTOTAL PART A - GENERAL CORPUS CHRISTI, TEXAS TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BASE BID - PART 1: ULTRA THIN BONDED WEAR COURSE PART B - STREET IMPROVEMENTS PART A - GENERAL Page 1 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 5000 44.00$ 220,000.00$ 49.00$ 245,000.00$ 1-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 40000 72.00$ 2,880,000.00$ 74.00$ 2,960,000.00$ 1-B7 CEMENT FOR CEMENT TREATMENT TON 120 220.00$ 26,400.00$ 175.00$ 21,000.00$ 1-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 5000 4.70$ 23,500.00$ 3.85$ 19,250.00$ 1-B9 HMAC SAW CUTTING (0 TO 4" DEPTH)LF 85000 1.70$ 144,500.00$ 0.90$ 76,500.00$ 1-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 200 310.00$ 62,000.00$ 219.00$ 43,800.00$ 1-B11 CRACK SEAL WITH ALL SURFACE PREPARATION AND APPLICATION LF 45500 2.30$ 104,650.00$ 1.25$ 56,875.00$ 1-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 3400 150.00$ 510,000.00$ 139.00$ 472,600.00$ 1-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 25000 4.60$ 115,000.00$ 3.45$ 86,250.00$ 1-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 400 87.00$ 34,800.00$ 101.00$ 40,400.00$ 1-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG70-22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2750 125.00$ 343,750.00$ 118.00$ 324,500.00$ 1-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG76-22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 1375 137.00$ 188,375.00$ 114.00$ 156,750.00$ 1-B18 ULTRA-THIN BONDED WEAR COURSE MEMBRANE GAL 190000 3.00$ 570,000.00$ 3.20$ 608,000.00$ 1-B19 ULTRA-THIN BONDED WEAR COURSE ASPHALT TON 2600 170.00$ 442,000.00$ 172.00$ 447,200.00$ 1-B20 ULTRA-THIN BONDED WEAR COURSE AGGREGATE TON 45000 160.65$ 7,229,250.00$ 172.00$ 7,740,000.00$ 1-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 12850 0.80$ 10,280.00$ 0.75$ 9,637.50$ 1-B22 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 142000 0.40$ 56,800.00$ 0.40$ 56,800.00$ 1-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 260000 0.40$ 104,000.00$ 0.40$ 104,000.00$ 1-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 260000 0.40$ 104,000.00$ 0.40$ 104,000.00$ Page 2 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-B25 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 149000 0.40$ 59,600.00$ 0.40$ 59,600.00$ 1-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 26500 3.20$ 84,800.00$ 3.05$ 80,825.00$ 1-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 11 1,900.00$ 20,900.00$ 4,530.00$ 49,830.00$ 1-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 2 2,600.00$ 5,200.00$ 6,280.00$ 12,560.00$ 1-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 7700 13.75$ 105,875.00$ 13.00$ 100,100.00$ 1-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 126700 9.00$ 1,140,300.00$ 2.20$ 278,740.00$ 1-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 135 320.00$ 43,200.00$ 303.00$ 40,905.00$ 1-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 322 210.00$ 67,620.00$ 204.00$ 65,688.00$ 14,906,800.00$ 14,460,810.50$ NO BID 1-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 300 1,300.00$ 390,000.00$ 2,110.00$ 633,000.00$ 1-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 150 2,400.00$ 360,000.00$ 3,430.00$ 514,500.00$ PART C - CONCRETE ACTIVITIES SUBTOTAL PART B - STREET IMPROVEMENTS Page 3 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 5400 69.00$ 372,600.00$ 68.00$ 367,200.00$ 1-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 15000 14.00$ 210,000.00$ 23.00$ 345,000.00$ 1-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 1500 18.50$ 27,750.00$ 24.00$ 36,000.00$ 1-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 700 195.00$ 136,500.00$ 230.00$ 161,000.00$ 1,496,850.00$ 2,056,700.00$ NO BID 1-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 330 2,100.00$ 693,000.00$ 2,750.00$ 907,500.00$ 1-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 330 1,700.00$ 561,000.00$ 2,070.00$ 683,100.00$ PART D - MINOR UTILITY IMPROVEMENTS SUBTOTAL PART C - CONCRETE ACTIVITIES Page 4 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 30 2,200.00$ 66,000.00$ 2,050.00$ 61,500.00$ 1-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 320 680.00$ 217,600.00$ 1,130.00$ 361,600.00$ 1-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 320 1,300.00$ 416,000.00$ 1,100.00$ 352,000.00$ 1-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 750 15.00$ 11,250.00$ 11.00$ 8,250.00$ 1,964,850.00$ 2,373,950.00$ NO BID 1-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 250 1,100.00$ 275,000.00$ 1,850.00$ 462,500.00$ 1-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 120 2,300.00$ 276,000.00$ 2,900.00$ 348,000.00$ 1-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 17000 15.75$ 267,750.00$ 16.00$ 272,000.00$ PART E - ADA IMPROVEMENTS SUBTOTAL PART D - MINOR UTILITY IMPROVEMENTS Page 5 of 6 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD. 1414 VALERO WAY HAAS-ANDERSON LTD PO BOX 7692 A.ORTIZ CONSTR/PAVING 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135 - RFB #2622 1-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 60000 23.00$ 1,380,000.00$ 28.00$ 1,680,000.00$ 1-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 45000 8.50$ 382,500.00$ 9.00$ 405,000.00$ 1-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1500 32.00$ 48,000.00$ 20.00$ 30,000.00$ 2,629,250.00$ 3,197,500.00$ NO BID 23,079,301.50$ 24,118,345.00$ NO BIDTOTAL BASE BID - PART 1 (A THRU E) SUBTOTAL PART E - ADA IMPROVEMENTS Page 6 of 6 BID DATE: Wednesday - Nov. 13, 2019 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 2-A1 MOBILIZATION LS 1 90,000.00$ 90,000.00$ 625,000.00$ 625,000.00$ 2-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 65,000.00$ 65,000.00$ 68,000.00$ 68,000.00$ 2-A3 TRAFFIC CONTROL AND SWPPP (EXCLUDING SEDIMENT CONTROL FENCING), RESIDENTIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 50 2,800.00$ 140,000.00$ 1,730.00$ 86,500.00$ 2-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 12 9,000.00$ 108,000.00$ 5,670.00$ 68,040.00$ 2-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 12 10,000.00$ 120,000.00$ 7,460.00$ 89,520.00$ 2-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 2-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 100 0.50$ 50.00$ 0.50$ 50.00$ 2-A8 CURB PAINTING (RED FIRE ZONE)LF 100 0.50$ 50.00$ 0.50$ 50.00$ 2-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH.SY 3600 31.00$ 111,600.00$ 22.00$ 79,200.00$ 2-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 3500 11.50$ 40,250.00$ 7.15$ 25,025.00$ 2-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 74 1,100.00$ 81,400.00$ 2,980.00$ 220,520.00$ CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 PART A - GENERAL BASE BID - PART 2: OVERLAYS Page 1 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATIONS WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 74 1,000.00$ 74,000.00$ 635.00$ 46,990.00$ 830,830.00$ 1,311,107.00$ NO BID 2-B1 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1500 48.00$ 72,000.00$ 41.00$ 61,500.00$ 2-B2 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1500 56.00$ 84,000.00$ 48.00$ 72,000.00$ 2-B3 8" DEEP RESIDENTIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 10000 60.00$ 600,000.00$ 69.00$ 690,000.00$ 2-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1000 58.00$ 58,000.00$ 45.00$ 45,000.00$ 2-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 1000 58.00$ 58,000.00$ 53.00$ 53,000.00$ 2-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64- 22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 3000 77.00$ 231,000.00$ 74.00$ 222,000.00$ 2-B7 CEMENT FOR CEMENT TREATMENT TON 50 170.00$ 8,500.00$ 211.00$ 10,550.00$ 2-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 5000 4.60$ 23,000.00$ 3.85$ 19,250.00$ 2-B9 HMAC SAW CUTTING (0 TO 4" DEPTH)LF 28500 1.70$ 48,450.00$ 0.90$ 25,650.00$ SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS Page 2 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 250 260.00$ 65,000.00$ 219.00$ 54,750.00$ 2-B11 CRACK SEAL WITH ALL SURFACE PREPARATION AND APPLICATION LF 4000 16.75$ 67,000.00$ 1.25$ 5,000.00$ 2-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 1140 130.00$ 148,200.00$ 139.00$ 158,460.00$ 2-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 300000 5.53$ 1,659,000.00$ 3.50$ 1,050,000.00$ 2-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 220 85.00$ 18,700.00$ 101.00$ 22,220.00$ 2-B15 SURFACE TREATMENT - HMAC, TYPE "D", SAC- B, PG64-22 (RESIDENTIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 20500 120.00$ 2,460,000.00$ 130.00$ 2,665,000.00$ 2-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC- B, PG70-22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 4000 120.00$ 480,000.00$ 120.00$ 480,000.00$ 2-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC- B, PG76-22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 4000 120.00$ 480,000.00$ 120.00$ 480,000.00$ 2-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 4300 1.67$ 7,181.00$ 1.65$ 7,095.00$ 2-B22 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 29000 0.85$ 24,650.00$ 0.85$ 24,650.00$ 2-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 21000 0.85$ 17,850.00$ 0.85$ 17,850.00$ 2-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 30500 0.85$ 25,925.00$ 0.85$ 25,925.00$ Page 3 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-B25 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 12100 0.85$ 10,285.00$ 0.85$ 10,285.00$ 2-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 2500 4.50$ 11,250.00$ 4.40$ 11,000.00$ 2-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 10 250.00$ 2,500.00$ 4,560.00$ 45,600.00$ 2-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 3 340.00$ 1,020.00$ 6,390.00$ 19,170.00$ 2-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 1000 13.50$ 13,500.00$ 13.00$ 13,000.00$ 2-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 20500 11.00$ 225,500.00$ 2.20$ 45,100.00$ 2-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 25 390.00$ 9,750.00$ 386.00$ 9,650.00$ 2-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 70 280.00$ 19,600.00$ 276.00$ 19,320.00$ 6,929,861.00$ 6,363,025.00$ NO BID 2-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 150 1,300.00$ 195,000.00$ 2,110.00$ 316,500.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - CONCRETE ACTIVITIES Page 4 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 75 2,400.00$ 180,000.00$ 3,430.00$ 257,250.00$ 2-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 5500 67.00$ 368,500.00$ 68.00$ 374,000.00$ 2-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 28500 13.75$ 391,875.00$ 25.00$ 712,500.00$ 2-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 3000 18.00$ 54,000.00$ 26.00$ 78,000.00$ Page 5 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 700 190.00$ 133,000.00$ 230.00$ 161,000.00$ 1,322,375.00$ 1,899,250.00$ NO BID 2-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 70 2,100.00$ 147,000.00$ 2,750.00$ 192,500.00$ 2-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 70 1,700.00$ 119,000.00$ 2,070.00$ 144,900.00$ 2-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 15 2,100.00$ 31,500.00$ 2,050.00$ 30,750.00$ 2-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 35 660.00$ 23,100.00$ 1,130.00$ 39,550.00$ SUBTOTAL PART C - CONCRETE ACTIVITIES PART D- MINOR UTILITIES IMPROVEMENTS Page 6 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 35 1,200.00$ 42,000.00$ 1,100.00$ 38,500.00$ 2-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 150 14.50$ 2,175.00$ 11.00$ 1,650.00$ 364,775.00$ 447,850.00$ NO BID 2-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 250 1,100.00$ 275,000.00$ 1,930.00$ 482,500.00$ 2-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 120 2,200.00$ 264,000.00$ 3,020.00$ 362,400.00$ SUBTOTAL PART D - MINOR UTILITY IMPR PART E - ADA IMPROVEMENTS Page 7 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 2-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 17000 15.25$ 259,250.00$ 17.00$ 289,000.00$ 2-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 42000 24.00$ 1,008,000.00$ 33.00$ 1,386,000.00$ 2-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 34000 8.30$ 282,200.00$ 9.20$ 312,800.00$ 2-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1750 33.00$ 57,750.00$ 22.00$ 38,500.00$ 2,146,200.00$ 2,871,200.00$ NO BID 11,594,041.00$ 12,892,432.00$ NO BIDTOTAL BASE BID - PART 2 (A THRU E) SUBTOTAL PART E - ADA IMPROVEMENTS Page 8 of 8 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 3-A1 MOBILIZATION LS 1 290,000.00$ 290,000.00$ 375,000.00$ 375,000.00$ 3-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 44,000.00$ 44,000.00$ 41,000.00$ 41,000.00$ 3-A3 TRAFFIC CONTROL AND SWPPP (EXCLUDING SEDIMENT CONTROL FENCING), RESIDENTIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 31 3,000.00$ 93,000.00$ 1,730.00$ 53,630.00$ 3-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 9,300.00$ 65,100.00$ 5,670.00$ 39,690.00$ 3-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 10,900.00$ 76,300.00$ 7,460.00$ 52,220.00$ 3-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 3-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 3-A8 CURB PAINTING (RED FIRE ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 3-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH.SY 2200 32.00$ 70,400.00$ 22.00$ 48,400.00$ 3-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 2100 11.25$ 23,625.00$ 7.15$ 15,015.00$ 3-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 45 1,000.00$ 45,000.00$ 3,800.00$ 171,000.00$ 3-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATIONS WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 45 1,000.00$ 45,000.00$ 522.00$ 23,490.00$ 753,037.00$ 821,789.00$ NO BID PART A - GENERAL TABLATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. BID DATE: Wednesday - Nov. 13, 2019 STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BASE BID - PART 3: OVERLAYS SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS Page 1 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-B1 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 48.00$ 43,200.00$ 41.00$ 36,900.00$ 3-B2 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 55.00$ 49,500.00$ 48.00$ 43,200.00$ 3-B3 8" DEEP RESIDENTIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 6000 61.00$ 366,000.00$ 69.00$ 414,000.00$ 3-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 57.00$ 34,200.00$ 45.00$ 27,000.00$ 3-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 58.00$ 34,800.00$ 53.00$ 31,800.00$ 3-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 1800 76.00$ 136,800.00$ 74.00$ 133,200.00$ 3-B7 CEMENT FOR CEMENT TREATMENT TON 30 170.00$ 5,100.00$ 211.00$ 6,330.00$ 3-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 3000 4.50$ 13,500.00$ 3.85$ 11,550.00$ 3-B9 HMAC SAW CUTTING (0 - 4" DEPTH)LF 17100 1.65$ 28,215.00$ 0.90$ 15,390.00$ 3-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 150 260.00$ 39,000.00$ 219.00$ 32,850.00$ 3-B11 CRACK SEAL WITH ALL SURFACE PREPARATION AND APPLICATION LF 2400 16.50$ 39,600.00$ 1.25$ 3,000.00$ 3-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 684 130.00$ 88,920.00$ 139.00$ 95,076.00$ 3-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 180000 5.50$ 990,000.00$ 3.50$ 630,000.00$ 3-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 132 84.00$ 11,088.00$ 101.00$ 13,332.00$ Page 2 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-B15 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG64-22 (RESIDENTIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 12300 116.75$ 1,436,025.00$ 130.00$ 1,599,000.00$ 3-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG70-22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 3-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG76-22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 3-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 2580 1.65$ 4,257.00$ 1.65$ 4,257.00$ 3-B22 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 17400 0.85$ 14,790.00$ 0.85$ 14,790.00$ 3-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 12600 0.85$ 10,710.00$ 0.85$ 10,710.00$ 3-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 18300 0.85$ 15,555.00$ 0.85$ 15,555.00$ 3-B25 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 7260 0.85$ 6,171.00$ 0.85$ 6,171.00$ 3-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 1500 4.40$ 6,600.00$ 4.40$ 6,600.00$ 3-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 6 330.00$ 1,980.00$ 4,640.00$ 27,840.00$ 3-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 2 330.00$ 660.00$ 6,390.00$ 12,780.00$ 3-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 600 13.25$ 7,950.00$ 13.00$ 7,800.00$ 3-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 12300 10.00$ 123,000.00$ 2.20$ 27,060.00$ Page 3 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 15 330.00$ 4,950.00$ 331.00$ 4,965.00$ 3-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 42 250.00$ 10,500.00$ 248.00$ 10,416.00$ 4,099,071.00$ $3,817,572.00 NO BID 3-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 90 1,300.00$ 117,000.00$ 2,110.00$ 189,900.00$ 3-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 45 2,400.00$ 108,000.00$ 3,430.00$ 154,350.00$ 3-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 3300 66.00$ 217,800.00$ 68.00$ 224,400.00$ 3-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 17100 13.50$ 230,850.00$ 25.00$ 427,500.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - CONCRETE ACTIVITIES Page 4 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 1800 17.75$ 31,950.00$ 26.00$ 46,800.00$ 3-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 420 180.00$ 75,600.00$ 230.00$ 96,600.00$ 781,200.00$ 1,139,550.00$ NO BID 3-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 2,000.00$ 84,000.00$ 2,750.00$ 115,500.00$ 3-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 1,700.00$ 71,400.00$ 2,070.00$ 86,940.00$ 3-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 9 2,100.00$ 18,900.00$ 2,050.00$ 18,450.00$ 3-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 21 660.00$ 13,860.00$ 1,130.00$ 23,730.00$ SUBTOTAL PART C - CONCRETE ACTIVITIES PART D - MINOR UTILITY IMPROVEMENTS Page 5 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 21 1,200.00$ 25,200.00$ 1,100.00$ 23,100.00$ 3-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 90 14.50$ 1,305.00$ 11.00$ 990.00$ 214,665.00$ 268,710.00$ NO BID 3-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 150 1,100.00$ 165,000.00$ 1,930.00$ 289,500.00$ 3-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 72 2,200.00$ 158,400.00$ 3,020.00$ 217,440.00$ 3-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 10200 15.25$ 155,550.00$ 17.00$ 173,400.00$ 3-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 25200 24.00$ 604,800.00$ 33.00$ 831,600.00$ SUBTOTAL PART D - MINOR UTILITY IMPR PART E - ADA IMPROVEMENTS Page 6 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 3-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 20400 8.20$ 167,280.00$ 10.00$ 204,000.00$ 3-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1050 33.00$ 34,650.00$ 22.00$ 23,100.00$ 1,285,680.00$ 1,739,040.00$ NO BID 7,133,653.00$ 7,786,661.00$ NO BID SUBTOTAL PART E - ADA IMPROVEMENTS TOTAL BASE BID - PART 3 (A THRU E) Page 7 of 7 BID DATE: Wednesday - Nov. 13, 2019 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT 4-A1 MOBILIZATION LS 1 290,000.00$ 290,000.00$ 375,000.00$ 375,000.00$ 37,500.00$ 37,500.00$ 4-A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE LS 1 44,000.00$ 44,000.00$ 41,000.00$ 41,000.00$ 35,000.00$ 35,000.00$ 4-A3 TRAFFIC CONTROL AND SWPPP (EXCLUDING SEDIMENT CONTROL FENCING), RESIDENTIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 31 3,000.00$ 93,000.00$ 1,730.00$ 53,630.00$ 5,000.00$ 155,000.00$ 4-A4 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), COLLECTOR STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 9,300.00$ 65,100.00$ 5,670.00$ 39,690.00$ 5,500.00$ 38,500.00$ 4-A5 TRAFFIC CONTROL AND SWPPP(EXCLUDING SEDIMENT CONTROL FENCING), ARTERIAL STREETS, SET-UP, MAINTENANCE AND REMOVAL EA 7 10,900.00$ 76,300.00$ 7,460.00$ 52,220.00$ 6,000.00$ 42,000.00$ 4-A6 OZONE DAYS DAY 4 120.00$ 480.00$ 553.00$ 2,212.00$ 50.00$ 200.00$ 4-A7 CURB PAINTING (YELLOW NO-PARKING ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 10.00$ 600.00$ 4-A8 CURB PAINTING (RED FIRE ZONE)LF 60 1.10$ 66.00$ 1.10$ 66.00$ 15.00$ 900.00$ 4-A9 LANDSCAPE IMPROVEMENTS, INCLUDING 4" CLEAN TOP SOIL, SOD, EXCAVATION, BACKFILL, COMPACTION, WITH ESTABLISHED GROWTH.SY 2200 32.00$ 70,400.00$ 22.00$ 48,400.00$ 15.00$ 33,000.00$ 4-A10 TYPE 1 SELF-SUPPORTED TEMPORARY SEDIMENT CONTROL FENCE, MAINTAINED AND REMOVED LF 2100 11.25$ 23,625.00$ 7.15$ 15,015.00$ 7.50$ 15,750.00$ 4-A11 GPS (8MM HORIZONTAL AND 15 MM VERTICAL MINIMUM ACCURACY) SURVEY OF AS BUILTS - COORDINATES SHALL BE IN TX 4205 STATE PLANE, NAD 83 AND NAVD 88 DATUM PER STREET EA 45 1,000.00$ 45,000.00$ 3,800.00$ 171,000.00$ 2,500.00$ 112,500.00$ 4-A12 RIDE QUALITY ANALYSIS TO INCLUDE STREET SURFACE EVALUATIONS WITH CALIBRATED EQUIPMENT AND APPROVED REPORTS WITH BEFORE AND AFTER SUMMARIES FOR EACH STREET EA 45 1,000.00$ 45,000.00$ 522.00$ 23,490.00$ 1,500.00$ 67,500.00$ 753,037.00$ 821,789.00$ 538,450.00$ SUBTOTAL PART A - GENERAL TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD PART B - STREET IMPROVEMENTS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS BASE BID - PART 4: OVERLAYS PART A - GENERAL Page 1 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-B1 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 48.00$ 43,200.00$ 41.00$ 36,900.00$ 55.00$ 49,500.00$ 4-B2 8" THICK RESIDENTIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 900 55.00$ 49,500.00$ 48.00$ 43,200.00$ 65.00$ 58,500.00$ 4-B3 8" DEEP RESIDENTIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 6000 61.00$ 366,000.00$ 69.00$ 414,000.00$ 90.00$ 540,000.00$ 4-B4 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 57.00$ 34,200.00$ 45.00$ 27,000.00$ 60.00$ 36,000.00$ 4-B5 10" THICK COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH CEMENT TREATED LIMESTONE BASE WITH EXCAVATION/REMOVAL PLACEMENT, PRIME COAT, COMPACTION, ETC.SY 600 58.00$ 34,800.00$ 53.00$ 31,800.00$ 75.00$ 45,000.00$ 4-B6 10" DEEP COLLECTOR/ARTERIAL SUBGRADE AND BASE REPAIR WITH TYPE B, SAC-B, PG64-22 HMAC WITH EXCAVATION/REMOVAL PLACEMENT, TACK COAT, COMPACTION, ETC.SY 1800 76.00$ 136,800.00$ 74.00$ 133,200.00$ 100.00$ 180,000.00$ 4-B7 CEMENT FOR CEMENT TREATMENT TON 30 170.00$ 5,100.00$ 211.00$ 6,330.00$ 300.00$ 9,000.00$ 4-B8 TX5-475 TRIAXIAL GEOGRID, WITH MATERIAL AND PROPER PLACEMENT.SY 3000 4.50$ 13,500.00$ 3.85$ 11,550.00$ 4.00$ 12,000.00$ 4-B9 HMAC SAW CUTTING (0 TO 4" DEPTH)LF 17100 1.65$ 28,215.00$ 0.90$ 15,390.00$ 6.50$ 111,150.00$ 4-B10 PATCHING/SMALL AREA SURFACE RESTORATION - HMAC, TYPE "D" PER TON WITH SMALL EQUIPMENT PLACEMENT, REMOVAL OF EXISTING, PLACEMENT OF NEW, COMPACTION, CURING, HAULING, ETC.TON 150 260.00$ 39,000.00$ 219.00$ 32,850.00$ 200.00$ 30,000.00$ 4-B11 APPLICATION LF 2400 16.50$ 39,600.00$ 1.25$ 3,000.00$ 8.00$ 19,200.00$ 4-B12 HMAC - TYPE "D" LEVEL-UP COURSE (3" DEPTH MAXIMUM)TON 684 130.00$ 88,920.00$ 139.00$ 95,076.00$ 150.00$ 102,600.00$ Page 2 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-B13 PLANING (MILLING)(0" TO 2") WITH ALL PREPARATION MILLING OPERATIONS, HAULING, ETC.SY 180000 5.50$ 990,000.00$ 3.50$ 630,000.00$ 3.00$ 540,000.00$ 4-B14 PROOF ROLLING WITH EQUIPMENT, OPERATOR, ETC.HOUR 132 84.00$ 11,088.00$ 101.00$ 13,332.00$ 100.00$ 13,200.00$ 4-B15 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG64- 22 (RESIDENTIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 12300 116.75$ 1,436,025.00$ 130.00$ 1,599,000.00$ 170.00$ 2,091,000.00$ 4-B16 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG70- 22 (COLLECTOR ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 175.00$ 420,000.00$ 4-B17 SURFACE TREATMENT - HMAC, TYPE "D", SAC-B, PG76- 22 (ARTERIAL ROAD MIX) PER TON WITH TACK COAT, PLACEMENT, COMPACTION, CURING, HAULING, ETC.TON 2400 120.00$ 288,000.00$ 120.00$ 288,000.00$ 180.00$ 432,000.00$ 4-B21 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 8" SOLID LF 2580 1.65$ 4,257.00$ 1.65$ 4,257.00$ 1.00$ 2,580.00$ 4-B22 THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" SOLID LF 17400 0.85$ 14,790.00$ 0.85$ 14,790.00$ 0.60$ 10,440.00$ 4-B23 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - WHITE 4" BROKEN LF 12600 0.85$ 10,710.00$ 0.85$ 10,710.00$ 0.60$ 7,560.00$ 4-B24 PAVEMENT MARKING, REFLECTORIZED THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" SOLID LF 18300 0.85$ 15,555.00$ 0.85$ 15,555.00$ 0.60$ 10,980.00$ 4-B25 , THERMOPLASTIC, TYPE I, 90 MIL THICKNESS - YELLOW 4" BROKEN LF 7260 0.85$ 6,171.00$ 0.85$ 6,171.00$ 0.60$ 4,356.00$ 4-B26 RAISED PAVEMENT MARKERS (REFLECTORIZED), TYPE IC, IIAA OR IIC-R, AS APPLICABLE EA 1500 4.40$ 6,600.00$ 4.40$ 6,600.00$ 0.60$ 900.00$ 4-B27 SPEED HUMP, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 6 330.00$ 1,980.00$ 4,640.00$ 27,840.00$ 2,750.00$ 16,500.00$ 4-B28 SPEED TABLE, MARKED WITH WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC EA 2 330.00$ 660.00$ 6,390.00$ 12,780.00$ 3,250.00$ 6,500.00$ Page 3 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-B29 PAVEMENT MARKINGS ( 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL, PREFORMED THERMOPLASTIC "STOP BAR" MARKING LINES)LF 600 13.25$ 7,950.00$ 13.00$ 7,800.00$ 12.00$ 7,200.00$ 4-B30 PAVEMENT MARKINGS (CROSSWALK MARKINGS - TOTAL LF OF 24" WIDE, WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC MARKING TAPE)LF 12300 10.00$ 123,000.00$ 2.20$ 27,060.00$ 12.00$ 147,600.00$ 4-B31 PAVEMENT MARKINGS ("ONLY" LETTERING - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 15 330.00$ 4,950.00$ 331.00$ 4,965.00$ 350.00$ 5,250.00$ 4-B32 PAVEMENT MARKINGS (TURN ARROW MARKINGS (THROUGH, TURN AND TURN AND THROUGH) - WHITE, TYPE C HEAT APPLIED, 125 MIL PREFORMED THERMOPLASTIC)EA 42 250.00$ 10,500.00$ 248.00$ 10,416.00$ 250.00$ 10,500.00$ 4,099,071.00$ 3,817,572.00$ 4,919,516.00$ 4-C1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 18 LF OF CONCRETE CURB AND GUTTER AT UP TO THREE LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 90 1,300.00$ 117,000.00$ 2,110.00$ 189,900.00$ 2,500.00$ 225,000.00$ 4-C2 REMOVAL AND REPLACEMENT OF BETWEEN 18 LF TO 36 LF OF CONCRETE CURB AND GUTTER AT UP TO TWO LOCATIONS ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.EA 45 2,400.00$ 108,000.00$ 3,430.00$ 154,350.00$ 3,000.00$ 135,000.00$ SUBTOTAL PART B - STREET IMPROVEMENTS PART C - CONCRETE ACTIVITIES Page 4 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-C3 REMOVAL AND REPLACEMENT OF OVER 36 LF OF CONCRETE CURB AND GUTTER AT A SINGLE LOCATION ON A SINGLE STREET, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 3300 66.00$ 217,800.00$ 68.00$ 224,400.00$ 50.00$ 165,000.00$ 4-C4 REMOVAL AND REPLACEMENT OF "STANDARD" 6" CONCRETE DRIVEWAYS, APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 17100 13.50$ 230,850.00$ 25.00$ 427,500.00$ 18.00$ 307,800.00$ 4-C5 REMOVAL AND REPLACEMENT OF "WASHED" 6" CONCRETE DRIVEWAY APPROACHES, ASSOCIATED SIDEWALK AND CURB ANG GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.SF 1800 17.75$ 31,950.00$ 26.00$ 46,800.00$ 25.00$ 45,000.00$ 4-C6 REMOVAL AND REPLACEMENT OF CONCRETE VALLEY GUTTER, INCLUDING, DEMO, CONCRETE SAW CUTS, DOWELING, DISPOSAL, FORMS, REBAR, CONCRETE, GEOTEXTILE, COMPACTION, CURING, HMAC SAW CUT, HMAC PATCHING, PRIME COAT, TACK COAT, FINISH, ETC.LF 420 180.00$ 75,600.00$ 230.00$ 96,600.00$ 121.00$ 50,820.00$ 781,200.00$ 1,139,550.00$ 928,620.00$ 4-D1 WASTEWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW HEIGHT ADJUSTMENT RINGS, STAINLESS STEEL INFLOW INHIBITOR, AND WITH CONCRETE COLLAR, WITH DEMO DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 2,000.00$ 84,000.00$ 2,750.00$ 115,500.00$ 1,500.00$ 63,000.00$ SUBTOTAL PART C - CONCRETE ACTIVITIES PART D - MINOR UTILITY IMPROVEMENTS Page 5 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-D2 STORMWATER MANHOLE RING & COVER ADJUSTMENT, INCLUDING NEW MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 42 1,700.00$ 71,400.00$ 2,070.00$ 86,940.00$ 1,500.00$ 63,000.00$ 4-D3 ELECTRIAL/TELECOMMUNICATIONS MANHOLE RING & COVER ADJUSTMENT, INCLUDING SALVAGING AND INSTALLING EXISTING MANHOLE RING & COVER ASSEMBLY WITH NEW CONCRETE COLLAR, INCLUDING DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING COMPACTION, FINISH,ETC.EA 9 2,100.00$ 18,900.00$ 2,050.00$ 18,450.00$ 1,750.00$ 15,750.00$ 4-D4 WATER VALVE COVER ADJUSTMENT WITH NEW CAST IRON VALVE BOX AND COVER, CONCRETE COLLAR, WITH DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, COMPACTION, FINISH, ETC.EA 21 660.00$ 13,860.00$ 1,130.00$ 23,730.00$ 1,250.00$ 26,250.00$ 4-D5 GAS VALVE COVER ADJUSTMENT, WITH NEW CAST IRON VALVE BOX AND COVER, DEMO, DISPOSAL, FORMS, REBAR, CONCRETE, CURING, COMPACTION, FINISH, ETC.EA 21 1,200.00$ 25,200.00$ 1,100.00$ 23,100.00$ 1,250.00$ 26,250.00$ 4-D6 REPLACEMENT OF CONCRETE COLLARS WITH HIGH EARLY STRENGTH CONCRETE (IN ADDITION TO UNIT PRICE) WITH ACTIVITY D1, D2, D3 & D4 ABOVE EA 90 14.50$ 1,305.00$ 11.00$ 990.00$ 50.00$ 4,500.00$ 214,665.00$ 268,710.00$ 198,750.00$ 4-E1 REMOVAL AND REPLACEMENT OF BETWEEN 0 TO 72 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO THREE LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, EA 150 1,100.00$ 165,000.00$ 1,930.00$ 289,500.00$ 2,000.00$ 300,000.00$ PART E - ADA IMPROVEMENTS SUBTOTAL PART D - MINOR UTILITY IMPR Page 6 of 7 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT STREET PREVENTATIVE MAINTENANCE PROGRAM FY 2019 PROJECT NO. 18135A - RFB #2622 BAY LTD.HAAS-ANDERSON LTD A.ORTIZ CONSTR/PAVING 1414 VALERO WAY PO BOX 7692 102 AIRPORT RD CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 4-E2 REMOVAL AND REPLACEMENT BETWEEN 72 SF TO 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO TWO LOCATIONS ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.EA 72 2,200.00$ 158,400.00$ 3,020.00$ 217,440.00$ 2,500.00$ 180,000.00$ 4-E3 REMOVAL AND REPLACEMENT OF GREATER THAN 144 SF OF ALL TYPES OF 4" THICK CONCRETE SIDEWALK INCLUDING BUT NOT LIMITED TO STANDARD SIDEWALK, APPROACHES TO RAMPS, BIKE PATHS, ETC., AT UP TO A SINGLE LOCATION ON A SINGLE STREET WITH ALL DEMO, SAW CUTS, HAULING, DISPOSAL, DOWELING, FORMS, REINFORCING STEEL, CONCRETE, COMPACTION, CURING, FINISHING, ETC.SF 10200 15.25$ 155,550.00$ 17.00$ 173,400.00$ 15.00$ 153,000.00$ 4-E4 ADA COMPLIANT CONCRETE CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 25200 24.00$ 604,800.00$ 33.00$ 831,600.00$ 20.00$ 504,000.00$ 4-E5 DEMOLITION AND REMOVAL OF ADA CURB RAMPS AND LANDINGS, ASSOCIATED SIDEWALK, HEADER CURB AND CURB AND GUTTER SF 20400 8.20$ 167,280.00$ 10.00$ 204,000.00$ 8.00$ 163,200.00$ 4-E6 NEW 4" WIDE CONCRETE HEADER CURB (0" TO 6" HIGH) FOR OFFSET ELEVATION CHANGES LF 1050 33.00$ 34,650.00$ 22.00$ 23,100.00$ 20.00$ 21,000.00$ 1,285,680.00$ 1,739,040.00$ 1,321,200.00$ 7,133,653.00$ 7,786,661.00$ 7,906,536.00$ SUBTOTAL PART E - ADA IMPROVEMENTS TOTAL BASE BID PART 4 - (A THRU E) Shaded area indicates bidder's mathmatical error, extended amounts and totals are based on bidder's unit pricing Page 7 of 7 DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. SUMMARY: The purpose of the zoning request is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 5.824 acres in size. The owner is proposing to construct single-family homes. The current zoning of “RS-TH” Townhouse District permits townhomes. However, the “RS-4.5” Single-Family 4.5 District permits the construction of single-family homes. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. The proposed single-family development is consistent with the surrounding proposed residential subdivision developments along Oso Parkway. The property was originally zoned “RS-4.5” Single-Family 4.5 District and was only recently rezoned to the “RS-TH” District in 2017. This rezoning request is to revert the zoning back to the “RS-4.5” District. Public Input Process Number of Notices Mailed 28 within 200-foot notification area 5 outside notification area As of October 2, 2019: Rezoning a property at or near 7564 Brooke Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District on October 2, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 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 appear and 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 appear and 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 being 5.824 acre tract of land situated in Lots 10, & 11, Section 26, Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas as shown in Exhibit “A” & "B" from: the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. The subject property is located at or near 7564 Brooke Road. Exhibit A, a metes and bounds description of the subject property, and Exhibit B, a map to accompany the metes and bounds, are 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 Page 2 of 6 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. 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. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, _____, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ ,______, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, ______. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 6 Exhibit A Page 5 of 6 Page 6 of 6 Exhibit B PLANNING COMMISSION FINAL REPORT Case No. 1019-05 INFOR No. 19ZN1026 Planning Commission Hearing Date: October 2, 2019 Applicant & Legal Description Owner: Southside Ventures III, L.P. Applicant: Urban Engineering - Victoria Location Address: 7564 Brooke Road Legal Description: Being a 5.824 acre tract of land situated in Lots 10, & 11, Section 26, Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Page 41 of the Map Records, Nueces County, Texas, located along the west side of Oso Parkway, south of Mansions Drive, and west of Rodd Field Road. Zoning Request From: “RS-TH” Townhouse District To: “RS-4.5” Single-Family 4.5 District Area: 5.824 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-TH” Townhouse Vacant Medium Density Residential North “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential South “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential East “RS-4.5” Single-Family 4.5 Low Density Residential Medium Density Residential West “RS-4.5” Single-Family 4.5 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 041031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 350 feet of street frontage along Oso Parkway which is designated as a “P1” Parkway Collector Street. According to the Urban Transportation Plan, “P1” Parkway Collector Streets can convey a capacity between 1,000 to 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 Oso Parkway “P1” Parkway Collector 80’ ROW 40’ paved 80’ ROW 40’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District to allow for the construction of single- family homes. Development Plan: The subject property is 5.824 acres in size. The owner is proposing for the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned “RS-TH” Townhouse District, consists of a vacant lot, and has remained since annexation in 1995. To the north, south, east, and west are platted single-family lots zoned “RS-4.5” Single- Family 4.5 District (Cayo del Oso, Section 1 & 2, 2016). AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch ductile iron line located along Oso Parkway. Wastewater: 10-inch PVC line located along Oso Parkway. Gas: 2-inch service line located along Oso Parkway. Storm Water: Road side drainage located along Oso Parkway. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-4.5” Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). 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). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The proposed single-family development is consistent with the surrounding proposed residential subdivisions developments along Oso Parkway. • The property was originally zoned “RS-4.5” Single-Family 4.5 District and was only recently rezoned to the “RS-TH” District in 2017. This rezoning request is to revert the zoning back to the “RS-4.5” District. Planning Commission and Staff Recommendation (October 2, 2019): Approval of the change of zoning from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. Public Notification Number of Notices Mailed – 28 within 200-foot notification area 5 outside notification area As of September 27, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-05 Southside Ventures III, LP (Cayo del Oso)/Council Documents/Report - Southside Ventures III, LP.docx Staff Report Page 4 City Council November 19, 2019 Zoning Case #1019-05 Southside Ventures III, LP Rezoning for a Property at 7564 Brooke Road From “RS-TH” To “RS-4.5” 2 Aerial Overview Subject Property at 7564 Brooke Road 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “RS-4.5” Single-Family 4.5 District 6 Public Notification 28 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 7 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 8 Utilities Water: 8-inch Ductile Iron Wastewater: 10-inch PVC Gas: 2-inch Service Line Storm Water: Roadside Drainage DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of nine single-family townhomes. BACKGROUND AND FINDINGS: The subject property is 0.861 acres in size and is currently zoned “RM-AT/IO” Multifamily AT District with an Island Overlay. The applicant is proposing a Planned Unit Development (PUD) which will allow a small high-density single-family housing group in the coastal style architecture. All units will be single-family residences, have an allowed square footage range of between 1,200 and 2,700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2,700+ square feet in area. The middle size 2 or 3-story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. Conformity to City Policy The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for High Density Residential and Mixed Uses. The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang/Padre Island Area Development Plan. 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. The subject property is suitable for the uses Rezoning a property at or near 14901 Granada Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 9-unit townhome development. 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 also encourage development on difficult sites. Public Input Process Number of Notices Mailed 16 within 200-foot notification area 5 outside notification area As of October 2, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 6.86% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development with conditions on October 2, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development with conditions with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and 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 appear and 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 appear and 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 as 14901 Granada Drive described as Lots 1 and 2, Block 4, Section E, Padre Island as shown in Exhibit “A”: from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM- AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development The subject property is located at or near 14901 Granada Drive. Exhibit A, which is a map of the subject property and Exhibit B which is are the Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: Page 2 of 4 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 9-unit townhome development. 2. Parking: No on-street parking other than the designated spaces shall be allowed on the private right-of-way/access easement. 3.Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4.Time Limit: This PUD shall expire in accodance with Section 3.5.9. of the UDC. 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. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, _____, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ ,______, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, ______. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: DMPI Beach Investments, LLC Plano, Texas Submitted by: IA LJA Engineering,. Inc. TBPE F-1386/TBPLS 10104001 5350 SOUTH STAPLES STREET, SUITE 425 CORPUS CHRISTI, TEXAS 78411 PHONE: 361.991.8550 WWW.LJA.COM Engineer: Victor M. Gutierrez, Jr., P.E. This Document is released under the authority of Victor M. Gutierrez, Jr., P.E., Serial No. 77761 For interim review purposes and shall not be used for Construction, bidding or building permit purposes. AUGUST 2019 DEVELOPMENT DESCRIPTION DMPI Beach Investments LLC proposes to develop the Lake Padre Village Planned Unit Development (PUD) on a vacant waterfront 0.861-acre tract of land located on Granada Drive in close proximity and west of the intersection of Granada Drive and Leeward Drive. The proposed development will consist of 9 single-family lots, 1 common area and no commercial lots . The 0.861-acre tract of land consists of all of Lots 1 & 2, Block 4, Section E, Padre Island-Corpus Christi, recorded in Volume 38, Pages 25-26 M.R.N.C.T. In general, the property (Lots 1 & 2) is currently vacant waterfront property and measures 125' x 300'. The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with the Island Overlay, which allows for higher density units and lots per acre. Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. The concept for Lake Padre Village is for a small high density single family housing group in the coastal style architecture. All units will be single family residences, have an allowed square foot range of between 1,200 and 2, 700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2, 700+ square feet in area. The middle size 2 or 3- story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. ADJOINING LAND USE AND ZONING The property to the north is a townhouse development, the properties to the west and east are vacant lots and the property to the south is a water canal. A segment of the City's Zoning Map is shown on the Zoning Map Exhibit, Sheet 1 of Planned Unit Development (PUD) Exhibits. VICINITY AND LOCATION MAP Vicinity and Location Maps are provided on the Development Location Exhibit, Sheet 2 of the PUD Exhibits. OVERALL SITE PLAN & LOT LAYOUT An Overall Site Plan Exhibit is provided on Sheet 3 of the PUD Exhibits and provides a lot layout, conceptual unit arrangement, a private street and pedestrian access. Lots 1-9 are single family residential lots. Lot 10 represents and consists of a private street, or private access drive, the common areas situated adjacent to the water canal, the sidewalk area between lots 2 & 3, the open space common area between Lots 5 & 6, and the open space common area between Lots 8 & 9. The common and open space areas will be maintained by the lot owners and the Home Owners Association proposed for this development. Page 1of3 DEVELOPMENT DEVIATIONS Development deviations for this development are as follows: 1. Sidewalks will be constructed on the south side of Granada Drive, on the East side of the private street or private access drive and between Lots 2 & 3 to access the waterfront area. 2. A one-foot ribbon curb will be constructed along the edges of the private drive instead of a City standard two foot curb and gutter. 3. Building setbacks will range from O' to 5' from the property lines. 4. The yard requirement for Granada Drive is reduced to 10 feet. 5. The lot area is reduced to a minimum of 2,000 square feet and a maximum of 4,000 square feet. 6. The lot width at the front property line is reduced to a minimum of 26 feet. 7. The right-of-way/Access Easement is reduced to a minimum of 30 feet. 8. Curb is reduced to 1 foot. VEHICULAR AND PEDESTRIAN ACCESS Vehicular access to the Lake Padre Village development will be from Granada Drive. Access to the interior lots will be via a proposed private access drive with a minimum back-of-curb to back- of-curb dimension of 30 feet. Pedestrian access will be provided by proposed 5-foot sidewalks along Granada Drive and 6-foot sidewalks along the east side of the access drive. Additionally, a 6-foot sidewalk is proposed between the two south interior lots will provide access to the waterfront common area. The vehicular and pedestrian access is shown on the Overall Site Development Plan, Page 4 of the PUD Exhibits. PARKING REQUIREMENTS & OPEN SPACE CALCULATIONS A tabular summary of the Parking Requirements and Open Space Calculations is included on the Overall Site Development Plan shown on Page 4 of the Planned Unit Development (PUD) Exhibits. Two parking spaces per lot will be provided in this development, two parking spaces will be provided for guest parking and one parking space will be provided to serve the common area. TYPICAL CROSS SECTIONS Typical Cross Sections are keyed on Page 4 of the PUD Exhibits and shown on the Section Views, Page 5 of the PUD Exhibits. DEEDS The Deeds for the Lots 1 and 2, Block 4 Section E, Padre Island-Corpus Christi are attached for reference. Page 2 of 3 MISCELLANEOUS Distance of Multifamily or Nonresidential Structures from Single Family Use Areas • DMPI Beach Investments, LLC understands UDC's Paragraph 4.2.8 C related to the distance of multifamily or nonresidential structures from single-family areas and offers no objections to structures proposed on adjacent properties that may be constructed in the future to a distance of no closer than 5 feet instead of the 1:2 distance ratio required. Page 3 of 3 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS N + 0 10000 20000 I /1------____,/ Feet UDC Zo n i ng Di s tricts Sec. 4 .3 .3 RS-6 Si ngle-Family 6 UDC Se c. Zon i ng D·istricts 4 .4 .3 RS -TH Townhou s e Multi family AT Pl/Ml/NB 1-2 Families 1-2 Families 4 .4.3 RM-AT 3+ Fam i lies UDC Sec. 4 .5 .3 4 .5 .4 Zon i ng Drs i:rict s Commercial Resort Res i dential Corn me rci a I CR -1 SITE LOCATION Zonin u,ick Reference Guide Resl!del!lda l rnstrkt:s OFOINANCE 026093 0RfWl.l\NCL' 1212 012004, 6:00 PM 1A.(, RM-AT CAoE.NUM Typ i ca l Use(s ) Mi n l ot lot W i dth Setbacks (ft.) Open Max. Density 1----..-----.---.------i S i ze (s qft.} (ft) Street Corner Sid Rear Space He ight (du/ac) Sc h oo ls, a nd Da y Ca re 6,000 50 25 4.2.10 5 5 30% 35 N/A Typ i ca l Use(S.J Townhom e s Apartm ents, S F Home ,. Chu rch e s , Sch oo ls, D a y Care Ho mes, an d Hote Is Min l o t l o t W i dth 1-S_e_t_b_a _c,...ks_...(ft_ ...... l _..--..----1 0pen Max. D'e ns it y ~i ze {s.q ft.~ {f t} Street Co rner Si d Rear Space He ight {d u /acI Section 4.4.3 .A S e ction 4.4 .3 .B 5,000 50 10 5 5 25% Sec. 18 10,000 85 15 5 4.2.8 .C 9 20 1 0 10 10% 60 CommerdaC Districts Typ i cal Use(s ) Mi n l o t l o t W i dth 1-S_e_t_b_a_ck,....s~(f_t.-'-)-,.--,.----JOpen Max. Dens ity Ap a rtments , Off i ce s, Ho t e ls, Resta u rants , Bars , a n d Reta il Size (s q fq (ft) Street Corner Sid Rear Space He ight (d u /ac) 6,000 50 20 15 10 10 25% N/A N/A N/A N/A 20 15 0 0 N/A N/A N/A Com m ercial Re s ort Not Pe rm i tted : He a vy 4 .5. 3 Resid e n ti a I Ve h i d e Repa i r, 1-6-'-10_0_0_. _____ 5_0_--1_2_0 _--1 __ 1_5_-+-1_0___,,_1_0_--+-2_5_%_--+-N_/_A_--+-_4_4_-1 4 .5.4 CR -2 Commercial Ken ne l s N/A N/A 20 15 0 0 N/A N/A N/A Printed 6(7 /18, Au g. 20 16 Unifi e d Deve lop,m e nt Co de (U DC ), K:\DevelopmentSvcs\SHARED\ZONI NG\Zo ning Di s tric t Gu id e REVISION No . DATE BY DESCRIPTI ON TH IS DOCUMENT IS REL EAS ED UN DE R LJ A PRO JE CT No .: THE AUTHOR IT Y OF : C972-21102 IA LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIE RREZ JR., P.E. TX . P.E. ---~-------t1 WA ENGINEERING 5350 Soulh_S~aples. Suite 42 5 TBPE Firm Reg. No. F-1386 ~~~~s(i~gs~9i~x5a~784 1 1 TBPLS Ftrm Reg. No. f0016600 RE G. No . 77761 ~----------------------------.. FOR INTERIM REVI EW PUR POS ES ONLY AND SHALL NOT BE USE D FOR ZONING MAP CONSTRUCTION , BIDDI NG OR PERMIT PURPOSES. DATE : Augu st 23, 2019 . DES.: DATE: VMG 8/23 /19 DRN .: SCALE : MF AS NOTED SHEET: 0 3000 6000 Feet VICINITY MAP LEGAL DESCRIPTION: LOTS 1 & 2, BLOCK 4, PADRE ISLAND CORPUS CHRISTI, SEC E. THE TWO LOTS ADD UP TO 125' IN WIDTH AND 300' IN LENGTH. IA WA ENGINEERING 53~0 Sculh.S~aples . Su~e 425 TBP£ Firm Reg. No. F-1386 ~~:J:i~s(r;:1s~9i~x;to7841 I TBPLS Fm Reg. No. 10016600 LOCATION MAP Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED REVISION No. DATE BY DESCRIPTION THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF : C972-21102 LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIERREZ JR., P.E. TX . P.E. --------- REG . No . 77761 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR DEVELOPMENT LOCATION CONSTRUCTION, BIDDING OR PERMIT PURPOSES. DATE : Augu st 23 , 2019 . DES.: DATE : VMG 8/23 /19 DRN .: SCALE: MF AS NOTED SHEET: 2 CURVE TABLE CURVE# 25' I MOORING AREA C1 C2 C3 LENGTH 15.71 6 .28 6 .28 IA RADIUS DELTA 10.00 090 .00 4 .00 090.00 4 .00 090 .00 S24°W 300' REVISION No. DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) LAKE PADRE VILLAGE DEVELOPER DPMIBEACHINVESTMENTS,LLC 2124 GENT DRIVE PLANO TEXAS, 75035 0 50 100 f-1 -----.E3-r-----+-I ----11 Feet I I 5' EASEMENT I 40' B.B. I 5' EASEMENT '° 60' R.O .W. ©COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No .: THE AUTHORITY OF : C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. l---~-------11 REG. No. 77761 DES.: DATE: UA ENGINEERING 1---------------------------i ~~~~N::~~MH:~~~::~~~:~~OR D:~G SCAL: 123119 CONSTRUCTION , BIDDING OR PERMIT MF AS NOTED PURPOSES . OVERALL MASTER SITE PLAN DATE : Augu st 23 . 2019. SHEET : 3 LEGEND c=J ~ Ir> ~' I OPEN SPACE BUILDABLE AREA 0 I I I SIDEWALK STREET PAVEMENTS & DRIVEWAY BOUNDARY LINE LOT TYPE REQUIREMENTS QUANTITY REQUIRED PARKING OF LOTS PARKING PROVIDED RESIDENTIAL 2 PER UNIT GUEST PARKING 1 PER 5 UNITS COMMON AREA 1 PER 10 ,000 SF . TOTAL OPEN SPACE CALCULATION TOTAL AREA OF PUD TOTAL NON-OPEN SPACE (IMPERVIOUS AREA) TOTAL OPEN SPACE (PERVIOUS AREA) 9 9 3 QUANTITY (SQUARE FEET) 37,500 24,796 12 ,704 18 1 1 20 QUANTITY (ACRE) .8609 .5693 .2916 THE VEHICULAR AND PEDESTRIAN ACCESS FOR THE DEVELOPMENT SHOWS THE ENTRANCE INTO THE THE DEVELOPMENT WILL PROVIDE A 30' CLEAR ENTRANCE AND EXIT FOR FIRE EMERGENCY VEHICLES. THE PRIVATE DRIVE WILL BE A MINIMUM OF 30' BACK-OF CURB TO BACK OF CURB . THE PEDESTRIAN ACCESS WILL BE A 6' SIDEWALK ON ONE SIDE OF THE ROAD WITH ADA RAMPS TO PROMOTE WALKABILITY ACCESS TO AMENITIES ON THE SITE . VEHICULAR ACCESS ONTO BLOCK 1, LOTS 1-9 ARE FROM GRANADA DRIVE . 18 2 21 D/o 100 % 66 .12% 33.88% .ct 50 100 I I Feet ©COPYRIGHT 2019 ALL RIGHTS RESERVED IA WA ENGINEERING 5350 Sou th_S~ap1es . Su~e 425 TBPE Arm Reg. No. F-1386 ~::o~~s(~:ns~g;~x;5s0784 1 1 TBPLSFirmReg. No 10016600 REVISION No . DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) THIS DOCUMENT IS RELEASED UNDER THE AUTHORITY OF : VICTOR M. GUTIERREZ JR., P.E. TX . P.E. REG . No . 77761 ____________________________ ....,. FOR INTERIM REVIEW PURPOSES OVERALL SITE DEVELOPMENT PLAN ONLY AND SHALL NOT BE USED FOR CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE: Au gust 23. 2019 . LJA PROJECT No .: C972-21102 DES .: DATE: VMG 8/23 /19 DRN.: SCALE: MF AS NOTED SHEET: 4 I i I IA .5' HEADER CURB 30' R.O.W. 300' 66' PL. .5' HEADER CURB A-A SECTION F 40' PL. t+-I 5' UE . I 125' ,r 47' R.O.W. 6' SIDEWALK 40' B.B . B-B SECTION 125' 3B'PL. =t I I/IL 5' UE . ----,. 1 I I F 31'PL I 36' R.O.W. 58' PL. t j,__ I 5' UE . I I I I I Hl JB SIDEWALK .5' 29' .5' 6' tj l HEADER CURB PAVEMENT HEADER CURB C-C SECTION REVISION No . DATE BY DESCRIPTION 5' UE . -+t I I I I 0 I LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) 26' PL . r-36' PL. 1 36' PL =t I 10' t 1B.L. GENERAL NOTES: 1. THE PROPOSED MAXIMUM HEIGHT OF ANY STRUCTURE IN THIS DEVELOPMENT IS 45 FEET. 2. ALL RESIDENCE SHALL HAVE A MINIMUM OF TWO PARKING SPACES. I 3. WINDOWS WILL NOT BE PERMITTED ON ANY EXTERIOR WALL SITUATED ON A ZERO-LOT LINE , UNLESS IT IS ADJACENT TO A COMMON AREA WITH AT LEAST 20 FEET OF OPEN SPACE IN WIDTH. 40 80 ,__I ------<I Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF · C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. ---,-------ii REG. No . 77761 DES .: DATE : WA ENGINEERING 5350 South. S~aples . Suite 425 TBPE FlfTTI Reg. No_ F-1386 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR VMG 8/23 /19 ORN.: SCALE : ~~~~5(f6h~)5~g f~1s"5s0784 1 1 TBPLS Flfm Reg. Na 100 16600 SECTION VIEWS CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE : August 23 . 2019 . MF AS NOTED SHEET: 5 PLANNING COMMISSION FINAL REPORT Case No. 1019-02 INFOR No. 19ZN1025 Planning Commission Hearing Date: October 2, 2019 Applicant & Legal Description Owner: DMPI Beach Investments, LLC. Applicant/Representative: DMPI Beach Investments, LLC. Location Address: 14901 Granada Drive Legal Description: Lots 1 and 2, Block 4, Section E, Padre Island, located along the south side of Granada Drive and west of Leeward 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 with a Planned Unit Development Area: 0.861 acres Purpose of Request: To allow for the construction of a 9-unit townhome development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-AT/IO” Multifamily AT with an Island Overlay Vacant High Density Residential and Mixed Use North “RM-AT/IO” Multifamily AT with an Island Overlay Medium Density Residential High Density Residential and Mixed Use South “RM-AT/IO” Multifamily AT with an Island Overlay Water Water East “RM-AT/IO” Multifamily AT with an Island Overlay Vacant Mixed Use West “RM-AT/IO” Multifamily AT with an Island Overlay Vacant High Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for High Density Residential and Mixed Uses. The proposed rezoning to the “RM- AT/IO/PUD” Multifamily AT District with an Island Overlay and with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang/Padre Island Area Development Plan. Map No. 045043 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 125 feet of street frontage along Granada Drive which is designated as Local/Residential Street. According to the Urban Transportation Plan, Local/Residential Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Granada Drive Local/Residential 50’ ROW 28’ paved 60’ ROW 37’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development to allow for the construction of a 9-unit townhome development. Development Plan: The proposed development will consist of 9 single-family lots, 1 common area and no commercial lots. The 0.861-acre tract of land consists of all of Lots 1 & 2, Block 4, Section E, Padre Island-Corpus Christi, recorded in Volume 38, Pages 25-26 M.R.N.C.T. In general, the property (Lots 1 & 2) is currently vacant waterfront property and measures 125' x 300'. The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with the Island Overlay, which allows for higher density units and lots per acre. Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. The concept for Lake Padre Village is for a small high density single family housing group in the coastal style architecture. All units will be single family residences, have an allowed square footage range of between 1,200 and 2,700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2,700+ square feet in area. The middle size 2 or 3-story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the “RM-AT” Multifamily AT District and the proposed Planned Unit Development (PUD) and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions “RM-AT” District Standards Proposed PUD Deviation Maximum Density 18 Units per Acre 9 Units per Acre No Minimum Open Space 25% 45% No Minimum Lot Width 50 ft. 26 ft. Yes Minimum Lot Area 5,000 square feet 2,000 square feet Yes Minimum Front Setback 20 ft. 10 ft. Yes Staff Report Page 3 Minimum Street Corner 10 ft. 10 ft. No Minimum Side Yard 10 ft. 0 ft. Yes Minimum Rear Yard 5 ft. 0 ft. Yes Sidewalks 5 ft. both sides 5 ft. only on one side (south side) Yes ROW Width 50 ft. 30 ft. Yes Paved Street Width 28 ft. 27 ft. Yes Curb Type 2 ft. curb & gutter 1 ft. curb & gutter Yes Parking Requirement 2 spaces per unit 2 spaces per unit No Existing Land Uses & Zoning: The subject property is currently zoned “RM-AT” Multifamily AT District with the Island Overlay and is vacant land. To the north are properties zoned “RM-AT” Multifamily AT District with the Island Overlay and consist of single-family townhouse developments. To the south is a canal. Across the canal are properties zoned “RM-AT” Multifamily AT District with the Island Overlay and consist of vacant properties. To the east and west are properties zoned “RM-AT” Multifamily AT District with the Island Overlay and consist of vacant properties. 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: 8-inch ACP line located along Granada Drive. Wastewater: 12-inch VCP line located along Granada Drive. Gas: 2-inch Service Line located along Granada Drive. Storm Water: Drainage to rear canal. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan (ADP). The proposed rezoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overland and a Planned Unit Development is consistent with the adopted Comprehensive Plan (Plan CC). The following policies of Plan CC should be considered: • 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 orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Staff Report Page 4 Department Comments: • The proposed rezoning is compatible with the adopted Comprehensive Plan (Plan CC). 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. • The subject property is suitable for the uses proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 9-unit townhome development. • 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 also encourage development on difficult sites. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable with the addition of a comment to prohibit on-street parking other than the designates spaces. Planning Commission and Staff Recommendation (October 2, 2019): Approval of the change of zoning from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 9-unit townhome development. 2. Parking: No on-street parking other than the designated spaces shall be allowed on the private right-of-way/access easement. 3. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification Number of Notices Mailed – 59 within 200-foot notification area 5 outside notification area As of September 27, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 2 inside notification area – 0 outside notification area Totaling 6.86% of the land within the 200-foot notification area in opposition. Staff Report Page 5 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Public Comments Received (if any) 3. Planned Unit Development (PUD) Guidelines and Master Site Plan https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-02 DMPI Beach Investments PUD (RM-AT)/Council Documents/Report - DMPI Beach Investments PUD.docx Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 DMPI Beach Investments, LLC LAKE PADRE VILLAGE REZONING PROPOSED DEVIATIONS Multifamily Zoning Multifamily Zoning Districts RM-AT RM-AT PUD Max.Density (units/acre) 18 9 Min. Open Space (% site area) 25% 45% Lot Width (ft.) 50’ 26’ Min. Building Separation (ft.) 10’ 3’* Min. Lot Area (sq. ft.) 5,000 SF 2,060 SF min 3,745 SF min ** 4,166 SF Average** Min. Yards (ft.) Street 20’ 10’*** Street(corner) 10’ 10’*** Side (1 fam & 2 fam) 5’ 0’-5’ # Max. Height (ft.) Comply to Section 4.2.8.C. Section 4.2.8.C. NA Max. Height (ft.) Comply to Section 4.2.8.C. Section 7.9.5.A NA * Any building closer than 10’ to another building will have fire wall. A sprinkler system will be installed, as required, to meet the IRC requirements. ** Includes common area associated with lot area. ***There is a 10’ Street Yard for lots adjacent to Granada only. Internal street yard setbacks are to be determined during the design phase and will vary from 3’ to no more than 10’ from the right-of-way line. # Some zero lot line lots are planned in the Lake Padre Village development. (UDC 4.2.11 Water Oriented Subdivision.) Parking Requirements Lot Type Requirement Per UDC Quantity of Units Quantity of Parking Per UDC Quantity of Parking Provided 4.3 RM-AT 2+ Bedroom 2 9 18 18 Guest Parking 1 per 5 Units 9 2 2 Common Area 1 Per 1 1 1 21 Total LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: DMPI Beach Investments, LLC Plano, Texas Submitted by: IA LJA Engineering,. Inc. TBPE F-1386/TBPLS 10104001 5350 SOUTH STAPLES STREET, SUITE 425 CORPUS CHRISTI, TEXAS 78411 PHONE: 361.991.8550 WWW.LJA.COM Engineer: Victor M. Gutierrez, Jr., P.E. This Document is released under the authority of Victor M. Gutierrez, Jr., P.E., Serial No. 77761 For interim review purposes and shall not be used for Construction, bidding or building permit purposes. AUGUST 2019 DEVELOPMENT DESCRIPTION DMPI Beach Investments LLC proposes to develop the Lake Padre Village Planned Unit Development (PUD) on a vacant waterfront 0.861-acre tract of land located on Granada Drive in close proximity and west of the intersection of Granada Drive and Leeward Drive. The proposed development will consist of 9 single-family lots, 1 common area and no commercial lots . The 0.861-acre tract of land consists of all of Lots 1 & 2, Block 4, Section E, Padre Island-Corpus Christi, recorded in Volume 38, Pages 25-26 M.R.N.C.T. In general, the property (Lots 1 & 2) is currently vacant waterfront property and measures 125' x 300'. The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with the Island Overlay, which allows for higher density units and lots per acre. Some units will be constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the International Residential Code and other fire protection improvements will be constructed as required by the City. The concept for Lake Padre Village is for a small high density single family housing group in the coastal style architecture. All units will be single family residences, have an allowed square foot range of between 1,200 and 2, 700 square feet, and will be situated on residential lots ranging in area between 2,060 to 2,650 square feet. The larger 3-story units will be built on the canal side lots and have a range of between 2,200 to 2, 700+ square feet in area. The middle size 2 or 3- story units will be built in the central portion of the development and have a range of between 1,600 to 2,200 square feet in area. The smaller size 2-story units will be built on the lots adjacent to Granada Drive and have a range of between 1,100 to 1,600 square feet of space. The maximum density of this development will not exceed 10 units per acre. ADJOINING LAND USE AND ZONING The property to the north is a townhouse development, the properties to the west and east are vacant lots and the property to the south is a water canal. A segment of the City's Zoning Map is shown on the Zoning Map Exhibit, Sheet 1 of Planned Unit Development (PUD) Exhibits. VICINITY AND LOCATION MAP Vicinity and Location Maps are provided on the Development Location Exhibit, Sheet 2 of the PUD Exhibits. OVERALL SITE PLAN & LOT LAYOUT An Overall Site Plan Exhibit is provided on Sheet 3 of the PUD Exhibits and provides a lot layout, conceptual unit arrangement, a private street and pedestrian access. Lots 1-9 are single family residential lots. Lot 10 represents and consists of a private street, or private access drive, the common areas situated adjacent to the water canal, the sidewalk area between lots 2 & 3, the open space common area between Lots 5 & 6, and the open space common area between Lots 8 & 9. The common and open space areas will be maintained by the lot owners and the Home Owners Association proposed for this development. Page 1of3 DEVELOPMENT DEVIATIONS Development deviations for this development are as follows: 1. Sidewalks will be constructed on the south side of Granada Drive, on the East side of the private street or private access drive and between Lots 2 & 3 to access the waterfront area. 2. A one-foot ribbon curb will be constructed along the edges of the private drive instead of a City standard two foot curb and gutter. 3. Building setbacks will range from O' to 5' from the property lines. 4. The yard requirement for Granada Drive is reduced to 10 feet. 5. The lot area is reduced to a minimum of 2,000 square feet and a maximum of 4,000 square feet. 6. The lot width at the front property line is reduced to a minimum of 26 feet. 7. The right-of-way/Access Easement is reduced to a minimum of 30 feet. 8. Curb is reduced to 1 foot. VEHICULAR AND PEDESTRIAN ACCESS Vehicular access to the Lake Padre Village development will be from Granada Drive. Access to the interior lots will be via a proposed private access drive with a minimum back-of-curb to back- of-curb dimension of 30 feet. Pedestrian access will be provided by proposed 5-foot sidewalks along Granada Drive and 6-foot sidewalks along the east side of the access drive. Additionally, a 6-foot sidewalk is proposed between the two south interior lots will provide access to the waterfront common area. The vehicular and pedestrian access is shown on the Overall Site Development Plan, Page 4 of the PUD Exhibits. PARKING REQUIREMENTS & OPEN SPACE CALCULATIONS A tabular summary of the Parking Requirements and Open Space Calculations is included on the Overall Site Development Plan shown on Page 4 of the Planned Unit Development (PUD) Exhibits. Two parking spaces per lot will be provided in this development, two parking spaces will be provided for guest parking and one parking space will be provided to serve the common area. TYPICAL CROSS SECTIONS Typical Cross Sections are keyed on Page 4 of the PUD Exhibits and shown on the Section Views, Page 5 of the PUD Exhibits. DEEDS The Deeds for the Lots 1 and 2, Block 4 Section E, Padre Island-Corpus Christi are attached for reference. Page 2 of 3 MISCELLANEOUS Distance of Multifamily or Nonresidential Structures from Single Family Use Areas • DMPI Beach Investments, LLC understands UDC's Paragraph 4.2.8 C related to the distance of multifamily or nonresidential structures from single-family areas and offers no objections to structures proposed on adjacent properties that may be constructed in the future to a distance of no closer than 5 feet instead of the 1:2 distance ratio required. Page 3 of 3 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS N + 0 10000 20000 I /1------____,/ Feet UDC Zo n i ng Di s tricts Sec. 4 .3 .3 RS-6 Si ngle-Family 6 UDC Se c. Zon i ng D·istricts 4 .4 .3 RS -TH Townhou s e Multi family AT Pl/Ml/NB 1-2 Families 1-2 Families 4 .4.3 RM-AT 3+ Fam i lies UDC Sec. 4 .5 .3 4 .5 .4 Zon i ng Drs i:rict s Commercial Resort Res i dential Corn me rci a I CR -1 SITE LOCATION Zonin u,ick Reference Guide Resl!del!lda l rnstrkt:s OFOINANCE 026093 0RfWl.l\NCL' 1212 012004, 6:00 PM 1A.(, RM-AT CAoE.NUM Typ i ca l Use(s ) Mi n l ot lot W i dth Setbacks (ft.) Open Max. Density 1----..-----.---.------i S i ze (s qft.} (ft) Street Corner Sid Rear Space He ight (du/ac) Sc h oo ls, a nd Da y Ca re 6,000 50 25 4.2.10 5 5 30% 35 N/A Typ i ca l Use(S.J Townhom e s Apartm ents, S F Home ,. Chu rch e s , Sch oo ls, D a y Care Ho mes, an d Hote Is Min l o t l o t W i dth 1-S_e_t_b_a _c,...ks_...(ft_ ...... l _..--..----1 0pen Max. D'e ns it y ~i ze {s.q ft.~ {f t} Street Co rner Si d Rear Space He ight {d u /acI Section 4.4.3 .A S e ction 4.4 .3 .B 5,000 50 10 5 5 25% Sec. 18 10,000 85 15 5 4.2.8 .C 9 20 1 0 10 10% 60 CommerdaC Districts Typ i cal Use(s ) Mi n l o t l o t W i dth 1-S_e_t_b_a_ck,....s~(f_t.-'-)-,.--,.----JOpen Max. Dens ity Ap a rtments , Off i ce s, Ho t e ls, Resta u rants , Bars , a n d Reta il Size (s q fq (ft) Street Corner Sid Rear Space He ight (d u /ac) 6,000 50 20 15 10 10 25% N/A N/A N/A N/A 20 15 0 0 N/A N/A N/A Com m ercial Re s ort Not Pe rm i tted : He a vy 4 .5. 3 Resid e n ti a I Ve h i d e Repa i r, 1-6-'-10_0_0_. _____ 5_0_--1_2_0 _--1 __ 1_5_-+-1_0___,,_1_0_--+-2_5_%_--+-N_/_A_--+-_4_4_-1 4 .5.4 CR -2 Commercial Ken ne l s N/A N/A 20 15 0 0 N/A N/A N/A Printed 6(7 /18, Au g. 20 16 Unifi e d Deve lop,m e nt Co de (U DC ), K:\DevelopmentSvcs\SHARED\ZONI NG\Zo ning Di s tric t Gu id e REVISION No . DATE BY DESCRIPTI ON TH IS DOCUMENT IS REL EAS ED UN DE R LJ A PRO JE CT No .: THE AUTHOR IT Y OF : C972-21102 IA LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIE RREZ JR., P.E. TX . P.E. ---~-------t1 WA ENGINEERING 5350 Soulh_S~aples. Suite 42 5 TBPE Firm Reg. No. F-1386 ~~~~s(i~gs~9i~x5a~784 1 1 TBPLS Ftrm Reg. No. f0016600 RE G. No . 77761 ~----------------------------.. FOR INTERIM REVI EW PUR POS ES ONLY AND SHALL NOT BE USE D FOR ZONING MAP CONSTRUCTION , BIDDI NG OR PERMIT PURPOSES. DATE : Augu st 23, 2019 . DES.: DATE: VMG 8/23 /19 DRN .: SCALE : MF AS NOTED SHEET: 0 3000 6000 Feet VICINITY MAP LEGAL DESCRIPTION: LOTS 1 & 2, BLOCK 4, PADRE ISLAND CORPUS CHRISTI, SEC E. THE TWO LOTS ADD UP TO 125' IN WIDTH AND 300' IN LENGTH. IA WA ENGINEERING 53~0 Sculh.S~aples . Su~e 425 TBP£ Firm Reg. No. F-1386 ~~:J:i~s(r;:1s~9i~x;to7841 I TBPLS Fm Reg. No. 10016600 LOCATION MAP Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED REVISION No. DATE BY DESCRIPTION THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF : C972-21102 LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) VICTOR M. GUTIERREZ JR., P.E. TX . P.E. --------- REG . No . 77761 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR DEVELOPMENT LOCATION CONSTRUCTION, BIDDING OR PERMIT PURPOSES. DATE : Augu st 23 , 2019 . DES.: DATE : VMG 8/23 /19 DRN .: SCALE: MF AS NOTED SHEET: 2 CURVE TABLE CURVE# 25' I MOORING AREA C1 C2 C3 LENGTH 15.71 6 .28 6 .28 IA RADIUS DELTA 10.00 090 .00 4 .00 090.00 4 .00 090 .00 S24°W 300' REVISION No. DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) LAKE PADRE VILLAGE DEVELOPER DPMIBEACHINVESTMENTS,LLC 2124 GENT DRIVE PLANO TEXAS, 75035 0 50 100 f-1 -----.E3-r-----+-I ----11 Feet I I 5' EASEMENT I 40' B.B. I 5' EASEMENT '° 60' R.O .W. ©COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No .: THE AUTHORITY OF : C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. l---~-------11 REG. No. 77761 DES.: DATE: UA ENGINEERING 1---------------------------i ~~~~N::~~MH:~~~::~~~:~~OR D:~G SCAL: 123119 CONSTRUCTION , BIDDING OR PERMIT MF AS NOTED PURPOSES . OVERALL MASTER SITE PLAN DATE : Augu st 23 . 2019. SHEET : 3 LEGEND c=J ~ Ir> ~' I OPEN SPACE BUILDABLE AREA 0 I I I SIDEWALK STREET PAVEMENTS & DRIVEWAY BOUNDARY LINE LOT TYPE REQUIREMENTS QUANTITY REQUIRED PARKING OF LOTS PARKING PROVIDED RESIDENTIAL 2 PER UNIT GUEST PARKING 1 PER 5 UNITS COMMON AREA 1 PER 10 ,000 SF . TOTAL OPEN SPACE CALCULATION TOTAL AREA OF PUD TOTAL NON-OPEN SPACE (IMPERVIOUS AREA) TOTAL OPEN SPACE (PERVIOUS AREA) 9 9 3 QUANTITY (SQUARE FEET) 37,500 24,796 12 ,704 18 1 1 20 QUANTITY (ACRE) .8609 .5693 .2916 THE VEHICULAR AND PEDESTRIAN ACCESS FOR THE DEVELOPMENT SHOWS THE ENTRANCE INTO THE THE DEVELOPMENT WILL PROVIDE A 30' CLEAR ENTRANCE AND EXIT FOR FIRE EMERGENCY VEHICLES. THE PRIVATE DRIVE WILL BE A MINIMUM OF 30' BACK-OF CURB TO BACK OF CURB . THE PEDESTRIAN ACCESS WILL BE A 6' SIDEWALK ON ONE SIDE OF THE ROAD WITH ADA RAMPS TO PROMOTE WALKABILITY ACCESS TO AMENITIES ON THE SITE . VEHICULAR ACCESS ONTO BLOCK 1, LOTS 1-9 ARE FROM GRANADA DRIVE . 18 2 21 D/o 100 % 66 .12% 33.88% .ct 50 100 I I Feet ©COPYRIGHT 2019 ALL RIGHTS RESERVED IA WA ENGINEERING 5350 Sou th_S~ap1es . Su~e 425 TBPE Arm Reg. No. F-1386 ~::o~~s(~:ns~g;~x;5s0784 1 1 TBPLSFirmReg. No 10016600 REVISION No . DATE BY DESCRIPTION LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) THIS DOCUMENT IS RELEASED UNDER THE AUTHORITY OF : VICTOR M. GUTIERREZ JR., P.E. TX . P.E. REG . No . 77761 ____________________________ ....,. FOR INTERIM REVIEW PURPOSES OVERALL SITE DEVELOPMENT PLAN ONLY AND SHALL NOT BE USED FOR CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE: Au gust 23. 2019 . LJA PROJECT No .: C972-21102 DES .: DATE: VMG 8/23 /19 DRN.: SCALE: MF AS NOTED SHEET: 4 I i I IA .5' HEADER CURB 30' R.O.W. 300' 66' PL. .5' HEADER CURB A-A SECTION F 40' PL. t+-I 5' UE . I 125' ,r 47' R.O.W. 6' SIDEWALK 40' B.B . B-B SECTION 125' 3B'PL. =t I I/IL 5' UE . ----,. 1 I I F 31'PL I 36' R.O.W. 58' PL. t j,__ I 5' UE . I I I I I Hl JB SIDEWALK .5' 29' .5' 6' tj l HEADER CURB PAVEMENT HEADER CURB C-C SECTION REVISION No . DATE BY DESCRIPTION 5' UE . -+t I I I I 0 I LAKE PADRE VILLAGE PLANNED UNIT DEVELOPMENT (PUD) 26' PL . r-36' PL. 1 36' PL =t I 10' t 1B.L. GENERAL NOTES: 1. THE PROPOSED MAXIMUM HEIGHT OF ANY STRUCTURE IN THIS DEVELOPMENT IS 45 FEET. 2. ALL RESIDENCE SHALL HAVE A MINIMUM OF TWO PARKING SPACES. I 3. WINDOWS WILL NOT BE PERMITTED ON ANY EXTERIOR WALL SITUATED ON A ZERO-LOT LINE , UNLESS IT IS ADJACENT TO A COMMON AREA WITH AT LEAST 20 FEET OF OPEN SPACE IN WIDTH. 40 80 ,__I ------<I Feet © COPYRIGHT 2019 ALL RIGHTS RESERVED THIS DOCUMENT IS RELEASED UNDER LJA PROJECT No.: THE AUTHORITY OF · C972-21102 VICTOR M. GUTIERREZ JR ., P.E. TX . P.E. ---,-------ii REG. No . 77761 DES .: DATE : WA ENGINEERING 5350 South. S~aples . Suite 425 TBPE FlfTTI Reg. No_ F-1386 .... ------------------------------41 FOR INTERIM REVIEW PURPOSES ONLY AND SHALL NOT BE USED FOR VMG 8/23 /19 ORN.: SCALE : ~~~~5(f6h~)5~g f~1s"5s0784 1 1 TBPLS Flfm Reg. Na 100 16600 SECTION VIEWS CONSTRUCTION , BIDDING OR PERMIT PURPOSES. DATE : August 23 . 2019 . MF AS NOTED SHEET: 5 City Council November 19, 2019 Zoning Case #1019-02 DMPI Beach Investments, LLC. Rezoning for a Property at 14901 Granada Drive From “RM-AT/IO” To “RM-AT/IO/PUD” 2 Aerial Overview Subject Property at 14836 Granada Drive 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Deviation Table Minimum Dimensions “RM-AT” District Standards Proposed PUD Deviation Maximum Density 18 Units per Acre 9 Units per Acre No Minimum Open Space 25%45%No Minimum Lot Width 50 ft.26 ft.Yes Minimum Lot Area 5,000 square feet 2,000 square feet Yes Minimum Front Setback 20 ft. 10 ft.Yes Minimum Street Corner 10 ft.10 ft.No Minimum Side Yard 10 ft.0 ft.Yes Minimum Rear Yard 5 ft.0 ft.Yes Sidewalks 5 ft. both sides 5 ft. only on one side (south side)Yes ROW Width 50 ft.30 ft.Yes Paved Street Width 28 ft.27 ft.Yes Curb Type 2 ft. curb & gutter 1 ft. curb & gutter Yes Parking Requirement 2 spaces per unit 2 spaces per unit No 6 Master Site Plan 7 Planning Commission and Staff Recommendation Approval of the change of zoning to the “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and with a Planned Unit Development 8 PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Lake Padre Village Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 9-unit townhome development. 2. Parking: No on-street parking other than the designated spaces shall be allowed on the private right-of-way/access easement. 3. Other Requirements:The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). 9 Public Notification 59 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 2 (6.86%) In Favor: 0 X X 10 UDC Requirements Buffer Yards: N/A Setbacks: As per PUD Parking: 2 spaces per unit Uses Allowed: Single-Family Residential, Multifamily, Cottages, Day Care, and Overnight Accommodations 11 Utilities Water: 8-inch ACP Wastewater: 12-inch VCP Gas: 2-inch Service Line Storm Water: Canal to rear DATE:October 5, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family home. BACKGROUND AND FINDINGS: The subject property is 0.291 acres in size and is currently zoned “RMH” Manufactured Home District. The applicant is requesting the “RS-6” Single-Family 6 District in order to construct a 1,480 square foot single-family home. The construction project is funded through a grant from the Texas General Land Office (GLO) as part of recovery efforts to rebuild properties that were significantly damaged by Hurricane Harvey. The proposed home will be elevated to eight feet to meet all building and FEMA code requirements. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the “RS-6” Single- Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. While the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map, the proposed single-family home is a use-for-use replacement and does not increase density within the existing neighborhood. Public Input Process Number of Notices Mailed 16 within 200-foot notification area 5 outside notification area Rezoning a property at or near 3837 Herring Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 As of October 1, 2019: In Favor 2 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District on September 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 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 appear and 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 appear and 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 being Lot 17, Block 1, Holliday Harbor as shown in Exhibit “A” from: the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. The subject property is located at or near 3837 Herring Drive. 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. Page 2 of 4 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. 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 ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 0819-05 INFOR No. 19ZN1023 Planning Commission Hearing Date: September 18, 2019 Applicant & Legal Description Owner: Tammy Johnson Applicant: Brizo Construction Location Address: 3837 Herring Drive Legal Description: Lot 17, Block 1, Holliday Harbor, located along the east side of Herring Drive, south of Yorktown Boulevard, and west of Laguna Shores Road). Zoning Request From: “RMH” Manufactured Home District To: “RS-6” Single-Family 6 District Area: 0.291 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RMH” Manufactured Home Low Density Residential Medium Density Residential North “RMH” Manufactured Home Low Density Residential Medium Density Residential South “RMH” Manufactured Home Low Density Residential Medium Density Residential East “RV” Recreational Vehicle Low Density Residential Medium Density Residential West “RMH” Manufactured Home and “RS-6” Single- Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-6” Single- Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 036027 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 60 feet of street frontage along Herring Drive which is designated as a Local/Residential Street. According to the Urban Transportation Plan, Local/Residential Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Herring Drive Local/Residential 50’ ROW 28’ paved 50’ ROW 20’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District to allow for the construction of a single-family home. Development Plan: The subject property is 0.291 acres in size. The applicant is proposing a 1,480 square foot single-family home. The construction project is funded through a grant from the Texas General Land Office as part of recover efforts to rebuild properties that were significantly damaged by Hurricane Harvey. The proposed home will be elevated to eight feet to meet all building and FEMA code requirements. Existing Land Uses & Zoning: The subject property is currently zoned “RMH” Manufactured Home District, consists of an existing manufactured home, and has remained relatively unchanged since annexation in 1961. To the north and south are properties also zoned “RMH” Manufactured Home District and consist of other individual lots with manufactured homes. Holiday Harbor subdivision was platted in 1961. To the south are single-family homed zoned “RS-6” Single-Family 6 District. To the east is the Laguna Shore Village RV Park and is zoned “RV” Recreational Vehicle District. To the west are properties also zoned “RMH” Manufactured Home District and consist of other individual lots with manufactured homes. One property within the manufactured home subdivision was rezoned to “RS-6” Single-Family 6 District in 1994 to allow for the construction of a single-family home. AICUZ: The subject property is located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ): Accident Potential Zone 2 (APZ-2). Plat Status: The property is platted. Utilities: Water: 6-inch C900 line located along Herring Drive. Wastewater: 8-inch VCP line located along Herring Drive. Gas: 2-inch Service Line located along Herring Drive. Storm Water: Road side drainage located along Herring Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Medium Density Residential uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • 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). • Adopt appropriate regulations consistent with the recommendations of the Joint Land Use Study. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is 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. • While the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map, the proposed single-family home is a use-for-use replacement and does not increase density within the existing neighborhood. Staff Recommendation and Staff Recommendation (September 18, 2019): Approval of the change of zoning from the “RMH” Manufactured Home District to the “RS-6” Single-Family 6 District. Public Notification Number of Notices Mailed – 16 within 200-foot notification area 5 outside notification area As of September 13, 2019: In Favor – 2 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/0819-05 Tammy Johnson (Brizo Construction)/Council Documents/Report - Tammy Johnson.docx Staff Report Page 4 Staff Report Page 5 Staff Report Page 6 City Council November 19, 2019 Zoning Case #0819-05 Tammy Johnson (Brizo Construction) Rezoning for a Property at 3837 Herring Drive From “RMH” To “RS-6” 2 Aerial Overview Subject Property at 3837 Herring Drive 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “RS-6” Single-Family 6 District 6 Public Notification 16 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 2 O O 7 UDC Requirements Buffer Yards: Type A: 5 points Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 8 Utilities Water: 6-inch C900 Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: Road Side 9 AICUZ DATE:November 12, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. SUMMARY: The Coastal Bend Wellness Foundation has received a grant from the State of Texas, Office of the Governor, Public Safety Office, Criminal Justice Division in the amount of $22,892.91 to fund overtime, fringe benefits, and surveillance equipment for the Police Department to work with the Red Cord Initiative Diversion Program. The City is considered a subgrantee. BACKGROUND AND FINDINGS: The Corpus Christi Police Department will work with the Coastal Bend Wellness Foundation to provide overtime services to conduct law enforcement activities to prevent, control, or reduce prostitution crimes during the grant period of October 1, 2019 to September 30, 2020. The Police Department will provide the following services: Assign personnel trained and specialized in targeting investigations and prosecutions of prostitution crimes. Coordinate and schedule operations in high risk areas to target individuals who are eligible for the diversion program. Participate in and support performance measures and the evaluation plan to meet contractual obligations. Identify a point of contact to serve on the Red Cord Initiative Multi-Disciplinary Care Team and attend coordinating group planning meetings as appropriate. The Red Cord Initiative is a community-based pretrial prostitution diversion program dedicated to providing practical, emotional, and social support for those involved in sex work through mobilization and engagement of community partnerships. The program includes case management, law enforcement, prosecution, and behavioral health services including substance abuse treatment in Nueces County for eligible individuals. The Red Cord Initiative Acceptance of grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 believes in a community-based, comprehensive, and holistic approach with the goals of reducing the harm an individual has caused to themselves, as well as the harm that the individual is causing the surrounding community. The Red Cord Initiative focus is to improve public safety and public order in the Corpus Christi and Nueces County neighborhoods and reduce justice system involvement of people who successfully complete the program. The Police Department will run two operations, each to run for seven hours, for an overtime cost of $15,040.76, fringe benefits of $4,852.15, and undercover and surveillance camera/recording equipment of $3,000 for a total grant amount of $22,892.91. ALTERNATIVES: The alternative of not accepting the funds will cause the program not to be implemented. FISCAL IMPACT: Appropriating $22,892.91 from the Coastal Bend Wellness Foundation grant into the FY 2020 Police General Fund budget. The Police General Fund will provide no cash match. Funding Detail: Fund:1020 Organization/Activity: Police General fund Mission Element:152 Project # (CIP Only): Account:510200 11730 $15,040.76 511000 11730 $ 4,852.15 520090 11730 $ 3,000.00 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute all documents necessary to accept funds from the Coastal Bend Wellness Foundation (CBWF) in the amount of $22,892.91 to support the CBWF’s Red Cord Initiative by providing law enforcement and investigative services. Section 2. That $22,892.91 is appropriated in the No. 1020 Police General Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:December 10, 2019 TO:Mayor and City Council FROM:Rebecca Huerta, City Secretary RebeccaH@cctexas.com 361-826-3105 CAPTION: Ordinance eliminating the following City committees: (1) Advisory Committee on Community Pride; (2) City Council’s Youth Advisory Committee; (3) Clean City Advisory Committee; (4) Community Youth Development Steering Committee; (5) Food Service Advisory Committee; (6) Leadership Committee for Senior Services; (7) Mayor’s Fitness Council; (8) Corpus Christi Museum of Science and History Advisory Board; (9) Oil and Gas Advisory Committee; (10) Parking Advisory Committee; (11) Pipeline Review Panel; (12) Mobility Planning Subcommittee; (13) Tree Advisory Committee; (14) Water Resources Advisory Committee; and (15) to merge the Retired and Senior Volunteer Program Advisory Committee with Senior Companion Advisory to create new Senior Corps Committee; and (16) to revise membership of the Corpus Christi Commission on Children & Youth; and (17) to revise membership of the Sister City Committee; modifying some committee assignments by merging some committees or moving some committee assignments to other committees or city staff; and amending various sections of the City Code to make aforesaid changes; and providing an effective date of December 31, 2019. SUMMARY: This ordinance amends various sections of the City Code by eliminating, modifying, and merging advisory committees, or moving assignments to other committees or city staff. BACKGROUND AND FINDINGS: In the summer of 2019, the Mayor and City Council requested City staff initiate a review of the City’s Advisory Boards and Committees to evaluate the effectiveness of all 28 boards and committees. After a comprehensive evaluation of all boards and committees, it was determined that the City does not have a formal process that eliminates, revises, modifies, and merges advisory boards and committees. The review was divided into two phases. The first phase was to gauge the efficiency and effectiveness of the Advisory Boards and Committees; make recommendations on elimination, continuation, and/or reorganization of boards; and identify areas of weakness in a board’s operations and recommend solutions for improvement. Phase 2 will include a review of current policies, best practices, and establishing a process for creation, elimination, continuation, etc. of a city board or commission. A review of technical boards will also occur. Phase 2 will begin in January/February 2020. Ordinance eliminating, revising, modifying, and merging advisory boards and committees as a result of a thorough review. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 City staff developed a survey to gather data from committee liaisons and key stakeholders to determine the feasibility, elimination, continuation, or reorganization of the advisory boards. The information collected from the survey included 1) efficiency with which the board operates; 2) identify board’s intended objectives, problem/need to be addressed, objectives achieved, and any other activities; 3) alternative methods of performing responsibilities; 4) extent to which the board if needed and used; 5) extent to which board overlaps, duplicates, or could be consolidated with other boards; 6) advise or recommendations provided staff or council of changes or actions benefitting the city/citizens; 7) whether the board encourages public participation and it has resulted in achieving the board’s goals; 8) whether the board complies with the Texas Open Meetings Act or other applicable state and federal laws; and, 9) identify loss of state/federal funds or grants if abolished. The three-step review process included 1) staff evaluation: extensive research and analysis, 2) discussion and input with City leadership; and 3) input from key stakeholders to include Committee chairs, Councilmembers, and Committee members. Based on the feedback, City staff is recommending to amend various sections of the City Code by eliminating, modifying, merging, or moving assignments to other boards or committees. Below is the breakdown of the results: # of advisory committees before review 28 - Number eliminated/merged 15 + New Board: Senior Corps 1 Number after review 14 The remaining Advisory Boards and Committees include Airport Board, Animal Care Advisory Committee, Arts & Cultural Commission, Committee for Persons with Disabilities, Corpus Christi Commission on Children & Youth, Flood Hazard Mitigation Committee, Island Strategic Action Committee, Library Board, Marina Advisory Committee, Park & Recreation Advisory Committee, Sister City Committee, Transportation Advisory Commission, Water Shore & Beach Advisory Committee, and merger of Retired Senior Volunteer Program and Senior Companion Program into the Senior Corps Committee. The recommendations from the review of the Advisory Boards and Committees process is as follows: 1) more efficient and effective use of staff time and funding for department mission and goals; 2) strengthens and optimizes remaining advisory boards; 3) more effective communication from remaining boards; 4) more effective recruitment; 5) under-utilized board members can move to other boards to effectively use their volunteer time; 6) reduces board vacancy rates and recruitment challenges; and 7) eliminates duplication of boards or boards no longer active. ALTERNATIVES: The alternative would be to not amend or partially amend the City Code. FISCAL IMPACT: Approximately 1,200 hours of staff time valued at approximately $35,000 will be saved and reallocated to departmental mission and goals. RECOMMENDATION: City staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 1 Ordinance eliminating the following City committees: (1) Advisory Committee on Community Pride; (2) City Council’s Youth Advisory Committee; (3) Clean City Advisory Committee; (4) Community Youth Development Steering Committee; (5) Food Service Advisory Committee; (6) Leadership Committee for Senior Services; (7) Mayor’s Fitness Council; (8) Corpus Christi Museum of Science and History Advisory Board; (9) Oil and Gas Advisory Committee; (10) Parking Advisory Committee; (11) Pipeline Review Panel; (12) Mobility Planning Committee; (13) Tree Advisory Committee; (14) Water Resources Advisory Committee; and (15) to merge the Retired and Senior Volunteer Program Advisory Committee with Senior Companion Advisory to create new Senior Corps Committee; and (16) to revise membership of the Corpus Christi Commission on Children & Youth; and (17) to revise membership of the Sister City Committee; modifying some committee assignments by merging some committees or moving some committee assignments to other committees or city staff; and amending various sections of the City Code to make aforesaid changes; and providing an effective date of December 31, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, that: SECTION 1. To eliminate the Advisory Committee on Community Pride. The Advisory Committee on Community Pride is abolished effective December 31, 2019. Division 28 of Chapter 2 of the City Code of Ordinances, Sections 2-280 through 2-283, are deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-280. - Created; purpose. There is hereby created the Advisory Committee on Community Pride. The purpose of the committee is to advise the mayor and city council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. Sec. 2-281. - Duties. The committee shall act as an advisor to the mayor and city council regarding development and implementation of a comprehensive community pride campaign that will interrelate with the efforts of the Clean City Advisory Committee, inc luding but not limited to the following activities: (a) Review existing and proposed goals and strategies related to the city's pride campaign aimed at advancing city-wide clean-up and recycling goals, development of beautification programs and enhancement of existing programs such as Adopt -A-Beach, Adopt Downtown, Keep our Beaches Clean, Clean Air Fair, and other related events; (b) Review marketing strategies related to the city's pride campaign which promote cleanliness and beautification proj ects in partnership with local businesses; (c) Review strategies to engage the public to promote community pride and beautification programs at public meetings, community presentations and other city events; 2 (d) Provide input into existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs; (e) Review new program methodologies related to community pride; (f) Acquaint itself with the pride and cleanliness issues within the community ; (g) Cultivate and promote public knowledge, understanding, and acceptance of the need for community pride initiatives; (h) Provide a public forum for discussion of community needs related to a community pride initiative; (i) Endeavor to support and foster the efforts of all local cooperating groups having a focus on community pride and beautification efforts; and (j) Encourage community involvement in pilot programs aimed at increased community pride. Sec. 2-282. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of eleven (11) members appointed by the mayor with the approval of the city council. (b) Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the city secretary's office. Thereafter, all terms shall be two (2) years. (c) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. (d) The director of public information and the director of neighborhood services shall serve as ex-officio members of the committee without vote. Sec. 2-283. - Quorum; procedures; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (c) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice -chairperson to serve during the initial two -year term. Thereafter, the chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. (d) The Special Assistant to the Assistant City Manager - Clean City/Community Pride, or designated representative shall serve as the staff liaison and shall assist with its duties. (e) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (f) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its dutie s. Members of such subcommittees shall be appointed only from among members of the committee. SECTION 2. To eliminate the City Council’s Youth Advisory Committee. The City Council’s Youth Advisory Committee is abolished effective December 31, 2019. Division 24 of Chapter 2 of the City Code of Ordinances, Sections 2-250 through 2-256, are deleted from the City Code of Ordinances effective December 31, 2019. 3 Sec. 2-250. - Created; purpose. There is hereby created a thirteen -member advisory committee that shall assist and advise the city council on city youth issues. The committee shall be known as the City Council's Youth Advisory Committee ("youth committee"). Sec. 2-251. - Powers and duties. The youth committee shall exercise the following powers and duties: (1) Assist and advise the city council on city youth issues; (2) Conduct surveys and determine the concerns and interest of the youth of Corpus Christi; (3) Encourage youth leadership and responsibility through volunteerism and community involvement; (4) Create opportunities for public discussion of youth issues through meetings, workshops and conferences; (5) Look for ways to promote understanding, respect and community in volvement among youth groups of all cultures and backgrounds; and (6) Assist in planning, recommending and implementing youth activities. Sec. 2-252. - Member qualifications; appointments; parks staff liaison. (a) The youth committee consists of thirteen (13) primary members, and thirteen (13) alternates, composed of students in grades 11 or 12 that are city residents. High schools represented by the youth committee include: Calallen, Carroll, Coles, Collegiate, Flour Bluff, Incarnate Word Academy, John Paul II, King, Miller, Moody, Ray, Tuloso -Midway, and West Oso. If a primary committee member is unable to attend a scheduled meeting the alternate member will be contacted to fill the vacancy for the assigned meeting. (b) The youth committee members representing each of the schools will be selected by the principal or the principal's designee of their respective campuses. The principal or principal's designee through the school district's central administration office shall submit the nominees for the primary and alternate members to the youth committee liaison no later than the third Friday in August of the year their respective campus has a vacancy. The nominee will be ratified by the city council. (c) Each 11 th grade youth committee member can serve a two -year term. (d) Each member's term automatically expires three (3) months after high school graduation. (e) The parks and recreation department will assign city staff to serve as staff liaison to the youth committee. Sec. 2-253. - General committee rules apply. Except as otherwise provided in this division 24, the general rules in division 1 (sections 2- 60 through 2-69) and Coun cil Policy 14 (Resolution No. 21901 adopted March 22, 1994) governing city boards, commissions, and committees apply to the youth committee. Sec. 2-254. - Meetings; quorum; voting. 4 (a) The youth committee shall meet three (3) times a year: October, January, and May, in compliance with section 2-62. Special meetings may be called by the chair or upo n request of two (2) members of the youth committee. Notice of meetings shall be posted in compliance with the Texas Open Meetings Act. (b) A quorum shall consist of a majority of the members of the youth committee and any issue to be voted on shall be re solved by a majority of those present. Whenever a quorum is not present at the meeting, the meeting will be considered adjourned and will be rescheduled to the next regular meeting date, or to another date that the chair deems appropriate. Sec. 2-255. - At tendance at meetings; vacancies. (a) If the primary member is not available to attend, the primary member shall contact the alternate member, to attend in the place of the primary member. The alternate member shall attend in the place of the primary member, with voting privileges. (b) If there is a vacancy in the position held by a primary member prior to end of such primary member's term, then: (i) the alternate member shall automatically become the primary member to serve the remainder of the term; and (ii) a new alternate member shall be appointed in accordance with subsection 2-252(c). Sec. 2-256. - Rules of procedure; bylaws. (a) The youth committee shall conduct its meetings in accordance with state law, City Charter, ordinances, and policies and Roberts Rules of Order. Order of business shall be as specified on the agenda. Actions shall be taken on basis of motion, duly seconded, by members of the youth committee. (b) The youth committee shall keep minutes of its proceedings that indicate the attendance of each member and the vote or failure to vote of each member on each question. (c) A copy of the bylaws is attached to Ordinance No. 028174 and is on file in the city secretary's office. A bylaw shall not be suspended without approval of the city parks director, or designee ("parks director"). A bylaw shall not be suspended (or amended) if the suspension (or amendment) would violate state law, City Charter, ordinance, or policy. Upon amendment of the bylaws and approval by parks director, parks director shall file a certified copy of the bylaws, as amended, with the city secretary. Parks director shall not unreasonably withhold approval of suspension or amendment. SECTION 3. To eliminate the Clean City Advisory Committee. The Clean City Advisory Committee is abolished effective December 31, 2019. Division 21 of Chapter 2 of the City Code of Ordinances, Sections 2-231 through 2-234, are deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-231. - Created; purpose. There is hereby created the Clean City Advisory Committee. The purpose of the committee is to advise the city council on recycling, litter, and other solid waste environmental issues of concern in the community. Sec. 2-232. - Duties. 5 The committee shall: (1) Act as an advisor to the city council and city manager regarding issues of concern in the community related to recycling, litter, and other solid waste environmental matters. (2) Develop comprehensive policies and make recommendations regarding implementation of plans and programs to address recycling, litte r reduction, and related solid waste environmental matters. (3) Review existing and proposed goals and objectives of current recycling, litter reduction, and solid waste environmental programs. (4) Review new program methodologies related to recycling an d litter. (5) Acquaint itself with the recycling and litter reduction needs and problems within the community. (6) Cultivate and promote public knowledge, understanding, and acceptance of the need for recycling and litter reduction programs. (7) Provide a public forum for discussion of community needs related to recycling and litter reduction programs. (8) Promote education of the public in recycling, litter reduction, and solid waste environmental campaigns. (9) Endeavor to support and foster t he efforts of all local cooperating groups having a focus on community beautification efforts. (10) Encourage community involvement in pilot programs aimed at increased recycling and reduced litter. Sec. 2-233. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of eleven (11) members. Of the eleven (11) members, one (1) shall be an educator in a primary, secondary, or high school within the city; one (1) shall be a member of a local chamber of commer ce; one (1) shall be a commercial solid waste hauler; one (1) shall be a member of the Beautify Corpus Christi Association; and the remaining seven (7) members shall represent the community at large. (b) Of the initial members, six (6) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. (d) The director of neighborhood services, or the director's designee, and the director of environmental services, or t he director's designee, shall serve as ex -officio members of the committee without vote. Sec. 2-234. - Rules of procedure; officers; staff liaison. (a) The committee may adopt its own rules of procedure for the conduct of its business and may amend the same from time to time. A copy of the adopted rules of procedure must be placed on file in the city secretary's office. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve during the initial two -year term. Thereafter, the chairperson and vice-chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. 6 (c) The director of streets and solid waste services, or designated representative, shall serve as the staff liaison and secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. SECTION 4. To eliminate the Community Youth Development Steering Committee. The Community Youth Development Steering Committee which was initially established by Resolution 022938 is abolished effective December 31, 2019. SECTION 5. To eliminate the Food Service Advisory Committee. The Food Service Advisory Committee is abolished effective December 31, 2019. Division 5 of Chapter 19 of the City Code of Ordinances, Section 19-65, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 19-65. - Established; composition; duties; terms. A food service advisory council shall be appointed by the city council and shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. The food advisory council members will appoint the chairperson. The functions of the board will be to advise the director of health on food and food establish ment concerns within the community. Members of the board shall be appointed for staggered terms so that at least one industry representative and one (1) community member are reappointed each year. No voting member may serve more than two (2) terms or three (3) years each with the exception of those initially appointed for less than a full three -year term. SECTION 6. To eliminate the Leadership Committee for Senior Services. The Leadership Committee for Senior Services is abolished effective December 31, 2019. Division 15 of Chapter 2 of the City Code of Ordinances, Sections 2-170 through 2-173, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-170. - Membership. The city council shall appoint a Leadership Committee for Senior Services, to coordinate the efforts of the senior community services division; which includes the retired and senior volunteer program, the senior companion program, and the elderly nutrition program, to consist of fifteen (15) members , two (2) of which will be senior center participants, three (3) of which shall represent agencies with direct services to senior citizens, and ten (10) of which shall represent the community. The members of said committee shall be appointed as follows: ei ght (8) members of said committee shall be initially appointed for a term of one (1) year, and seven (7) members of said committee shall be appointed for a term of two (2) years. Upon expiration of the term of office of the first eight (8) appointees, the succeeding term of office for each new member shall be a term of two (2) years. Members may be reappointed at the discretion of the city council. Sec. 2-171. - Officers. The committee shall at its first meeting select from among its membership a chairman, a vice-chairman and a secretary, and any other officers deemed necessary, and such officers shall serve for the ensuing year or until their successors are selected. 7 Sec. 2-172. - Staff support. The personnel of the senior community services program shall provide staff support to the aforesaid advisory committee. Sec. 2-173. - Duties. The advisory committee's duties will be: (1) To advise the senior community services division staff of the needs for services according to locally conceived priorities; (2) To assist the senior community services division staff in the development of comprehensive senior citizens program plans; (3) To establish priorities and make recommendation for appropriate program funding; (4) To review and evaluate senior communi ty services division operations; (5) To coordinate program and planning activities with local agencies and organizations that serve senior citizens; (6) To increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and (7) To coordinate and plan fund raising activities to benefit senior community services division goals. SECTION 7. To eliminate the Mayor’s Fitness Council. The Mayor’s Fitness Council is abolished effective December 31, 2019. Division 30 of Chapter 2 of the City Code of Ordinances, Sections 2-295 through 2-298, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-295. - Created; purpose. There is hereby created the mayor's fitness council. The purpose of the committee is to encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. Sec. 2-296. - Duties. The committee shall act as an advisor to the city council, city manager, parks department, and health district regarding promotion of healthy living, including but not limited to the following activities: (1) To encourage, promote and enhance healthy living through o rganized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. (2) To collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help com bat chronic disease such as diabetes, cardio pulmonary disease and cancer. Sec. 2-297. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of nine (9) members, to be appointed by the mayor with the approval of the city council. The committee shall consist of individuals representing the following 8 categories: Health care/medical professionals, worksite wellness, disability networks, senior initiatives, youth initiatives, community outreach, and three (3) at large members. (b) All terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. The staggered terms are as follows: (1) The members filling the following five (5) categories have a two -year term which ends in even numbered year: Health care/medical professionals, senior initiatives, youth initiatives, community outreach, and one (1) at large member. (2) The members filling the following four (4) categories have a two -year term which ends in odd numbered year: Worksite wellness, disability networks, and two (2) at large members. (c) In the event a vacancy occurs during any term, the replacement shall be appointed by the mayor with approval of the city council to fill the unexpired term. (d) Ex officio members will include director of parks and recreation, and the director of the city county public health district. Sec. 2-298. - Quorum; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such committee shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a vice-chairperson to serve during the initial two-year term. The initial chairperson for the initial two-year term shall be the youth/after school program representative. Thereafter, the chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. (c) The pride/clean city coordinator, or designated representative, shall serve as the staff liaison and secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or o f a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of su ch subcommittees shall be appointed only from among members of the committee. SECTION 8. To eliminate the Corpus Christi Museum of Science and History Advisory Board. The Corpus Christi Museum of Science and History Advisory Board is abolished effective December 31, 2019. Division 5 of Chapter 2 of the City Code of Ordinances, Sections 2-90 through 2-92, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-90. - Created; membership; terms; filling vacancies. 9 (a) There is hereby created the Corpus Christi Museum of Science and History Advisory Board which shall consist of nine (9) members. The board members shall be appointed by the mayor with the advice and consent of the city council. (b) Their terms shall run for a full three (3) years. Upon the occurrence of any vacancy, it shall be filled for the unexpired term. (c) The board members shall be selected as follows: nine (9) members shall be nominated by the mayor who shall seek two (2) members from higher educ ation, two (2) members from the field of K-12 education, two (2) members from business community and three (3) members from community advocates. Of these nine (9) members, at least one (1) member should have a background in science, technology, engineering , or math and one (1) member should have a background in history. (d) Ex officio members without vote shall include the city manager and the Superintendent of the Corpus Christi Independent School District, Calallen Independent School District, Flour Bluff Independent School District, Tuloso-Midway Independent School District, and West Oso Independent School District or their designated representative. Sec. 2-91. - Rules of procedure; officers; compensation. The board shall adopt its own rules of procedure for the conduct of its business, shall elect its own chairman and such other officers as the board may determine are necessary. The regular election of the chairman and other officers shall be in October of each year. All board members shall serve without compensation. Sec. 2-92. - Meetings; function. (a) The board shall hold regular meetings bimonthly and such special meetings as may be called by the chairman with notice to all members. (b) The advisory board shall serve as an advisor to the city manager and to the city council in matters of support and development of the museum, including but not limited to the following activities: (1) Advice on management of collections; (2) Advice on acquisitions for the collections; (3) Advice on disposition and the de -acquisition of objects in and for the collection; (4) Advice on use of museum facilities; (5) Advice on museum programming; (6) Advice on project accomplishments and impact; (7) Advice on strategic plans and engagement; (8) Engagement in grant development and fundraising; (9) Advice on capital improvement projects; (10) Serve as community advocates and liaisons; (11) Generate comprehensive report of accomplishments, challenges and recommended improvements; (12) Advice on management of museum; (13) Advice on financial health of museum. 10 SECTION 9. To eliminate the Oil and Gas Advisory Committee and amend Chapter 35 of the City Code of Ordinances to assign duties of the Committee to City staff. The Oil and Gas Advisory Committee is abolished effective December 31, 2019. Section 35-12 and Sections 35-26 through 35-33, of Chapter 35 of the City Code of Ordinances, are deleted from the City Code of Ordinances effective December 31, 2019. The following sections of Chapter 35 of the City Code of Ordinances are revised as follows effective December 31, 2019: “Sec. 35-57. - Marine recreation area, Gulf of Mexico. The marine recreation area in the Gulf of Mexico shall be that portion of the Gulf of Mex ico that is within the city limits and is more than one mile seaward of the one and thirty-seven one hundredths (1.37) foot above mean sea level line along the eastern side of Padre Island and Mustang Island. (1) Within the marine recreational area, an a pproved well structure location shall be not less than two hundred fifty (250) feet from another well structure. (2) An exceptional well structure location shall be a well structure located within two hundred fifty (250) feet of another well structure but recommended by the oil and gas advisory committee superintendent after holding a public hearing to determine the impact on island utilization and development relative to the size and location of the structure applied for. (3) Within the marine recreational area, production platforms shall be prohibited unless deemed necessary and shall be applied for and considered on an individual basis.” “Sec. 35-84. - Routine processing of permit application in full compliance. Upon receipt of an application for a permit to drill and operate a well, the superintendent shall date and set up a file for this application and examine same for compliance with t his chapter. If the application is for a regular location and structure in compliance with all requirements of the chapter, the superintendent shall notify the owners of the land surface listed in section 35 -83(a)(1) and the oil and gas advisory committee by mail of the application and publish a notice of the intention to grant such application and unless someone files a written protest in opposition to the granting within seven (7) days from date of publication. If the application is for a regular location and structure in compliance with all provisions of this chapter, and no written protest in opposition to the granting of the permit, based on one or more of the grounds set forth in section 35 -86 is filed, then the superintendent will, within ten (10) days after date of publication of notice, issue a permit. If a written protest in opposition to the application is filed within seven (7) days from the date of publication of the notice and the superintendent determines that the protest is not well founded, he will after three-days notice to the protestant, issue the permit unless the protestant, within said three (3) days files notice of appeal to the oil and gas advisory committee and city council. In the event the superintendent has found cause to deny th e permit or in the event of a written protest on grounds which are found to be sufficient by the superintendent, followed by the denial of the permit, the superintendent shall inform the applicant in writing of the reasons for such denial. The applicant may then rectify the reason for denial of the permit or appeal to the Gas Director to the oil and gas advisory committee and city council through the procedure described in section 35-85.” Sec. 35-85. - Committee hearing on application other than routine. Process for processing non-routine permit application or appeal of denial. The superintendent shall, within seven (7) days after receipt of an application for an exceptional location or structure or after denial of a permi t as routine, submit to the committee Gas Director his the superintendent’s written report on the application, including any 11 recommendation for its disposition or further handling as to him appears proper, a copy of which shall be contemporaneously delivered or mailed to the applicant. At the request of applicant or any other interested party, the committee Gas Director shall, or upon its own motion may within ten (10) days after its receipt of the superintendent's report hold a hearing on any application for a permit at which any interested party shall be afforded a reasonable opportunity to present oral testimony or other pertinent evidence to the committee. All proceedings before the committee shall be orderly but informal and rules of procedure and evidence (including the cross examination of witnesses) normal in court proceedings shall not be required followed except to the extent permitted or required by the committee. At the request of any applicant, a written record of the proceedings of any such hearing shall be kept, provided that applicant shall pay for all cost and expense of making such record. Not later than thirty (30) days after receiving an application the Gas Director shall make a final determination as to whether the application should be granted, denied, modified or otherwise disposed of. A true copy of said determination shall be deliv ered to the applicant. (Ord. No. 18177, § 1, 4-11-1984) Sec. 35-86. - Council aAction on non-routine permit application after hearing filing of objection by applicant. Not later than thirty (30) days after receiving an application the committee shall make a recommendation to the council as to whether the application should be granted, denied, modified or otherwise disposed of. All written materials, statements, proceedings had in public hearings, and the report of the superintendent shall be transmitted to the council with such recommendation. A true copy of said recommendation shall be delivered to the applicant who shall have five (5) days within which to file with the city secretary a written protest to the council of the committee's recommendation, setting forth therein the grounds for any objection. The failure to file any such objection to the recommendation of the committee shall b e deemed to be a waiver of any objection by the applicant. Upon the filing of said recommendation by the committee and of said objection, if any, by the applicant, or upon the failure of the committee to make such recommendation to the council within the thirty-day period herein provided for, the council shall promptly act upon the application for permit. Except in instances in which the applicant has failed to provide information required by this chapter and in which the council determines that additional information pertaining to such application should be furnished, the council shall take final action upon such applications not later than thirty (30) days after such application properly comes before the council. The council may act upon the basis of the written recommendation and other reports submitted to it, provided, however, that the council may in its discretion order such further or additional hearings before the committee or before the council as it may deem appropriate. The city council superintendent shall have the power to refuse any application for a permit to drill and operate any well at any particular location where by reason of such particular location and the character and value of the permanent improvements already erected on or approximat ely adjacent to the particular location in question, and the use to which the land and surroundings are adapted for school, college, university, hospital, park or civic purpose or for health or safety reasons or any of them, the drilling or operation of such well on the particular location might be injurious or a disadvantage to the city or to its inhabitants as a whole, or to a substantial number of its inhabitants or visitors as a group; or the council superintendent may grant a permit, as it may deem necessary, on such reasonable conditions as to protect all persons who, and property which, may be affected by the drilling and production operations. When the council refuses to issue a permit for the particular drilling location as applied for by the applicant, it The superintendent may, in lieu thereof designate as the drilling location a different drilling site subject to the applicant obtaining all requisite leases, contracts and surface permission for the designated substituted drilling site. (Ord. No. 18177, § 1, 4-11-1984) 12 Sec. 35-88. - Seismic surveys. (a) No geophysical work will be permitted except upon proper application and the payment of a one thousand five hundred dollars ($1,500.00) application fee. A proper application will include the following: (1) Letter of application requesting a geophysical permit. The letter shall set out the system to be employed, when it is intended to begin the work, and also the anticipated date of completion. A statement shall also be made relieving the city of any liability for damages which may result from that operation performed by the applicant. (2) The letter of application shall be accompanied by a certificate of comprehensive general liability insurance in amounts and with endorsements as may be determined by the superintendent to be commensurate with the survey type and location applied for. (3) A plat outlining the areas proposed to be covered by the survey. (4) The term of a seismic permit shall be for three (3) months. The superintendent may grant one (1) extension of time for an additional three (3) months for cause. (b) When the above is properly submitted, the superintendent, after obtaining the recommendation of the committee, may issue a permit to the applicant to conduct such seismic or geophysical work, if by his determination, this work will not create a public nuisance nor be contrary to the public safety. The determination shall be in writing and shall include the consideration of the following factors: (1) The location of the point relative to surrounding improvements, pipelines, wells; (2) The quantity and nature of the proposed seismic survey to be used in implementing the exploration; (3) The pendency of other activities at and adjacent to the point of exploration. (c) The determination of the superintendent may be appealed to th e city council Gas Director in accordance with this subsection. (1) The appeal may be brought by the applicant or by an affected person. An "affected person" for purposes of this section is one who appeared at the committee hearing and who, as a result of the proposed seismic activity, has suffered or may suffer actual injury or economic damage other than as a member of the general public. (2) The superintendent shall send written notice of the determination to the applicant and to any affected person who provides their mailing or fax address to the superintendent prior to the determination. (3) An appeal shall be filed with the city secretary within ten (10) days of the date of written determination by the superintendent. (4) The Gas Director council shall hold a public hearing and render a final decision within thirty (30) days of the filing of an appeal. A two-thirds ( 2/3 ) vote of the city council shall be required to reverse a determination of the superintendent to grant a permit. (Ord. No. 18177, § 1, 4-11-1984; Ord. No. 23020, § 1, 7-29-1997; Ord. No. 23665, § 1, 6-8- 1999; Ord. No. 23918, § 1, 1-18-2000) SECTION 10. To eliminate the Parking Advisory Committee. The Parking Advisory Committee is abolished effective December 31, 2019. Section 53-196 of the City Code of Ordinances, regarding the Parking Advisory Committee, is deleted from the City Code of Ordinances effective December 31, 2019. 13 Sec. 53-196. - Parking advisory committee. (a) There is hereby created an advisory board to be called the parking advisory committee. (b) Membership composition, appointments and terms of the parking advisory committee are as follows: (1) Appointment: The parking advisory committee shall be appointed by the city council and will be composed of eleven (11) voting members and three (3) non -voting advisory members as follows: a. One (1) member nominated by the district council member who represents the downtown area. b. Two (2) members nominated by the Downtown Management District. c. One (1) member nominated by the North Beach Community Association. d. One (1) member nominated by the Uptown Neighborhood Initiative. e. Two (2) members nominated by the Building Owners and Management Association. f. One (1) member nominated by the Corpus Christi Convention and Visitor's Bureau. g. Two (2) members who shall represent downtown residential interests - one (1) member to be a resident where paid parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area. h. One (1) member to represent the community at large. i. The city manager, police chief, parks and recreation director or their designees shall serve as non-voting advisory members. The parking control man ager or supervisor shall serve as liaison to the committee. (2) Terms and vacancies: a. Of the eleven (11) members with voting power, the initial terms of six (6) members shall serve a two -year term, and five (5) members shall serve a three -year term as determined by a drawing to be conducted in the city secretary's office. Thereafter, all terms shall be three (3) years with terms expiring on July 31 of the applicable year. b. All vacancies shall be filled in the same manner and to represent the same category vacated. (3) The parking advisory committee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On-street and off-street parking, special events, and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns. d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of parking improvement fund. f. Parking improvemen t. g. Participate with the county on parking enhancement and city center revitalization matters. (4) Organization: The committee shall elect, from among its voting members at the first meeting, a member to serve as a chairperson and a vice-chairperson, and who shall serve for a term of one (1) year. (c) The parking advisory committee meets a minimum of twice yearly and may meet at other times at the call of the chairperson of the committee. 14 (d) The parking advisory committee shall submit written reports and recommendations to the police chief and city manager. The city manager will review the reports and recommendations before submitting to city council for action if necessary. (e) The parking advisory committee shall act in an advisory capacity and shall not incur any debts, expenses or liability to the city. (f) The committee may establish and adopt bylaws not inconsistent with the ordinance. SECTION 11. To eliminate Pipeline Review Panel. The Pipeline Review Panel is abolished effective December 31, 2019. Subsections (g) and (h) of Section 35-152 of the City Code of Ordinances are revised as follows effective December 31, 2019: Sec. 35-152. - New pipelines. (g) An administrative hearing shall be conducted to seek resolution of any substantive, nonresolvable technical issues. The hearing will be conducted before the pipeline review panel [see subsection (h) below]. A quorum of at least three (3) pipeline review panel members must be present to conduct the hearing with at least one (1) of the panel members present at the hearing having emergency management/LEPC expertise. The pipeline review panel City Manager or designee who will render a decision within seven (7) days of the date of such hearing. (h) The city council shall appoint five (5) persons to the pipeline review panel four (4) of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, at least one (1) of which shall have emergency management experience, and the additional person shall be a community representative. Personnel of the city's emergency management office will supply staff support to the panel. Each member of the pipeline review panel shall be appointed for a term of two (2) years and until his successor is appointed. SECTION 12. To eliminate the Mobility Planning committee of the Transportation Advisory Commission. The Mobility planning committee of the Transportation Advisory Commission is abolished effective December 31, 2019. Subsection (5) of Section 2-121 of the City Code of Ordinances is amended as follows effective December 31, 2019: Sec. 2-121. - Organization of transportation advisory commission. (5) Committees. The chair, with the approval of the transportation advisory commission, may establish such committees as may be necessary or appropriate to assist the transportation advisory commission in its studies and in the performance of its duties. Members of such committees may be appointed from among members of the transportation advisory commission or from among the general public, but the chair shall designate voting members of the transportation advisory commission to serve as chair of each committee. Any committee appointed by the transportation advisory commission to study, investigate, advise or consult with them on any issue shall never be authorized or deemed cloaked with aut hority to divulge progress results or findings of such study, investigation, advice or consultation to the press or to the public and any statement so made by such committee shall not constitute official statements or positions of the transportation advisory commission. There are two (2) is one (1) standing committees: a. Bicycle and pedestrian committee b. Mobility planning committee.” 15 SECTION 13. To eliminate the Tree Advisory Committee. The Tree Advisory Committee is abolished effective December 31, 2019. Division 12 of Chapter 2 of the City Code of Ordinances, Sections 2-140 through 2-142, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-140. - Creation and establishment of tree advisory committee. The city council hereby establishes a tree advisory committee for the City of Corpus Christi, Texas, which shall consist of five (5) members to be approved by the city council. Members of the committee shall serve without compensation. Membership of the committee shall consist of one (1) landscape professional defined as a landscape architect, landscape designer, horticulturist or landscape contractor; one (1) certified arborist, or urban forester; one (1) representative from electric utility provider AEP; and two (2) at large community members. Committee liaisons shall be a representative from the parks and recreation advisory committee and also from the planning commission. The committee liaisons shall have no voting power. Staff liaisons to the committee shall be an employee from each of the following city departments: parks and recreation, planning, development services, traffic engineering, engineering, and code enforcement. The certified arborist or urban forester is exempted from the resi dency requirements of section 2-65 and City Council Policy Number 14(o). (Ord. No. 029756, § 1, 2-26-2013; Ord. No. 030059, § 1, 1 -21-2014; Ord. No. 031574, § 1, 10 -9- 2018) Sec. 2-141. - Term of office; chair and vice-chair; and quorum requirements. Terms of office for the tree advisory committee members shall be two (2) years. In order to establish staggered terms, however, two (2) members shall serve an initial term of one (1) year and three (3) members an initial term of two (2) years. Initial terms shall be determined by drawing to be conducted at the initial committee meeting. The committee shall choose a chair and vice -chair, upon approval of the majority of the committee members present and voting. The committee shall comply with the Texas Open Meetings Act. A majority of the committee members shall be a quorum for the transac tion of meetings. (Ord. No. 029756, § 1, 2-26-2013) Sec. 2-142. - Duties and responsibilities. (a) Development of city's public tree plan. (1) It shall be the responsibility of the tree advisory committee to review and recommend a formal written plan to the city council for the care, preservation, pruning, planting, replanting, removal or disposition of public trees. The plan must not conflict with the parks and recreation master plans. The committee shall provide a recommendation to planning commission o n any proposed amendments to the Unified Development Code pertaining to planting and landscaping requirements. (2) A public tree is defined for purposes of this ordinance [Ordinance No. 029756] as trees, shrubs, bushes and all other woody vegetation plante d in land owned by the City of Corpus Christi, Texas. (3) The committee shall work with the staff of the parks and recreation department to develop a recommended list of tree species for public trees to be planted on lands owned by the city. The 16 list shall be broken into categories of small, medium, and large trees, such terms to be defined in the city's public tree plan. (4) The city's public tree plan shall provide for the following: a. No public tree may be closer than the following distances from the curb or sidewalk: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet. b. No public tree shall be planted closer than twenty (20) feet to any street corner, measured from the point of curbs and curblines of the near est intersection. c. No public tree shall be planted closer than ten (10) feet to any fire hydrant. d. The city shall retain all rights to plant, prune, maintain, and remove public trees, plants and shrubs on city owned property. e. The public tree plan shall incorporate all applicable city ordinances regarding tree care and maintenance, including but not limited to the provisions of section 53-264 which requires that every owner of any tree overhanging any street or right -of-way within the city shall prune the branches in accordance with section 53-264 so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clearance space of at least seven (7) feet above the surface of the sidewalk and at least thirteen (13) feet above the surface of the street. f. The plan shall address unnecessary topping of pub lic trees. Trees severely damaged by storms or other causes or certain trees under utility wires and other obstructions where alternative pruning practices are impractical may be exempt from the plan at the determination of the tree advisory committee. (5) The written plan shall be presented to the city council for review and consideration for approval. Upon approval by the city council, such plan shall constitute the official Public Tree Plan for the City of Corpus Christi. (6) The tree advisory committee shall periodically review such approved plan for recommended updates to the city council. Upon city council approval, the committee shall work with the parks and recreation department to implement the plan. (b) Other duties. (1) The committee may recommend to the parks director the removal of any public tree or part thereof which is damaged by disease, storm or which is in an unsafe condition. (2) The city council may request the tree advisory committee to consider, investigate, make findings, report or recommend upon any special matter of question pertinent to the city public tree plan. (3) The tree advisory committee shall provide a recommendation to planning commission on any proposed amendments to the Unified Development Code pert aining to tree planting and landscaping requirements. (Ord. No. 029756, § 1, 2-26-2013) SECTION 14. To eliminate the Water Resources Advisory Committee. The Water Resources Advisory Committee is abolished effective December 31, 2019. Division 20 of Chapter 2 of the City Code of Ordinances, Section 2-230, is deleted from the City Code of Ordinances effective December 31, 2019. Sec. 2-230. - Composition, organization and duties. (a) Composition. (1) There is hereby created the water resources advisory committee which shall consist of ten (10) members. The members shall include a residential customer of the city's water system (homeowner), a large commercial customer of the city's water system, a wholesale raw or treated water customer of the city's regional water supply system, a representative of the Port Industries of Corpus Christi, a representative of a school district located within the city, a representative of a military facility, a representati ve of 17 landscaping/nursery/horticulture interest, an apartment owner or owner's representative, a citizen at large, and a member or employee of an organization that seeks to protect or positively influence the Nueces River watershed or its ecosystems. (2) The members of the advisory committee are appointed by the mayor with the approval of the council, for two -year terms of office. The initial members of said advisory committee were appointed as follows: Four (4) members of the advisory com mittee shall be initially appointed for a term of one (1) year, and five (5) members of the advisory committee shall be appointed for a term of two (2) years. Upon expiration of the term of office of the first nine (9) appointees, the succeeding term of of fice for each new member shall be for a term of two (2) years. Any vacancy shall be filled for the unexpired term. All committee members shall serve without compensation. (3) The mayor may appoint one (1) or two (2) council member(s) to serve as an ex off icio member(s) of the committee. (b) Organization. (1) The committee shall adopt its own rules of procedures. (2) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve during the first term. Thereafter, a committee chairperson and vice -chairperson shall be elected by a majority of the whole committee to serve one-year terms expiring each May 30. Said election shall be held each year at the first regular meeting after appointments to fill expired terms. (c) Duties. The advisory committee shall advise the city council, city manager, and water superintendent in matters of water resources management. The city council, city manager, and water superintendent may refer matters to the committee to obtain their views.” SECTION 15. To eliminate the Retired and Senior Volunteer Program Advisory Committee and the Senior Companion Program Advisory Committee to form the new Senior Corps Committee. The Retired and Senior Volunteer Program Advisory Committee and the Senior Companion Program Advisory Committee are abolished effective December 31, 2019. Division 27 of Chapter 2 of the City Code of Ordinances, Sections 2-276 through 2-279, and Division 26 of Chapter 2 of the City Code of Ordinances, Sections 2-270 through 2-273 are deleted from the City Code of Ordinances effective December 31, 2019. New Division 26 is added to Chapter 26 of the City Code of Ordinances to establish the Senior Corps Advisory Committee as follows: Sec. 2-270. - Created; purpose. There is hereby created the Senior Companion Program Advisory Committee. The purpose of the committee is to advise the city council on the Senior Companion Program. Sec. 2-271. - Duties. The committee shall act as an advisor to the city council and city manager and parks department staff regarding senior companion program, including but not limit ed to the following activities; (1) Advise on senior companion recruitment strategies; (2) Provide support in recruitment of volunteers and volunteer stations for the Senior Companion Program; (3) Serve as community advocates and liaisons for the Senior Companion Program; (4) Assist in development of non -federal resources to include fundraising for the Senior Companion Program; (5) Advise on programming for impact; 18 (6) Advise on how to measure trends and impact of trends in the community regarding Senior Companion Program; (7) Assist with development and implementation of program evaluations and surveys; (8) Conduct an annual assessment of the program by surveying program volunteers; (9) Bi-annually assess senior companion project accomplishments an d impact; and (10) Attend special events and activities related to Senior Companion Program. Sec. 2-272. - Membership; terms; filling vacancies. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. One (1) member shall be a current Senior Companion Program ("SCP") volunteer, and one (1) member shall represent the SCP Volunteer Station. To serve as the SCP volunteer representative, t he member must be an active SCP volunteer for at least one (1) year, and currently serve a minimum of fifteen (15) hours per week. To serve as the SCP volunteer workstation representative, the member must be an executive, director or similar leadership pos ition at a current SCP volunteer station for the City of Corpus Christi. (b) Of the initial members, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c)In the event a vacancy occurs during any term, the city council appointment of a new member shall be to fill the unexpired term. Sec. 2-273. - Quorum; officers; staff liaison; meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters be fore the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice -chairperson to serve during the initial one -year term. Thereafter, the chairperson and vice-chairperson shall be elected by a majority of the whole committee to serve one-year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointment s to fill expiring terms. (c)The SCP program manager, or designated representative, shall serve as the staff liaison and the community service officer or designated representative shall serve as the secretary of the committee and shall send all notices fo r meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. Sec. 2-276. - Created; purpose. There is hereby created the Retired and Senior Volunteer Program Advisory Committee. The purpose of the committee is to advise the city council on the Retired Senior Volunteer Program. Sec. 2-277. - Duties. 19 The committee shall act as an advisor to the city council and city manager and parks department staff regarding Retired and Senior Volunteer ("RSVP") Program, including but not limited to the following activities; (1) Advise on volunteer recruitment strategies; (2) Provide support in recruitment of volunt eers and volunteer stations for the Retired And Senior Volunteer Program; (3) Serve as community advocates and liaisons for the Retired and Senior Volunteer Program; (4) Assist in development of non-federal resources to include fundraising for the Retired and Senior Volunteer Program; (5) Advise on programming for impact; (6) Advise on how to measure trends and impact of trends in the community regarding Retired and Senior Volunteer Program; (7) Assist with development and implementation of program evaluati ons and surveys; (8) Conduct an annual assessment of the program by surveying program volunteers; (9) Bi-annually assess project accomplishments and impact; and (10) Attend special events and activities related to Retired and Senior Volunteer Program. Sec. 2-278. - Membership; terms; filling vacancies; ex-officio members. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. One (1) member shall be a current RSVP volunteer, and one (1) member shall represent the RSVP volunteer station. To serve as the RSVP volunteer representative, the member must be an active RSVP volunteer who volunteers at least one (1) hour per month at a registered RSVP volunteer station. To serve as the RSVP volunteer workstation representative, the member must be an executive, director or similar leadership position at a non -profit agency that operates a RSVP volunteer station for the City of Corpus Christi. (b) Of the initial members, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members sh all serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the city council appointment of a new member shall be to fill the unexpired term. Sec. 2-279. - Quorum; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, the committee shall elect a chairperson and vice-chairperson to serve during the initial one -year term. Thereafter, the chairperson and vice-chairperson shall be elected to serve one -year terms. (c) The RSVP program manager, or designated repres entative, shall serve as the staff liaison and the community service officer or designated representative shall serve as the secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city off icials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once e ach month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. 20 “DIVISION 26. - SENIOR CORPS ADVISORY COMMITTEE Sec. 2-270. - Created; purpose. There is hereby created the Senior Corps Advisory Committee. The purpose of the committee is to advise the City Council on the Senior Companion Program and the Retired and Senior Volunteer Program (referred to in this Division 26 as “the Programs”). Sec. 2-271. - Duties. The committee shall act as an advisor to the city council and city manager and parks department staff regarding Senior Companion Program and the Retired and Senior Volunteer Program, including but not limited to the following activities; (1) Advise on recruitment strategies for the Programs; (2) Provide support in recruitment of volunteers and volunteer stations for the Programs; (3) Serve as community advocates and liaisons for the Programs; (4) Assist in development of non-federal resources to include fundraising for the Programs; (5) Advise on programming for impact; (6) Advise on how to measure trends and impact of trends in the community regarding the Programs; (7) Assist with development and implementation of program evaluations and surveys; (8) Conduct an annual assessment of the Programs by surveying program volunteers; (9) Bi-annually assess project accomplishments and impact of the Programs; and (10) Attend special events and activities related to the Programs Sec. 2-272. - Membership; terms. (a) The committee shall consist of five (5) members. One (1) member shall be a current Senior Companion Program ("SCP") volunteer, one (1) member shall represent the SCP Volunteer Station; one (1) member shall be a current Retired and Senior Volunteer Program (“RSVP”) volunteer; one (1) member shall represent the RSVP volunteer station; and one (1) member shall be at large. (b) Of the initial members, three (3) members shall serve a two-year term and two (2) members shall serve a one-year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. Sec. 2-273. - Quorum; officers; staff liaison; meetings. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice-chairperson to serve a one-year term. Following the initial election, subsequent elections for chairperson and vice-chairperson shall be held each year at the first regular meeting. (c) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (d) City staff from the Parks and Recreation Department will be assigned to assist the committee.” 21 SECTION 16. To revise membership of the Corpus Christi Commission on Children & Youth. The Corpus Christi Commission on Children & Youth is revised effective December 31, 2019. Section 2-217 and Section 2-218 are amended as follows effective December 31, 2019: “Sec. 2-216. - Functions and duties. The commission will: (1) Gather and organize information from all people and entities in order to act as a source of information and referral on issues concerning children, youth and their families; (2) Develop an annual community action plan for children, youth and their families; (3) Advise the city council on acquiring and efficiently allocating resources and services for children, youth and their families; (4) Promote strengthening of existing services for children, youth and their families; (5) Strengthen communications and encourage partnerships between public and private entities working with children, youth and their families; and (6) Serve as an advocate of local, state and federal policy benefitting children, youth and their families to the city council, and to others as authorized by the council. Sec. 2-217. - Membership. The commission shall consist of nine (9)fifteen (15) members appointed by the city council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupati on or through association with community-based organizations. One (1) member shall be representative of each of the following fields: 1) health and human services;2) law enforcement; 3) education; and 4) youth and family services. Three (3) members shall b e at large. One (1) member shall be a representative of the Nueces County District Attorney's Office. Any member who ceases substantial activity in the field or office represented automatically resigns from the commission. One (1) member shall be a youth representative from sixteen (16) to twenty-one (21) years of age at time of appointment. The commission shall be composed with 8 Adult Members and 7 Youth Members as follows: 8 Adult members representing the following categories: 1 Health & Human Services; 1 Law Enforcement; 1 Education; 1 Youth & Family Services; 2 At-large; 1 District Attorney’s Office; and 1 Faith-based organization; 7 Youth members as follows: 1 Youth at-large; 1 high school student from Corpus Christi Independent School District; 1 high school student from Calallen Independent School District; 1 high school student from Tuloso-Midway Independent School District; 1 high school student from West Oso Independent School District; 1 high school student from Flour Bluff Independent School District; and 1 high school student from a charter school. The youth members shall be high school juniors or seniors at time of appointment. 22 Sec. 2-218. - Term of office. Members shall serve staggered three-year terms except the youth members shall serve one year terms. commencing as follows: Health and human services, education, and youth representative terms shall commence in 2013; two (2) at large and law enforcement representative terms shall commence in 2014; and youth and family services, one (1) at large, and dist rict attorney representative terms shall commence in 2015. Any vacancy shall be filled for the unexpired term. Sec. 2-219. - Officers. The commission shall elect a chairperson and such other officers as it deems necessary. Officers shall serve one-year terms. Sec. 2-220. - Meetings. The commission shall meet at least monthly on an established day, and may meet more frequently. Five Adult Members A majority of members holding office shall constitute a quorum. The commission may adopt rules for the transaction of its business. The chairperson or any four (4) members may call a meeting. The commission shall be governed by the Texas Open Meetings Act. Sec. 2-221. - Staffing. The city manager shall appoint staff to assist the commission.” SECTION 17. To revise membership of the Sister City Committee. The Sister City Committee is revised effective Decem ber 31, 2019. Section 2-151 is revised as follows effective December 31, 2019: “Sec. 2-151. - Steering committee. The Sister City Committee shall consist of nine (9) members who shall be appointed by the City Council and shall serve three-year terms. In addition, representatives from the following city departments shall serve as ex-officio, nonvoting members of the steering committee: mayor's offi ce, Corpus Christi International Airport, and parks and recreation. The sister city committee shall consist of a steering committee and various subcommittees. The steering committee shall consist of nine (9) members who shall be broadly representative of racial, religious and ethnic groups in the community. The members sh all be appointed by the city council and shall serve three -year terms or until their successors are appointed and qualified. The steering committee shall be responsible for the overall administration and implementation for the city's sister city program. The steering committee shall be comprised of representatives of the following categories: Economic development sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; 23 Higher education institution; Advertising/public relations; Arts/cultural; and Two (2) at large. In addition, representatives from the following city departments shall serve as ex -officio, nonvoting members of the steering committee: mayor's office, Corpus Christi International Airport, and parks and recreation .” SECTION 18. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 19. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Review: City of Corpus Christi Advisory Boards By City Secretary Supporting departments: City Manager, City Attorney, City Departments with Advisory Boards, Strategic Planning & Innovation December 10, 2019 First Reading December 17, 2019 Second Reading No “Sunset” Ordinance or process for Board & Committee reviews •Fall 2018 •City Secretary engaged TAMU CC to conduct a preliminary needs assessment and survey of board members •39% response rate; 75% board members •City Council expressed support for the evaluation of the boards •Summer 2019 •City Secretary initiated a review of the Advisory Boards 2 28Advisory Boards1 _______________ 1 The scope of this review excludes those City boards and commissions with quasi-judicial powers such as Planning Commission, Board of Adjustment and other technical boards. •Advisory Committee on Community Pride (Mayor) •Airport Board •Animal Care Advisory Committee •Arts & Cultural Commission (Mayor) •City Council’s Youth Advisory Committee •Clean City Advisory Committee •Committee for Persons with Disabilities •Community Youth Development (78415) Program Steering Committee •Corpus Christi Commission on Children & Youth •Food Service Advisory Committee •Flood Hazard Mitigation Committee •Island Strategic Action Committee •Leadership Committee for Senior Services •Library Board •Marina Advisory Committee •Museum of Science & History Advisory Board (Mayor) •Mayor’s Fitness Council (Mayor) •Oil & Gas Advisory Committee (Mayor) •Parking Advisory Committee •Park & Recreation Advisory Committee •Pipeline Review Panel •Retired & Senior Volunteer Program Advisory Committee •Senior Companion Program Advisory Committee •Sister City Committee •Transportation Advisory Commission •Tree Advisory Committee •Water Resources Advisory Committee (Mayor) •Water Shore & Beach Advisory Committee 3 Scope •Gauge the efficiency and effectiveness of the Advisory Boards. •Make recommendations on elimination, continuation, and/or reorganization of boards. •Identify areas of weakness in a board’s operations and recommend solutions for improvement. •Determine the need for a review process for the creation, elimination, continuation, or reorganization of a City board or commission2. ________________ 2 Criteria includes estimated city staff time and other support costs to establish and maintain. 4 Criteria: determine need for, elimination, continuation, or reorganization of boards 1) Efficiency with which the board operates; 2) Identify board’s intended objectives, problem/need to be addressed, objectives achieved, and any other activities; 3) Alternative methods of performing responsibilities; 4) Extent to which the board is needed and used; 5) Extent to which board overlaps, duplicates, or could be consolidated with other boards; 6) Advise or recommendations provided staff or Council of changes or actions benefitting the City/citizens; 7) Whether the board encourages public participation and it has resulted in achieving the board’s goals; 8) Whether the board complies with the Texas Open Meetings Act or other applicable state and federal laws; 9) Identify loss of state/federal funds or grants if abolished. 5 Review Process: Staff Evaluation Staff Evaluation Extensive research and analysis to determine: ●the need for ●performance of, and ●improvements to boards. Staff ●Reviewed board surveys ●Received input from departments, legal, city secretary, & city manager ●Evaluated and identified issues ●Developed preliminary rec’ds ●Staff modifies rec’ds, drafts ordinances, & prepares agenda item 6 Review Process: City Council Consideration City Council Action City Council considers final recommendations City Council takes action Staff ●Final recommendations presented to city council ●Ordinances affecting boards adopted 7 Recommendation: 14 Boards Remain •Number advisory boards before review 28 - Number eliminated 15 + New board: Senior Corps Advisory Committee3 1 Total number of advisory boards after review 14 •Eliminate Mobility Planning Subcommittee4 •Parks & Recreation: 6 advisory boards remain (reduced from 13). ________________3 RSVP & SCP are the Retired Senior Volunteer Program and Senior Companion Program, respectively and merged.4 Mobility Planning Subcommittee of Transportation Advisory Commission 8 14Advisory Boards 9 •Airport Board •Animal Care Advisory Committee •Arts & Cultural Commission (Mayor) •Committee for Persons with Disabilities •Corpus Christi Commission on Children & Youth (15=8 adults; 7 youth) •Flood Hazard Mitigation Committee •Island Strategic Action Committee •Library Board •Marina Advisory Committee •Park & Recreation Advisory Committee •Sister City Committee (9 at-large) •Transportation Advisory Commission •Water Shore & Beach Advisory Committee •Senior Corps (Merges RSVP & SCP) Retain New Impact:More Focus on Mission & Goals Staff Time Supporting 28 Advisory Boards6 28 Advisory Boards Estimated Staff Hours Total Departments 4,188 $ 153k City Secretary 2,163 $ 43k City Council Time 270 $ 1k Total 6,303 $ 197k Savings: Boards & Subcommittee Estimated Staff Hours Total Departments 1,206 $ 35k Savings by Reallocating Staff Time 6 Note that at least 3 boards reported 0 support because they are no longer active. 10 •Efficient use of staff time and funding for department mission and goals •Strengthens and optimizes remaining advisory boards •more effective communication from remaining boards •more effective recruitment •under-utilized board members can move to other boards to effectively use their volunteer time •Reduces board vacancy rates and recruitment challenges •Eliminates duplication of boards or boards no longer active Benefits: Strengthens & Improves Overall 11 Next Steps Phase 1: City Council consideration of staff’s recommendation on Advisory Boards Phase 2: a) Review of current board & commission policy and ordinance •Consider best practices •Establish process for creation, elimination, continuation, or reorganization of a city board or commission. b) Review of Technical Boards 12 DATE:November 23, 2019 TO:Peter Zanoni, City Manager FROM:Miles Risley, City Attorney MilesR@cctexas.com 826-3360 CAPTION:Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. SUMMARY:The City Council has authorized real estate broker to sell the property at 7101 Edgebrook Drive and the broker has submitted the highest cash offer received. BACKGROUND AND FINDINGS:The City owns the lot at 7101 Edgebrook Drive. Texas Local Government Code Section 253.014 allows municipalities to utilize a broker services contract to sell properties to the buyer who submit the highest cash offer. An earlier offer of $20,000 was approved on June 25, 2019, however that transaction did not close. The broker has submitted the most recent highest cash offer of $18,000 which was received from James Magill. The propoerty will be sold “As- Is". The lot is approximately 0.1431 acres or 6235 square feet. Sale of vacant lot located at 7101 Edgebrook AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 ALTERNATIVES:An alternative to the sale would be for the City to continue to own and maintain the property. An alternative to the requested action to achieve similar results would be to present the item to the voters for approval. However, the proposed ordinance does not require voter approval. FISCAL IMPACT: The fiscal impact from the sale of this property is to produce $18,000 of additional General Fund revenue. Funding Detail: Fund:1020 General Fund Organization/Activity: 11020 General Govt. Revenue Mission Element:888 Revenue Project # (CIP Only): N/A Account:343590 Sale of City Property RECOMMENDATION: Approval of the Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill LIST OF SUPPORTING DOCUMENTS: Ordinance Contract DATE:December 2, 2019 TO:Peter Zanoni, City Manager FROM:Bill Mahaffey, Director of Gas BillM@cctexas.com 826-1801 CAPTION: Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC. SUMMARY: This ordinance authorizes the sale of the City’s interest in the vacant lot at 926 St. Bernard with the exception of the Utility easement which will remain under the City’s ownership. The Gas Department currently operates a 6 inch gas line within the remaining easement. BACKGROUND AND FINDINGS: The City acquired a gas pipeline in the Flour Bluff area from South Shore Pipeline in 2008. As part of the pipeline acquisition, the City acquired an interest in the vacant residential lot at 926 St. Bernard. Our research indicates that the City acquired 37.5% interest in the lot. Title records indicate that the co- owners of the lot are the City of Corpus Christi, Strategic Investment Solutions, LLC and Mighty Oak Energy, LLC. Strategic Investment Solutions desires to purchase the City’s interest in the lot. The Gas Department has no need for the lot other than to maintain the utility easement. The Nueces County Appraisal District records valued the lot at approximately $29,000 in 2015. Currently there is a 6 Inch gas line inside the easement that will remain under the City’s ownership and a 10 Inch abandoned gas main that is not needed by the Gas Department. Sale of City’s interest in vacant lot at 926 St. Bernard AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 ALTERNATIVES: The City can alternatively keep and maintain the lot with the shared interest, negotiate a price to purchase the remaining interest from Strategic Investment Solutions, LLC, or list the property and sell it to a 3rd party. These options would have to be renegotiated with Strategic Investment Solutions, LLC. FINANCIAL IMPACT: The approvalof the sale of the City’s interest in the vacant lot at 926 St. Bernard produces $7,500.00 in revenue for the City’s Gas Department Operating Fund No. 4130. Funding Detail: Fund: 4130 Gas Fund Organization/Activity: 34000 Gas Administration Mission Element: 888 Project # (CIP Only): N/A Account: 343590 Sale of Scrap/City Property RECOMMENDATION: Sell the City’s interest in the lot to Strategic Investment Solutions, LLC. LIST OF SUPPORTING DOCUMENTS: Ordinance Unimproved Property Contract Exhibit showing location Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC Whereas,the City acquired a gas pipeline from South Shore Pipeline in 2008 (the Pipeline Acquisition); Whereas,as part of the PipelineAcquisition, the City acquired apartialinterest in the vacant lot known as 926 St. Bernard by Quitclaim Deed from South Shore Pipeline in 2008; Whereas, title records indicate that the co-owners of the lot are the City of Corpus Christi, Strategic Investment Solutions, LLC and Mighty Oak Energy, LLC; Whereas, Strategic Investment Solutions desires to purchase the City’s interest in the lot and the City Gas department has no need or use for the property other than to retain the utility easement; Whereas,as provided by Texas Local Government Code Section 272.001 (k), the notice and bidding requirements for sale of property under Texas Local Government Code Section 272.001 (a) do not apply to a sale of land by a municipality operating a municipality owed electric or gas utility if the land is held or managed by the municipally owned utility provided that the governing body of the municipally owned utility shall adopt a resolution stating the conditions and circumstances for the sale or exchange and the public purpose that will be achieved by the sale or exchange; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1.The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sale of City’s interest is hereby approved: 926 St. Bernard, Corpus Christi, Texas, with legal description of Lot 7, Block 6, Highland Oaks Unit Two, Corpus Christi, Nueces County, Texas, to Strategic Investments Solutions, LLC. for $7,500. The City will retain the utility easement at the property. SECTION 3. That the sale of the City’s partial interest in the lot as provided for herein meets the public purpose of efficient management in the operation of the gas system. SECTION 4.That the City Manager and Assistant City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to all closing documents. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 30, 2019 TO:Peter Zanoni, City Manager FROM:Mike Culbertson, COO Corpus Christi Regional Economic Development Corporation mculbertson@ccredc.com (361) 882-7448 CAPTION: Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $133,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. SUMMARY: The Type A Board has approved a grant of $133,000 for Del Mar College Contract Resource Center to pay for staff and support to help small businesses qualify for and to bid on procurement contracts with large companies. Especially those new to our area. The Type A Grant for Del Mar College’s Contract Resource Center runs from January 1, 2020 through December 31, 2020 BACKGROUND AND FINDINGS: Del Mar College proposes to create/staff/support a specific technical assistance program with a Contractor Support focus. This Contractor Resource Center (CRC) will be housed with the SBDC and PTAC. All three programs will work in concert to address the specific needs of each client who seeks assistance from the center. The lead advisor for this program will have extensive experience with large industry qualification standards, processes and requirements. Services will be delivered primarily via one-on-one advising as so many of these topics and issues are going to be unique to each business and confidentiality will be paramount. The goal of this effort will be to prepare as many as possible of the local contractors to be viable business vendors for existing and upcoming large-industry opportunities. Nueces County has over 2,200 construction/manufacturing/oilfield service/transportation firms. A good portion of them are not currently organized to be qualified to do business with large firms. There is a lot of potential to develop a strong, qualified base of support vendors. Many firms already have most of the pieces they need; they just need assistance with organizing, presenting and marketing themselves to Extend Grant for Del Mar College Contract Resource Center Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 be competitive. In addition to one-on-one advising, the Center will also organize and conduct training workshops on the more general topics to address the need for this information on a broader scale. The primary goal of the CRC will be to prepare existing local small companies to be qualified to meet the procurement needs of industry. The Board approved the terms of this agreement on October 15, 2018. The Council approval wasn’t until February of 2019. Since the Center opened on April 1, 2019, they have worked with 35 clients and those clients have been awarded two contracts and they have created 2 jobs as a result. The Center has held two training events and had 144 attendees. There are nine industrial partners signed up with CRC. The Type A Board approved the renewal on October 28, 2019. ALTERNATIVES: The Board could decide not to continue the program or to move funds to another program. FISCAL IMPACT: This Type A grant has been approved by the Type A Board for $133,000 out of Type A funds. FUNDING DETAIL: Fund: 1140 Business and Job Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: 707 Economic Development Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approving the renewal of the grant for $133,000 for the CRC program. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Renewal of Program Small Business Incentive Agreement renewal– Del Mar CRC Page 1 of 2 @BCL@AC0E6429.docx CRC Ordinance approving Renewal No. 1 to the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide a grant up to $133,000 for the Contractor Resource Center program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business and Job Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Renewal No. 1 of the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (the “Type A Corporation”) and Del Mar College (“Del Mar”) providing a grant of $133,000 to fund Del Mar College’s Contractor Resource Center as approved by the Type A Corporation on October 28, 2019, is approved. SECTION 2. That $133,000 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar to fund their Contractor Resource Center Program. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating Budget, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $133,000 for a business incentive grant from the Type A Corporation to Del Mar to fund their Contractor Resource Center Program. This ordinance takes effect upon City Council approval on this the _____ day of ___________________, 2019. ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 @BCL@AC0E6429.docx CRC That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 23, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, Director Development Services AlRaymond@cctexas.com (361) 826 - 3276 CAPTION: Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17- foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. (District 1). SUMMARY: The purpose of this ordinance is to close, abandon, and vacate a 25-foot wide by approximately 993.17- foot long utility easement. The utility easement runs diagonally across the applicant’s property and prevents the development of Callicoatte Estates Unit 5, a planned residential subdivision. BACKGROUND AND FINDINGS: Luxury Spec Homes, Inc. (owner) is requesting the City to close, abandon and vacate a 25-foot wide by approximately 993.17-foot long utility easement in order to develop a planned residential subdivision. The preliminary plat for the planned subdivision was approved by Planning Commission on May 29, 2019, will contain 126 buildable lots, and will include a storm water retention pond. The property is located within the Calallen Independent School District and is zoned RS - 4.5. The easement contains an abandoned legacy city water line, running diagonally across the property, that was built on April 1, 1944. The water line was abandoned and has since been replaced by the Utilities Department with a 48 and 60-inch water line along Callicoatte Road. The installations of the new water lines were completed December 1954 and October 26, 2001 respectively. Easement Closure for Callicoatte Estates Unit 5 AGENDA MEMORANDUM First Reading Ordinance for December 10, 2019 Second Reading Ordinance for December 17, 2019 The closure of the easement with the abandoned water line poses no legal liability to the city and water utilities has stated no objections to the easement closure. Additionally, there are no other franchise or public utilities located within the easement. The developer has stated they do not intend to remove any part of the abandoned water line during the construction of the planned subdivision. The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant’s request and have them redesign the subdivision so it does not require the closure of the easement. This may reduce the number of buildable lots and negatively affecting the project by making it too costly to pursue at the present time. As a result, the applicant may delay the start of the project to a future date when they have a new development plan does not require the easement closure. FISCAL IMPACT: There is no fiscal impact associated with this closure, however, the City will gain the tax revenue of 126 homes when the subdivision is completely built out. Funding Detail:N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant’s request. The closure of the easement will support the growth of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17-foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. WHEREAS, Luxury Spec Homes, Inc. (Owner) is requesting the closure, abandonment and vacating of a 25-foot-wide by approximately 993.17-foot-long, (24,136 sq. ft.) portion of an existing utility easement in Callicoatte Estates Unit 5, located at 3802 Callicoatte Road. WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate this portion of the utility easement, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Luxury Spec Homes, Inc. (Owner), a 25-foot-wide by approximately 993.17-foot long, 0.554-acre (24,136 sq. ft.) utility easement being out of Gregorio Farias Grant 24.624 ACS out of Tract 12 ABS 592, also known as, Callicoatte Estates Unit 5, is closed, abandoned, and vacated by the City of Corpus Christi (“City”), subject to the Owner’s compliance with the conditions specified in Section 2 of this ordinance. Exhibit “A,” which is a metes and bounds description and field notes, “Exhibit B”, which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to Luxury Spec Homes, Inc. SECTION 2. The closing, abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners’ compliance with the following requirements: a.Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owner’s expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b.Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Exhibit A Exhibit B HEARN RDCALLICOATE RDLEO P A R D S T NOLFORD PLLOTT AVESIERRA STCH A M I Z A L S TMOUNTAIN VIEW DRREHFELD RDFM 1694 ME S A A V E DUNSTAIN STWOODLAND CREEK DRPERNITAS CREEK DRVELDA DRWIRT AVEWILLOW HEIGHTS DRDEVILS CREEK DRSANDY HOLLOW CREEK DRJACOB S T IH 69FM 1694VIOLET RDFM 24NORTHWEST BLVD IH 37MCKINZIE RDCALLICOATTE RDUP R I V E R R D µ 0 800400Feet LOCATION MAP Date Created: 10/24/2019Prepared By: JeremyMDepartment of Development Services EASEMENTCLOSURE EASEMENT CLOSURE Located: FARIAS G GRANT, 24.624 ACS OUT OF TRACT 12 ABS 592 Boundary of Property: CALLICOATE ESTATES UNIT 5 SUBDIVISION EASEMENT CLOSURE City Council Presentation December 10, 2019 Easement Closure for Callicoatte Estates Unit 5 Vicinity Map NCallicoatte Estates Unit 5 Aerial Overview NCallicoatte Estates Unit 5 25’ Utility Easement Staff Recommendation Approval The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. Approved Preliminary Plat AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 ______________________________________________________________________ DATE:November 15, 2019 TO:Peter Zanoni, City Manager FROM:Alma Casas, Interim Director of Finance and Business Analysis AlmaC@cctexas.com (361) 826-3610 CAPTION: Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. SUMMARY: The amendment to the Depository Services Agreement will modify the collateral requirement from a specific dollar amount of at least $30,000,000 for the City of Corpus Christi and at least $4,000,000 for the Corpus Christi Community Improvement Corporation (CCCIC) to a percentage amount of at least 110%. The amendment will also extend the term of the contract for the final one-year extension. BACKGROUND AND FINDINGS: The City of Corpus Christi Investment Policy requires that the value of pledged securities must be at least 102% of deposits including accrued interest. The Amendment to the Depository Services Agreement with Frost Bank will require at least 110% of deposits including accrued interest. Market conditions have allowed the City to significantly reduce the level of deposits needed to maintain account offsetting balances Amendment to the Depository Services Agreement with Frost Bank to cover banking service fees. Therefore, the City no longer needs to maintain a $30,000,000 balance in the City of Corpus Christi bank accounts and $4,000,000 in the Corpus Christi Community Improvement Corporation (CCCIC) bank accounts to cover the banking fees. A change to at least 110% will allow for interest rate fluctuations. In addition, an amendment is required to extend the term for the final year of the contract. ALTERNATIVES: If the amendment to the Depository Services Agreement is not modified to change from a specific dollar amount to a percentage, then Frost Bank will continue to maintain excess collateral on the City and CCCIC deposits. Additionally, not extending the term of the contract will leave the City and CCCIC without a depository bank. FISCAL IMPACT: The estimated annual fees for this agreement are $190,932. These fees are offset by compensating balances. The City maintains a balance with Frost Bank and receives an earnings allowance. This earnings allowance is used to offset the monthly bank service fees. Therefore, no payment is due if the monthly bank service fees are less than the earnings allowance. Funding Detail: Fund:1020 – General Fund Organization/Activity:10830 – Cash Management Mission Element:184 – Treasury for debt and cash management Project # (CIP Only): Account:540030 RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Frost Bank Depository Contract Amendment Ordinance Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020 Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1.The City Manager or designee is authorized to execute an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. That the foregoing ordinance was read for the first time and passed to its second reading on this the 10th day of December, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the 17th day of December 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020, and ending December 31, 2020. WHEREAS, the City of Corpus Christi and Frost Bank entered into a Depository Services Agreement and associated agreements (collectively, the “Agreement”) for the provision of depository, banking, and security services, effective January 1, 2016, for an initial term of three years, with two optional one-year extensions; WHEREAS, the Agreement includes requirements for both minimum dollar amounts and stated percentages of pledged collateral; and WHEREAS, the parties desire to execute an amendment (“First Amendment”) to the Agreement to modify specific collateral provisions to effect changes deemed beneficial and necessary by the parties and to extend the term of the Agreement through December 31, 2020. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council agrees to modify specific collateral provisions in the Depository Ser- vices Agreement, Bank Depository Agreement, and Security Agreement (collectively, the “Agreement”) executed with Frost Bank, as such provisions are set out in the First Amendment to the Agreement. A copy of the First Amendment is attached to and incor- porated in this ordinance as if set out here in its entirety. Furthermore, the City Council authorizes the City Manager, or his designee, to execute all necessary documents re- lated to the purposes of the First Amendment to put into effect the changes deemed beneficial and necessary by the parties, to include an extension of the Agreement commencing January 1, 2020, and ending December 31, 2020. The foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ____________________, 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the _____ day of ____________________, 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez Page 2 of 2 PASSED AND APPROVED on the _____ day of ____________________, 2019. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE:November 27, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jermel Stevenson, Director of Parks and Recreation jermels@cctexas.com (361) 826-3042 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. SUMMARY: The purpose of this item is to restore Fall Zone safety measures to the Water’s Edge park playground through execution of a change order to the Bayshore Park Improvement contract. The playground’s poured-in-place flooring is deteriorating and making the playground unsafe for the public to use. BACKGROUND AND FINDINGS: Change Order #3 - Playground Area Improvements: This Change Order provides for improvements to the Bayshore Park Playground Area for a total not to exceed $234,745. Work includes removal of the existing fall zone protection and subgrade, installation of a new concrete pad in playground area, installation of new fall zone protection on top of new concrete pad. Change Order No. 3 Bayshore Park Improvement Project (Bond 2008) AGENDA MEMORANDUM First Reading Item for the City Council Meeting of December 10, 2019 Action Item for the City Council Meeting of December 17, 2019 The poured-in-place flooring of the playground is slowly deteriorating and failing particularly in the area of the “globe motion” equipment, but also in other random areas throughout. It’s been determined that the lack of appropriate base and drainage, performed by a separate contractor not associated with the design builder is the cause of the deteriorated poured-in-place flooring. The work covered on the proposed change order includes removal and re-installation the play equipment, demolition of the existing flooring, construction of a concrete slab on limestone base, installation of drainage pipes and installation of new pour-in-place flooring. The Bayshore Park Improvement Project was approved by City voters in November 2008. After completion of street re-alignment work, a separate contract for park development was approved by City Council on March 29, 2016. The project was awarded as a design-build contract to Fulton- Coastcon in the amount of $5.08 Million. The original contract scope includedlimited improvements for a dog park located in McCaughan Park and superficial pier improvements at McGee Beach and did not include the playground installation. Prior Change Orders: On April 25, 2017, City Council approved the acceptance and appropriation of private donations for the further development of the dog park. The $126,000 private donation funded the portion of Change Order No. 1 that provided additional amenities to the dog park. On May 15, 2017, the Type A Board approved using $500,000 available in the approved FY ’16-17 Seawall CIP plus an additional $86,326 of Type A proceeds for improvements to the McGee Beach Breakwater Pier. The additional improvements included a shade structure, structural repairs, landscape features, aesthetic improvements and a new walkway connected to the breakwater cap. In August of 2018, City Council approved an agreement with TAMU-CC for naming rights and the use of facilities at Water’s Edge and McGee Beach. The agreement covered improvements at McGee Beach for sand volleyball and the covered multi-purpose “Islander’s Pavilion.” The improvements were donated to the university by Fulton-Coastcon. The City issued a zero-dollar change order to the Water’s Edge construction contract for installation of the improvements. The contract has been kept open to allow for future donation agreements. CHANGE ORDER #3 TIMELINE: 2019 DEC JAN FEB MAR Award 2020 Construction ALTERNATIVES: Alternative funding sources for the demolition and replacement of the playground poured-in-place surface could be sought through the Community Enrichment fund. However, it would compete with other identified improvement projects. FISCAL IMPACT: Approval of this item will award a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas in the amount of $234,745 for restoration of Fall Zone safety measures at Bayshore Park Playground Area (Water’s Edge Park). The project is located in City Council District No. 1 and will begin upon issuance of a notice to proceed. On October 28, 2019, the Corpus Christi Job Development Corporation approved a Resolution providing $350,000 in Seawall Type A Funding for this project. This item will amend the Capital Improvement Program budget and transfer and align funding for this element of safety work. FUNDING DETAIL: Fund: Seawall System CIP Fund (3271) Mission Elem: Economic Development (ME #707) Project No.:Design Build Services Bayshore Park (E15152) Account:Construction (Account #550910) Activity: E15152-01-3271-EXP RECOMMENDATION: City staff recommends authorization to execute Change Order No. 3 in the amount of $234,745 to add work items related to the Bayshore Park Playground Area improvements. LIST OF SUPPORTING DOCUMENTS: Ordinance Change Order #3 Location Map Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi (“City”) passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements for the life thereof to be imposed for 25 years; WHEREAS,the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board (“Board”); WHEREAS, the City has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for certain infrastructure improvements, namely the repair of the poured-in-place flooring at The Water’s Edge Park playground (the “Project”); WHEREAS, the Board and the City Council have previously treated the travel lane of Shoreline Boulevard as the boundary of the Seawall for purposes of the Seawall Improvement Fund; WHEREAS, due to the realignment of Shoreline Boulevard, the original right-of-way for the street is now included within the boundary of The Water’s Edge Park and closed to all traffic and the current travel lane of Shoreline Boulevard is on the other side of the park, thus adjusting the boundary so that access to the playground does not require passing a travel lane on Shoreline Boulevard; WHEREAS, The Water’s Edge Park is a crucial entertainment destination in the downtown, which attracts visitors and improves the economic development value of the downtown Seawall, and the repair of the poured-in-place flooring will serve to increase the value of the Seawall to the citizens of the City; WHEREAS, the poured-in-place flooring in its current state of disrepair has become a blight on The Water’s Edge Park and a detriment to the entertainment and tourist value of the downtown Seawall, necessitating such repairs, and; WHEREAS, The Water’s Edge Park is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City’s voters. NOW THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Board specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. In accordance with its previous resolution from June of 2018, the Board maintains that the boundary of the seawall improvements shall include public improvements that are connected to the downtown seawall without passing a travel lane on any public street and flood protection features necessary to the downtown seawall flood protection system. As the poured-in- place flooring falls directly into this definition, it is an eligible seawall improvement. SECTION 3. The Water’s Edge Park is included in the definition of “improvements to the downtown seawall” in Proposition 4 approved by the City’s voters on November 7, 2000, because the park contributes to the value of the downtown seawall for economic development purposes and tourism purposes and connects to and includes portions of the Seawall within its boundary. SECTION 4. The Corpus Christi Job and Development Board authorized the City’s Parks and Recreation Department, as an agent of the Corporation, to proceed with the Project in an amount not to exceed $350,000, after City Council approval. SECTION 5.The Corpus Christi Operating and Capital Budget for FY ’20 adopted by Ordinance No. #031870 is amended to appropriate $350,000 from the unreserved fund balance in Fund 1120 Seawall Improvements Fund and transferred and appropriated in Seawall CIP Fund 3271 increasing revenues and expenditures in the amount of $350,000. SECTION 6. The Corpus Christi Operating and Capital Budget for FY ’20 adopted by Ordinance No. #031870 is amended to add the Bayshore Park Playground (Water’s Edge Park) Project. SECTION 7. A change order in an amount not to exceed $234,745 is authorized for Fulton Coastcon, Inc. of Corpus Christi, Texas for restoration of Bayshore Park Playground Area (Water’s Edge Park). The work, located in City Council District 1, will not proceed until a notice to proceed has been issued. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez________________ That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo________________Greg Smith ______________ Gil Hernandez________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor CHANGE ORDER NO:3 CHANGE ORDER DATE: PROJECT:Bayshore Park - Design Build PROJECT NUMBER: CONTRACTOR:Fulton Construction, Coastcon ORIGINAL CONTRACT TIME:350 CD's ENGINEER:Fulton Construction, Coastcon ADDITIONS Quantity Unit Unit Price 1 Parks and Rec Play Area Fall Zone Restoration 1 LS $ 234,745.00 2 1 LS $ - 3 1 LS $ - 4 1 LS $ - 5 1 LS $ - 6 1 LS $ - 7 1 LS $ - 8 1 LS $ - 9 1 LS $ - 10 1 LS $ - Additions Total: DELETIONS 1 -1 LS $ - 2 -1 LS $ - 3 -1 LS $ - 4 -1 LS $ - 5 -1 LS $ - 6 -1 LS $ - 7 -1 LS $ - 8 -1 LS $ - 9 -1 LS $ - 10 -1 LS $ - Deletions Total: Additional Calendar Days requested 978 NET TOTAL OF THIS CHANGE ORDER: Original Contract Amount Total Change Order Contingency Amount (25%) Remaining Available Contingency Amount (including this CO) Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion CD's Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time CD's Additional Time on This Change Order CD's Revised Contract Time for Substantial Completion CD's Revised Substantial Completion Date REVIEWED BY:Fulton Construction, Coastcon REQUESTED BY:Fulton Construction, Coastcon Date Date FUND:FUND:ACCOUNT:ACCOUNT:ACTIVITY:ACTIVITY:AMOUNT:AMOUNT: RECOMMENDED BY:APPROVED BY: Brett Van Hazel Date Mark Van Vleck, P.E.Date Construction Engineer Assistant City Manager RECOMMENDED BY: Eddie Houlihan, Director Date Kent Mcilyar Date Management and Budget Assistant City Attorney Make the following additions, modifications or deletions to the work described in the Contract Documents: $234,745.00 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 11/13/2019 E15152 $234,745.00 Total $ 234,745.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $0.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 5/16/2016 Why was this Change necessary: The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. $ 5,080,000.00 $ 1,270,000.00 $ 322,929.00 $ 712,326.00 $ 234,745.00 $ 6,027,071.00 18.64% 350 Client requested additional Fall Zone Resoration to existing Park Play Area. Type A Board agreed to provide Funding to accomplish Restoration Work. The Contract Time Extension accounts for pending scope resolution, pricing negotiations and additional time to perform work (to be determined at a later date). APPROVED AS TO FORM: CITY OF CORPUS CHRISTI 5/1/2017 63 978 1391 3/7/2020 Page 1 of 1 Resolution approving funds for The Water’s Edge Playground Fall Zone Restoration Project in an amount not to exceed $350,000 with funding made available from the Seawall Fund WHEREAS, on November 7, 2000, residents of the City of Corpus Christi (“City”) passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements for the life thereof to be imposed for 25 years; WHEREAS,the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2001, to be administered by the Corpus Christi Business and Job Development Corporation Board (“Board”); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for certain infrastructure improvements, namely the repair of the pour-in-place flooring at The Water’s Edge Park playground (the “Project”); WHEREAS, the Board and the City Council have previously treated the travel lane of Shoreline Boulevard as the boundary of the Seawall for purposes of the Seawall Improvement Fund; WHEREAS, due to the realignment of Shoreline Boulevard, the original right-of- way for the street is now included within the boundary of The Water’s Edge Park and closed to all traffic and the current travel lane of Shoreline Boulevard is on the other side of the park, thus adjusting the boundary so that access to the playground does not require passing a travel lane on Shoreline Boulevard; WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, The Water’s Edge Park is a crucial entertainment destination in the downtown, which attracts visitors and improves the economic development value of the downtown Seawall, and the repair of the pour-in-place flooring will serve to increase the value of the Seawall to the citizens of the City; WHEREAS, the pour-in-place flooring in its current state of disrepair has become a blight on The Water’s Edge Park and a detriment to the entertainment and tourist value of the downtown Seawall, necessitating such repairs; WHEREAS, The Water’s Edge Park runs along the Seawall and includes within its boundaries such Seawall features as McGee Beach, one of the Miradores, and portions of the Seawall structure itself; and WHEREAS, The Water’s Edge Park is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City’s voters. NOW THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT: SECTION 1. The Board specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. SECTION 2. In accordance with its previous resolution from June of 2018, the Board maintains that the boundary of the seawall improvements shall include public improvements that are connected to the downtown seawall without passing a travel lane on any public street and flood protection features necessary to the downtown seawall flood protection system. As the pour-in-place flooring falls directly into this definition, it is an eligible seawall improvement. SECTION 3. The Water’s Edge Park is included in the definition of “improvements to the downtown seawall” in Proposition 4 approved by the City’s voters on November 7, 2000, because the park contributes to the value of the downtown seawall for economic development purposes and tourism purposes and connects to and includes portions of the Seawall within its boundary. SECTION 4. The Board authorizes the City’s Parks and Recreation Department, as an agent of the Corporation, to proceed with the Project in an amount not to exceed $350,000, after City Council approval. ATTEST:CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION By: _______________________By: ____________________________ Rebecca Huerta President Assistant Secretary Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Scott Harris ______________ Leah Olivarri ______________ Diana Summers ______________ Robert Tamez ______________ Lee Trujillo ______________ John Valls ______________ Alan R. Wilson ______________ 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DESIGN - BUILD SERVICES FOR BAYSHORE PARK LOCATION MAP NOT TO SCALE Project Number: E15152 Project Location N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES DESIGN - BUILD SERVICES FOR BAYSHORE PARK VICINITY MAP NOT TO SCALE Project Number: E15152MCGEE BEACHS. SHORELINE BLVD.PARK AVE. Project Location FURMAN AVE BAYSHORE PARK S. WATER ST.BROADWAY CT. BORNE ST. 1 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx DATE: December 10, 2019 TO: Mayor and City Council FROM: City Attorney CAPTION: ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH SUMMARY: The attached ordinance was placed on the City Council agenda by request of four Council Members pursuant to Section 16.d. of the City Council Policies, which read as follows: 16. d. Agenda. The City Council agenda will be prepared and assembled jointly by the City Manager and the City Secretary in a format consistent with the Open Meetings Act, subject to modification by Council directive. Items may be placed on the agenda by the Mayor, City Manager, or four members of the City Council who shall confirm their request with the office of the City Secretary. A member wishing to place an item on the agenda shall notify the City Secretary. The City Secretary may place presentations, items of a ceremonial nature, Board, Commission and Committee appointments, and items affecting his office on the agenda. The subject matter of agenda items shall be subject to Council action, unless the item is limited to discussion. The City Attorney objects to this ordinance pursuant to the attached Objection to Ordinance Presented to Council filed pursuant to subsections (c) and (e) of Article IV, Section 10 of the City Charter. The City Charter requires the objection to be maintained by the City Secretary as a “public record”. Accordingly, the objection and underlying legal authority for said objection is exempt from the confidentiality that would otherwise be provided for Attorney-Client communications. Recommendations from the attorney for resolving objections to this ordinance would still be confidential attorney-client communications for which closed session communications would be appropriate. Article IV, Section 10 of the City Charter provides, in relevant part: Sec. 10. - Legal department. . . . Responsibilities and duties of the city attorney shall include: (c) Drafting and filing approvals or written objections to all ordinances presented to council; (d) Reviewing and filing approvals or written objections to all contracts, franchises and other legal documents subject to city council approval and others as to form prior to execution by the city; (e) All written objections as set forth above shall be maintained by the city secretary as public records; . . BACKGROUND AND FINDINGS: Undetermined. This is not a staff-recommended item. ALTERNATIVES: Legal alternatives may be presented by the City Attorney in executive session. FISCAL IMPACT: Undetermined. This is not a staff-recommended item. RECOMMENDATION: City staff does not recommend approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Request for Ordinance to be placed on Agenda, Objection to Ordinance Presented to Council ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 10, 2019 Second Reading Ordinance for the City Council Meeting December 17, 2019 2 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 3 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 4 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx Objection to Ordinance Presented to Council Non-Privileged and Public pursuant to Article IV, Sec. 10 of Charter of the City of Corpus Christi To: City Council, City Manager, and City Secretary From: Miles Risley, City Attorney Date: December 16, 2019 Subject: City Charter Mandated Objection to Ordinance with provisions that do not comply with applicable superseding Laws Issue: Legal Review of Ordinance Authorizing a Navigable Canal on North Beach submitted for City Council approval by Four Council Members pursuant to Council Policy for approval on its meeting of December 10, 2019. Summary Answer: I hereby object to the attached Ordinance Authorizing a Navigable Canal on North Beach (the “proposed ordinance”) submitted for City Council approval by Four Council Members pursuant to Council Policy for approval on its meeting of December 10, 2019. I am required by Article IV, Section 10 of the Charter of the City of Corpus Christi (“City Charter”) to object to ordinances that are not legal. The proposed ordinance is not legal because: 1. The proposed ordinance establishes an obligation involving an expenditure of money and is not accompanied by a certification of funds of the director of finance as required by Article IV, Section 7 of the City Charter. 2. The proposed ordinance requires excavation and placement of fill that is not permitted in accordance with local, state, and federal law unless the City successfully applies for and obtains all necessary permits for construction of the canal, which could delay construction beyond January 1, 2025 or require modifications to design, potentially subjecting the City to liability under an estoppel theory. 3. The proposed ordinance provides for execution of an agreement that contains municipal obligations that are indefinite in amount and therefore violate the City Charter and the Texas Constitution. 4. The proposed ordinance provides for execution of an agreement that contains rebates that are not legally permitted in the absence of contractual provisions restricting expenditures of such funds for statutorily permitted purposes. 5. The proposed ordinance provides for execution of an agreement that mandates execution of a lease that is longer than is permitted by the City Charter in the absence of a 28-day delay in second reading and is otherwise not permitted by State law. 6. The proposed ordinance provides for execution of an agreement that mandates expenditure of Tax Increment Reinvestment Zone (TIRZ) funds that are not authorized by a Financing Plan approved by the TIRZ board. 7. The proposed ordinance provides for execution of an agreement that contains counter-party obligations that may be so indefinite as to undermine a potential municipal public purpose for the obligations therein. 8. The proposed ordinance provides for execution of an agreement that contains an obligation to effectively transfer (90-year lease) property to which the City does not have fee simple ownership. 5 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 9. The proposed ordinance provides for execution of an agreement that may violate Article IX, Section 4 of the City Charter, which requires City Council approval of any assignment of a lease. 10. The proposed ordinance provides for execution of an agreement that may violate Chapters 252 and 271 of the Texas Local Government Code and Chapter 2269 of the Texas Government Code via the requirement to pay general fund revenues to the Developer as a design/build contractor. Discussion: This memorandum is an objection to the proposed Ordinance Authorizing a Navigable Canal on North Beach pursuant to subsections (c) and (e) of Article IV, Section 10 of the City Charter. The City Charter requires it to be maintained by the City Secretary as a “public record”. This City Charter provision constitutes a City waiver of the attorney-client privilege for this type of objection. Accordingly, the objection and underlying legal authority for said objection is exempt from the confidentiality that would otherwise be provided for Attorney-Client communications. Recommendations for resolving such objections would be confidential attorney-client communications for which closed session communications would be appropriate. Article IV, Section 10 of the City Charter provides, in relevant part: Sec. 10. - Legal department. . . . Responsibilities and duties of the city attorney shall include: (c) Drafting and filing approvals or written objections to all ordinances presented to council; (d) Reviewing and filing approvals or written objections to all contracts, franchises and other legal documents subject to city council approval and others as to form prior to execution by the city; (e) All written objections as set forth above shall be maintained by the city secretary as public records; . . . The proposed ordinance provides as follows: ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the City of Corpus Christi (the "City") understands that a canal would address drainage issues on North Beach which would benefit all the citizens and property owners on North Beach apart from future development; and WHEREAS, Blackard Global and its affiliates and partners (the "Developer") is relying on the promises and commitments of the City in order to proceed with their North Beach development plans; and WHEREAS, the City and the Developer have been in discussions for approximately two years regarding the North Beach development; and WHEREAS, Urban Engineering presented on October 29th, 2019 to the City, a navigable canal option (the "Navigable Canal"); and WHEREAS, the Developer has presented term sheet to the City in response to a proposal from the City on November 18th, 2019 which has a fixed price for the Navigable Canal of $41.2 million, among other terms (the 'Term Sheet"); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTl, TEXAS HEREBY PASSES THIS ORDINANCE TO TAKE ALL NECESSARY STEPS TO ACHIEVE THE FOLLOWING: 1. The City will build the Navigable Canal using its own financing and development oversight with a completion of no later than January 1, 2025. Or; 2. The City and the Developer will execute definitive documentation having the effect of documenting the terms of Term Sheet, and agreeable to both parties, which will result in the Developer building the Navigable Canal. If the City and the Developer cannot agree on definitive documentation by June 1, 2020, then the City will proceed according to provision number one, immediately above. 6 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx The term “Navigable Canal” in the proposed ordinance refers to the canal presented to the City Council on October 29th. For purposes of this memo, it is presumed to be the Option 3 presented to City Council on that date. The term “Term Sheet” is believed to be the term sheet first provided to this office on November 22, 2019. For quick reference purposes, the documents assumed herein to have been incorporated into the proposed ordinance are attached to this memo and are labeled as “Navigable Canal” and “Term Sheet.” The authority substantiating these objections to the proposed ordinance is as follows: 1. The proposed ordinance establishes an obligation involving an expenditure of money and is not accompanied by a certification of the director of finance as required by Article IV, Section 7 of the Charter of the City of Corpus Christi. Article IV, Section 7 of the City Charter provides that any obligation of the City may only be funded with identified funds available in the City’s budget and appropriated for such purpose. Any ordinance requiring the expenditure of funds must be accompanied by a certificate of funds. More specifically, Article IV, Section 7 of the City Charter provides: Sec. 7. - Funds in treasury. No contract, agreement or other obligation involving an expenditure of money requiring approval by the City Council shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the council or be authorized by any officer of the city, except in the case hereinafter specified, unless the director of finance first certifies to the council, or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation. The proposed ordinance fails to identify a source of funding or appropriate sufficient funds for the purpose of constructing the Navigable Canal. As such, the proposed ordinance creates an unfunded liability for the City in violation of the City Charter. The proposed ordinance also does not include a certification from the director of finance that adequate funds are available in the treasury. Such certification cannot be provided without reference to an identified source of funding that City Council is appropriating for this purpose. Accordingly, the proposed ordinance creates an unfunded liability of the City in violation of the City Charter. Further, while there is a suggestion in one “Whereas” of the proposed ordinance that the funding for the canal will be limited to $41.2 million, there is no such limiting language in Section 1, which mandates that the City construct the navigable canal. Should the City choose to proceed under Section 1, rather than enter into an agreement with the Developer, the City’s liability is unlimited by the language in the ordinance and indefinite. Sufficient funds to cover this indefinite liability have not been identified or appropriated and cannot be so identified or appropriated without an express limitation on the funds to be expended in the proposed ordinance. This sort of indefinite liability without a funding source is not permitted by the City Charter or the Texas Constitution, which will be further discussed in 3 below. There is an argument that Section 1 does not constitute an “obligation” of the City to build the canal by January 1, 2025 because the first alternative provision does not contain an enforcement mechanism. That argument would be put into serious question by the second “Whereas” clause of the ordinance that states “Blackard Global and its affiliates and partners (the "Developer") is relying on the promises and commitments of the City in order to proceed with their North Beach development plans.” This reliance provision could create a basis for an express estoppel claim against the City if the City fails to complete construction of the canal by January 1, 2025. Under current law, a City immunity defense might succeed, 7 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx but the reliance mechanism is so specifically expressed by the underlined clause that a trial judge could determine the City was estopped from modifying its plans.1 2. The proposed ordinance requires excavation and placement of fill that is not permitted in accordance with local, state, and federal law unless the City successfully applies for and obtains all necessary permits for construction of the canal, which could delay construction beyond January 1, 2025 or require modifications to design, potentially subjecting the City to liability under an estoppel theory. Section 1 of the proposed ordinance mandates that the City build the Navigable Canal, but does not require compliance with local, state and federal law or permitting requirements or account for the possibility that some or all of the proposed canal might not be permittable within the required timeframe. Several state and federal agencies and regulations, including those of the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality, and the Federal Emergency Management Agency, must be considered in construction of a navigable canal on North Beach because the construction requires substantial excavation and use of fill materials. The described excavation and fill can have impacts on the neighboring property that are prohibited or otherwise limited by Texas and federal law. The principal federal statute regulating activities in wetland areas is the Federal Water Pollution Control Act, commonly referred to as the U.S. Clean Water Act. See 33 USCA §§ 1251 et seq. & §§ 401 et seq. The Army Corps of Engineers is primarily charged with oversight of wetlands permitting, with guidance from EPA. Determining the permits required for construction of the canal would normally occur during the design process, involve a review of potential wetlands areas, and involve consultations with the Corps of Engineers. The consultations and requirements by the Corps of Engineers could push the completion date back by several years, making a January 1, 2025 completion date unrealistic, and thereby subjecting the City to potential estoppel liability under #1 above. 3. The proposed ordinance provides for execution of an agreement that contains municipal obligations that are indefinite in amount and therefore violate the City Charter and the Texas Constitution. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet contains municipal obligations that are not fixed amounts and are therefore indefinite. While there is a note in one “Whereas” of the ordinance suggesting that the Term Sheet limits the cost to a set amount of $41.2 million, there is no such limiting language in either the Term Sheet or Section 2 of the proposed ordinance. In addition to the $41.2 million for the cost of the canal, the Term Sheet specifically requires that the City fund the following: A. Phase I and Phase II environmental assessments of all City assets on North Beach; B. Site-specific engineering study including soils testing, proposed construction specifications, and hydrologic performance; C. Assistance to the Developer in obtaining all necessary permits from State and Federal authorities; and D. Waiver or reimbursement of all City permit, inspection, and administrative cost; 1 “[t]here is authority for the proposition that a municipality may be estopped in those cases where justice requires its application, and there is no interference with the exercise of its governmental functions.” Prasifka, 450 S.W.2d at 836. This exception, however, “is applied with caution and only in exceptional cases where the circumstances clearly demand its application to prevent manifest injustice.” CHW-Lattas Creek, L.P. by GP Alice Lattas Creek, L.L.C. v. City of Alice, 565 S.W.3d 779, 790 (Tex. App. 2018), review denied (Aug. 30, 2019). 8 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx The Term Sheet further requires that the City enter into a Deficiency and Shortfall agreement with the Developer to provide annual payments for “Development Funding” that include the unspecified costs of financing “plus a one-hundred (100)”. The Term Sheet also requires the City to indemnify the Developer as follows: Other than claims arising from the activity of the Developer itself, the City will indemnify the Developer, its managers, its employees, its agents, and its affiliates from any and all claims related to any naturally occurring liabilities such as environmental clean-up, environmental enforcement actions, fines, civil litigation of environmental matters, and other such liabilities as agreed by the parties such as governmental enforcement of City designed systems such as sanitary sewer, civil litigation from the use of public facilities, and increased costs associated with incomplete or incorrect documentation of City assets which will be tied-in to Developer provided improvements. The indemnity will be paid on an as-incurred basis. Developer shall have the right to settle any claims and control any defense. At the discretion of the Developer, the Developer may pursue a defense independent of the City. These additional obligations create an indefinite liability for the City.2 Indefinite and undefined debt obligations by the City are prohibited by Article IV, Section 7 of the City Charter (see 1 above) and Article XI, Sections 5 and 7 of the Texas Constitution3, which prohibit the creation of municipal debt unless a provision is made to assess and collect annually a sufficient sum to pay the interest thereon and create a sinking fund of 2%. 4. The proposed ordinance provides for execution of an agreement that contains rebates that are not legally permitted in the absence of contractual provisions restricting expenditures of such funds for statutorily permitted purposes. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer, based on the Term Sheet. The Term Sheet requires reimbursement of all Hotel Occupancy Tax (HOT tax) collected on North Beach. HOT Tax is a restricted funding source that can only be used for specific purposes. Reimbursement of construction cost, as shown in the proposed project is not an authorized use of HOT tax revenue. The Term Sheet provides that “[t]he parties will work together to document the aspects of the development which qualify for HOT tax expenditure,” but without more specific information as to how the funds will be spent, we cannot guarantee that any reimbursement of Hotel Occupancy Tax for the proposed project would be legally permissible. A navigable canal is probably not an eligible HOT expenditure.4 2 See Texas and New Orleans Railroad v. Galveston County, 169 S.W. 2d 714 at 716, (Tex. 1943), finding that an indemnification provision created an indefinite debt of the county in violation of the Texas Constitution: “We think the indefiniteness of the clause as to what obligation may arise thereunder renders it more vicious, from the standpoint of public policy, than if it had named a sum of money to be paid at a given time but clearly beyond the power of the county to pay out of available funds.” See also Brown v. Jefferson County, 406 S.W 2d 185 (Tex. 1966), finding that the indemnification at issue was valid only because the county had made provision for the obligation through the levy of a tax and establishment of a sinking fund as required by the Texas Constitution. 3 Art. 11, Sec. 5. . . . Said cities may levy, assess and collect such taxes as may be authorized by law or by their charters; but no tax for any purpose shall ever be lawful for any one year, which shall exceed two and one-half per cent. of the taxable property of such city, and no debt shall ever be created by any city, unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and creating a sinking fund of at least two per cent. . . Art. 11, Sec. 7. . . . no debt for any purpose shall ever be incurred in any manner by any city or county unless provision is made, at the time of creating the same, for levying and collecting a sufficient tax to pay the interest thereon and provide at least two per cent (2%) as a sinking fund. . . 4 The determination of whether or not an expenditure of Hotel Occupancy Tax is authorized under state law is a two-step process as described in § 351.101 of the Texas Tax Code. First, all Hotel Occupancy Tax expenditures must promote 9 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 5. The proposed ordinance provides for execution of an agreement that mandates execution of a lease that is longer than is permitted by the City Charter in the absence of a 28-day delay in second reading and is otherwise not permitted by State law. Section 2 of the proposed ordinance mandates execution of an agreement with the Developer, based on the Term Sheet. The Term Sheet provides for an initial lease term of 40 years with the ability to renew the lease for an additional 50 years. Section 3 of the proposed ordinance requires that second reading of the ordinance occur at a special meeting on or before December 16, 2019. Article IX, Section 3 of the City Charter provides: Sec. 3 – Ordinance granting franchise or lease of city property with term exceeding 5 years Every ordinance granting, renewing, extending or expanding a franchise or a lease of city property with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, V.T.C.A., Transportation Code § 311.073, as amended now or in the future. The agreement authorized by Section 2 of the proposed ordinance would require a lease term in excess of five years. Section 3 of the proposed ordinance requires that second reading occur on or before December 16, 2019, which does not accommodate the required 28-day delay. Additionally, the proposed lease term likely requires notice and bidding for the transfer of land in accordance with Texas Local Government Code sections 253.008 and/or 272.001. Courts have found that a temporary lease of property is exempt from such notice and bidding requirements, see Walker v. City of Georgetown, 86 S.W.3d 249, 259 (Tex. App.—Austin 2002, pet. denied) approving a 10-year lease to batting cages but discussing and citing with approval the San Antonio court’s rejection of a 40-year lease on different grounds. Texas Attorney General Opinion No. GA-0321 suggests that the lease term required in the Term Sheet would not be a “temporary lease.” Op. Tex. Att’y Gen. No. GA-0321 at 9 (2005). Tex. Att’y Gen’l Opinion No. GA-0321 stated that all of the following factors went into the determination of whether or not a lease was temporary: (1) the duration of the lease, (2) the city’s right to control the land during the lease term, and (3) the city’s right to make improvements upon termination of the agreement. The initial term of the lease proposed in the Term Sheet is 40 years, but the agreement provides for an extended lease term up to an additional 50 years. It is likely that a 90-year lease would lead to a judicial determination that the transfer is not temporary. Additionally, during the lease term, the City has no right to control the land. The Developer has the exclusive right to terminate the agreement, assign, sublet, or pledge the leasehold, and to release portions of the leased property back to the City. tourism. Second, the expenditures must fall into one of the following nine categories: (1) convention and visitor centers; (2) convention registration; (3) advertising the city; (4) promotion of the arts; (5) historical restoration and preservation; (6) sporting events in a county under one million in population; (7) enhancing or upgrading existing sports facilities or sports fields (only in certain cities); (8) tourist transportation systems; and (9) signage directing the public to sights and attractions that are visited frequently by hotel guests in the city. Projects not eligible for HOT per Texas Attorney General Opinions – construction of performing arts center (KP-0131), general city purposes (GA-0851), and operation of general recreational facilities including beaches (JM-965). 10 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 6. The proposed ordinance provides for execution of an agreement that mandates expenditure of Tax Increment Reinvestment Zone (TIRZ) funds that are not authorized by a Financing Plan approved by the TIRZ board. Section 2 of the proposed ordinance mandates execution of an agreement with the Developer based on the Term Sheet. The Term Sheet requires the reimbursement of all funds collected by Tax Increment Reinvestment Zone Number Four, City of Corpus Christi, Texas (TIRZ #4) except for those amounts already pledged under Development Reimbursement Agreements. While public infrastructure, such as the proposed navigable canal, would generally be an eligible TIRZ expenditure, state law prohibits the expenditure of any TIRZ funds unless such expenditure is consistent with the project and financing plan adopted by the TIRZ Board and the City Council. Texas Tax Code § 311.010 allows the municipality that created a TIRZ to enter into agreements for the expenditure of TIRZ funds “the governing body considers necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes.” The project and financing plan for the TIRZ #4 specifically obligates 5% of the revenue to maintenance within the Zone and provides for other uses of the funds. The approved project and financing plan does not allow for the use of the revenue for the construction of a navigable canal on North Beach. Approval of the agreement authorized by Section 2 of the proposed ordinance would require an amendment to the TIRZ #4 project and financing plan, which must be approved by the TIRZ Board and City Council prior to the authorization of the proposed agreement. 7. The proposed ordinance provides for execution of an agreement that contains counter-party obligations that may be so indefinite as to undermine a potential municipal public purpose for the obligations therein. Section 2 of the proposed ordinance mandates execution of an agreement with the Developer based on the Term Sheet. The Term Sheet provides “the Developer will design, bid, contract for, and manage the undertaking to build the ‘Canal Plan,’ which is the Canal design as specified in an engineering study by Urban Engineering, as modified from time to time.” The developer’s ability to unilaterally change the design of the required canal makes it difficult to clearly determine that the canal will serve a municipal public purpose for the transfers to the Developer that are contained in the Term Sheet. A municipal public purpose is a requirement for a required transfer to not be gratuitous.5 A gratuitous transfer is prohibited by the Texas Constitution. 5 When a governmental entity attempts to spend government funds, it must make sure that those funds are spent on items which constitute a "public purpose." The public purpose doctrine was first enunciated in Sharpless v. Mayor of Philadelphia, 21 Pa. 147 (1853); see also, Willatt, Constitutional Restrictions on Use of Public Money and Public Credit, 38 Tex. B.J. 413, 414 (1975). In Sharpless, the court held that it was implicit in the Pennsylvania State Constitution that taxes could be levied only for a public purpose. Id. The court also held that any statute assessing taxes for private purposes would violate the state’s due process clause as a taking of property for private use. Id. The public purpose doctrine has now been universally accepted either by constitutional provisions or by judicial decision. See Taylor, A Proposal to Prohibit Industrial Relocation Subsidies, 72 Tex. L. Rev. 669, 673 (1994). The requirement for a municipal public purpose is necessary for a proposed transfer to avoid potentially being invalid pursuant to the following provisions of the Texas Constitution: • Tex. Const. art. III, §51. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever. . . • Tex. Const. art. III, §52. . . . the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the state to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. • Tex. Const. art. XI, §3. No county, city, or other municipal corporation shall hereafter become a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; . . . 11 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 8. The proposed ordinance provides for execution of an agreement that contains an obligation to effectively transfer (90-year lease) property to which the City does not have fee simple ownership Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet requires the City to lease “[o]wned land, easements, or other property controlled by the City on which the canal will be constructed, as well as additional property owned or controlled by the City on which future commercial development may be built” for an initial term of 40 years. This area is depicted below as the orange-shaded locations: The Term Sheet also requires that at the end of the 40-year term, the City must either accept the improvements to the leasehold property and pay fair market value for all such improvements or extend the lease for an additional 50-year term. This requirement essentially creates a 90-year term. As discussed in 5 above, such a term may amount to a conveyance of land, requiring compliance with notice and bidding requirements found in state law. Additionally, the property proposed to be included in the lease is not limited to City-owned land. The Developer also requires a lease of easements and other property that the City controls on North Beach. Without substantial research into the deed history of all of the subject property, we cannot determine if the City has the authority to transfer such property. The City only has an easement or tenancy interest in much of the land. Some of the land is probably not subject to any verifiably enforceable property right in favor of the City. The City’s ability to transfer or lease the property is limited to its ownership interest in the property. The City may not have the authority to build a canal or other improvements on such property. Thus, the City cannot authorize the Developer to make those improvements without extensive title research into the nature of the ownership transferred to the City. This is especially problematic given the Term Sheet’s purported indemnity of the Developer for “increased costs associated with incomplete or incorrect documentation of City assets”. 9. The proposed ordinance provides for execution of an agreement that may violate Article IX, Section 4 of the City Charter, which requires City Council approval of any assignment of a lease. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet requires the execution of a lease for an initial 40-year term. The Term Sheet allows the Developer to assign, sublet, and pledge its leasehold interest in the property subject to City approval only “under certain conditions to be negotiated by the parties.” Article IX, Section 4 of the City Charter prohibits the assignment of any franchise or lease unless such assignment is approved by ordinance of the City Council, which approval shall not be unreasonably withheld. As the Term Sheet does not provide for a process by which the City Council must approve any assignment of the lease, the agreement may violate the City Charter. 12 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 10. The proposed ordinance provides for execution of an agreement that may violate Chapters 252 and 271 of the Texas Local Government Code and Chapter 2269 of the Texas Government Code via the requirement to pay general fund revenues to the Developer as a design/build contractor. Section 2 of the proposed ordinance mandates the execution of an agreement with the Developer based on the Term Sheet. The Term Sheet provides that until completion of construction, “the relationship of Developer to the Assets shall be as a Contractor.” The Developer is required under the Term Sheet to provide for both the design and construction of the canal project. If the Developer is acting as a contractor as required by the Term Sheet, the Developer would be a design/build contractor of the City for a public works project. Procurement of a contractor for a public works project is generally governed by Chapters 252 and 271 of the Texas Local Government Code. Design/build contracts are allowed pursuant to Chapter 2269 of the Texas Government Code. Chapter 2269 includes detailed instructions on how a municipality may procure a design/build contract for a public works project. The Term Sheet does not allow for this procurement process, but, rather, selects the Developer as the design/build contractor for the canal project. Were this project funded solely through TIRZ revenues, such an arrangement might be acceptable pursuant to §311.010(g) of the Texas Tax Code, which exempts TIRZ expenditures from certain procurement requirements.6 However, the Term Sheet also requires reimbursement of other revenues, including sales taxes on North Beach, which are not covered by this exception. Thus, a municipal agreement pursuant to the Term Sheet would violate Chapters 252 and 271 of the Texas Local Government Code and Chapter 2269 of the Texas Government Code by procuring a design/bid contractor without complying with the notice and bidding requirements provided by state law. 6 Regardless of the funding source, this arrangement may violate Chapter 1001 of the Texas Occupations Code if the agreement does not require that the work be supervised by a licensed engineer. 13 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the City of Corpus Christi (the "City") understands that a canal would address drainage issues on North Beach which would benefit all the citizens and property owners on North Beach apart from future development; and WHEREAS, Blackard Global and its affiliates and partners (the "Developer'') is relying on the promises and commitments of the City in order to proceed with their North Beach development plans; and WHEREAS, the City and the Developer have been in discussions for approximately two years regarding the North Beach development; and WHEREAS, Urban Engineering presented on October 29th, 2019 to the City, a navigable canal option (the "Navigable Canal"); and WHEREAS, the Developer has presented term sheet to the City in response to a proposal from the City on November 18th, 2019 which has a fixed price for the Navigable Canal of $41.2 million, among other terms (the "Term Sheet"); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTl, TEXAS HEREBY PASSES THIS ORDINANCE TO TAKE ALL NECESSARY STEPS TO ACHIEVE THE FOLLOWING: 1. The City will build the Navigable Canal using its own financing and development oversight with a completion of no later than January 1, 2025. Or; 2. The City and the Developer will execute definitive documentation having the effect of documenting the terms of Term Sheet, and agreeable to both parties, which will result in the Developer building the Navigable Canal. If the City and the Developer cannot agree on definitive documentation by June 1, 2020, then the City will proceed according to provision number one, immediately above. 14 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 15 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx Navigable Canal Pages from City Council presentation of October 29, 2019 16 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx Term Sheet 17 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 18 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 19 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 20 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 21 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx 22 C:\Program Files\Granicus\Legistar5\Packet\2267_City Council_12_17_2019\0018_1_Agenda Memo - Objection to Ordinance requiring indefinite expenditure.docx ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the City of Corpus Christi (the "City") understands that a canal would address drainage issues on North Beach which would benefit all the citizens and property owners on North Beach apart from future development; and WHEREAS, Blackard Global and its affiliates and partners (the "Developer") is relying on the promises and commitments of the City in order to proceed with their North Beach development plans; and WHEREAS, the City and the Developer have been in discussions for approximately two years regarding the North Beach development; and WHEREAS, Urban Engineering presented on October 29th, 2019 to the City, a navigable canal option (the "Navigable Canal"); and WHEREAS, the Developer has presented term sheet to the City in response to a proposal from the City on November 18th, 2019 which has a fixed price for the Navigable Canal of $41.2 million, among other terms (the "Term Sheet"); BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTl, TEXAS HEREBY PASSES THIS ORDINANCE TO TAKE ALL NECESSARY STEPS TO ACHIEVE THE FOLLOWING: 1. The City will build the Navigable Canal using its own financing and development oversight with a completion of no later than January 1, 2025. Or; 2. The City and the Developer will execute definitive documentation having the effect of documenting the terms of Term Sheet, and agreeable to both parties, which will result in the Developer building the Navigable Canal. If the City and the Developer cannot agree on definitive documentation by June 1, 2020, then the City will proceed according to provision number one, immediately above. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo _ Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo _ Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS,the term “Navigable Canal” in this proposed ordinance refers to the canal presented to the City Council on October 29, 2019 by Urban Engineering. Specifically, the term “Navigable Canal” refers to Option 3 presented to the City Council on such date, shown in the attached Exhibit A, as may be modified from time to time to provide the best engineering practices and changes necessary to secure required permits; subject to the limitations on any change that the canal must be (1) navigable and (2) substantially in the same footprint as proposed with the exception of the location of the channel connecting the Navigable Canal to Corpus Christi Bay; and WHEREAS,the City of Corpus Christi (the “City”) understands that a Navigable Canal could positively impact economic development issues and drainage issues on North Beach to the benefit of all citizens and property owners on North Beach apart from future development; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, TO HEREBY PASS THIS ORDINANCE TO ACHIEVE THE FOLLOWING: SECTION 1: Subject to funding appropriated by City Council, determination of suitable title, completion of a City-wide public input process, and completion of required permitting, the City will pre-design, design, and construct a Navigable Canal on the North Beach for an amount not to exceed $41,200,000 and with construction to be complete on or before January 1, 2025. SECTION 2: Funding for the Navigable Canal should come from various sources: debt by issuing revenue bonds (including such bonds from the revenue funds); HOT tax funds to the extent allowed by statute; TIRZ funds properly authorized by a Financing Plan approved by the TIRZ board; Seawall Fund to the extent allowed by the ballot language; Storm Water Capital Improvement Program; various grants; unassigned interest earned from operating budget and/or capital budget funds; Nueces County. SECTION 3: The City Manager or designee is directed and authorized to accomplish – through appropriate interaction with City Council, staff, and others – the presentation of an engineering and design contract for the Navigable Canal to City Council for consideration of approval. SECTION 4: The City Manager or designee is directed and authorized to take all steps necessary to identify funds and present items to City Council for consideration of approval to appropriate funds as described in SECTION 1 with certification made thereof. SECTION 5: The City Manager or designee is directed and authorized to negotiate with Nueces County to secure the county’s full participation to procure all environmental studies (Phase 1, and Phase 2 (if necessary)) and permits as may be required to support construction of the Navigable Canal. That the foregoing ordinance was read for the first time and passed on to its second reading on this the _____ day of __________ 2019, by the following vote: Joe McComb _______________ Michael Hunter _____________ Roland Barrera _______________ Ben Molina _____________ Rudy Garza _______________ Everett Roy _____________ Paulette M. Guajardo _______________Greg Smith _____________ Gil Hernandez _______________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2019, by the following vote: Joe McComb ________________ Michael Hunter ______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2019. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Exhibit A Navigable Canal Pages from City Council presentation of October 29, 2019 DATE:October 9, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3932 CAPTION: Resolution renewing an Interlocal Cooperation Agreement with Nueces County and the Port of Corpus Christi Authority with the City of Corpus Christi in-kind contribution providing office space, utilities and related services for a term of five years for the Local Emergency Response Planning Committee to enhance emergency response preparedness for hazardous materials. SUMMARY: The agreement continuesthe terms of prior agreements made between the City of Corpus Christi, Nueces County and the Port of Corpus Christi Authority to implement the Federal Emergency Planning and Community Right-to-Know Act (Act), 42 U.S.C. 11001, et. seq. The participants agree to support activities of the LEPC for emergency response preparedness to hazardous materials releases. BACKGROUND AND FINDINGS: The LEPC’s goal is to educate the citizens of Nueces County regarding potentially hazardous chemicals in the community. The LEPC instructs citizens on what actions to take during a chemical emergency to protect themselves and their families by utilizing concepts such as Shelter-in-Place and/or evacuation. These initiatives also include knowing where to find and how to receive information during a chemical emergency. The parties involved wish to continue operating under the terms of the Interlocal Agreement first authorized in 1992. These efforts include outreach and education to citizens, coordination and communication with industrial facilities and first responders; and knowledge of usage, storage, utilization and transportation of hazardous chemicals. Renewal of Local Emergency Planning Committee (LEPC) Interlocal Agreement for a Term of Five Years AGENDA MEMORANDUM Action Item for the City Council Meeting December 17,2019 Nueces County and the Port of Corpus Christi Authority agree to support the LEPC by contributing $10,000.00 each per year with a total value of $20,000. The City’s contribution will be in-kind that includes office space, utilities and other related resources, that enable the LEPC Administrator to fulfill the obligations under State and Federal Laws. ALTERNATIVES: If we don’t renew the agreement, funding and support for the LEPC as it currently operates will be withdrawn. FISCAL IMPACT: Appropriating $20,000 contribution per year to the LEPC Fund for a five-year term. The City does not provide a cash match. The City’s contribution will be in-kind and includes office space, utilities, and other resources for operation. Funding Detail: Fund: 6060 LEPC Fund Organization/Activity: 21700 Local Emergency Planning Committee Mission Element: 091 Fire Prevention Education Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this resolution to execute all documents necessary to accept this Interlocal Agreement. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperative Agreement Resolution Resolution renewing an Interlocal Cooperation Agreement with Nueces County and the Port of Corpus Christi Authority with the City of Corpus Christi in-kind contribution providing office space, utilities and related services for a term of five years for the Local Emergency Response Planning Committee to enhance emergency response preparedness for hazardous materials. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a renewal of an Interlocal Cooperation Agreement with Nueces County, the Port of Corpus Christi and City of Corpus Christi with an in-kind by contributing office space, utilities and related services for a term of five (5) years for the Local Emergency Response Planning Committee to enhance hazardous materials preparedness. PASSED AND APPROVED on the ______ day of _________, 2019: Joe McComb ______________ Roland Barrera ______________ Rudy Garza ______________ Paulette M. Guajardo ______________ Gil Hernandez ______________ Michael Hunter ______________ Ben Molina ______________ Everett Roy ______________ Greg Smith ______________ ATTEST:THE CITY OF CORPUS CHRISTI __________________________________________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement, for a total amount not to exceed $1,023,279.00, with Beasley Tire Service-Houston Inc., of Houston, Texas, for the purchase of tires for City owned sedans, pickup trucks, heavy-duty trucks and trailers to be installed by Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $284,244.17 available through the Fleet Maint Svs Fund. SUMMARY: This motion authorizes the purchase of tires for City vehicles to include sedans, pickup trucks, heavy-duty trucks and trailers. The supply of tires will keep the City fleet operational and with less downtime. BACKGROUND AND FINDINGS: The purchase of these tires is to equip sedans, pickup trucks and heavy-duty trucks and trailers that are part of the City Fleet. This spectrum of tires covers a large portion of operational requirements for City vehicles to keep them on the streets supporting the citizens and for the health and safety requirements of City employees. Currently, the City Fleet Department purchases tires on an as needed basis from various vendors. Prices vary from each vendor and this is not cost efficient to the City. Purchase of Tires for City Vehicles AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for three groups of tires to be considered for award separately for a new supply agreement(s). The bid contained three groups of tires based on the type of tires and the bidders could bid on any or all of the three groups. The City received five bids for Groups 1,2 and 3, of which five bids were responsive, responsible bids for Groups 1 and 3. Three bids were responsive, responsible and two were non-responsive for Group 2. Staff recommends the award of all three groups to Beasley Tire Service-Houston Inc. under one supply agreement. ALTERNATIVES: The alternative to accepting this bid would be to buy tires as needed through individual purchase orders, which would result in higher costs. However, procuring through this supply agreement will have the tires readily available at lower and fixed prices. FISCAL IMPACT: The fiscal impact for the Fleet Maintenance Services in FY 2020 is $284,244.17 for the first year of this three-year supply agreement for the purchase of tires for City vehicles, with the remaining cost funded in future years through the annual budget process. Funding Detail: Fund:5110 Fleet Maint Svs Organization/Activity:40180 Parts Room Operation Mission Element:202 Maintain the Fleet Project # (CIP Only): N/A Account:520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year agreement with Beasley Tire Service-Houston Inc. for tires as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB 2548 Sr. Buyer: Minerva Alvarado Tires for City Vehicles Group 1 - Trailer Tires Item Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 ST 235/85R16 10 ply EA 246 80.00$ 19,680.00$ 110.00$ 27,060.00$ 124.72$ 30,681.12$ 107.11$ 26,349.06$ 107.00$ 26,322.00$ 2 ST 235/80R16 10 ply EA 93 59.00$ 5,487.00$ 92.00$ 8,556.00$ 93.00$ 8,649.00$ 102.00$ 9,486.00$ 75.00$ 6,975.00$ 3 7.50 x 16 10 ply EA 51 77.00$ 3,927.00$ 95.00$ 4,845.00$ 90.00$ 4,590.00$ 120.88$ 6,164.88$ 59.00$ 3,009.00$ 4 9.50 x 16.5 10 ply EA 117 112.00$ 13,104.00$ 125.00$ 14,625.00$ 120.00$ 14,040.00$ 136.54$ 15,975.18$ 115.00$ 13,455.00$ 42,198.00$ 55,086.00$ 57,960.12$ 57,975.12$ 49,761.00$ Group 2 - Vehicle Tires 1 225/75R15 EA 15 58.00$ 870.00$ 70.59$ 1,058.85$ 79.00$ 1,185.00$ 2 235/75R15 EA 33 62.00$ 2,046.00$ 79.60$ 2,626.80$ 79.00$ 2,607.00$ 3 205/70R15 EA 18 52.00$ 936.00$ 54.67$ 984.06$ 59.00$ 1,062.00$ 4 215/70R14 EA 24 64.00$ 1,536.00$ 71.13$ 1,707.12$ 89.00$ 2,136.00$ 5 205/75R15 EA 12 53.00$ 636.00$ 63.54$ 762.48$ 60.00$ 720.00$ 6 205/75R14 EA 12 51.00$ 612.00$ 56.54$ 678.48$ 75.00$ 900.00$ 7 235/85R16 EA 120 92.00$ 11,040.00$ 115.18$ 13,821.60$ 119.00$ 14,280.00$ 8 235/70R16 EA 51 75.00$ 3,825.00$ 82.31$ 4,197.81$ 89.00$ 4,539.00$ 9 225/75R16 EA 90 74.00$ 6,660.00$ 79.36$ 7,142.40$ 89.00$ 8,010.00$ 10 205/65R15 EA 12 50.00$ 600.00$ 48.58$ 582.96$ 55.00$ 660.00$ 11 245/75R16 EA 249 87.00$ 21,663.00$ 84.10$ 20,940.90$ 105.00$ 26,145.00$ 12 245/70R16 EA 24 81.00$ 1,944.00$ 88.29$ 2,118.96$ 90.00$ 2,160.00$ 13 215/85R16 EA 63 85.00$ 5,355.00$ 110.30$ 6,948.90$ 109.00$ 6,867.00$ 14 235/75R17 TOYO A/T II Open Country EA 576 141.00$ 81,216.00$ 144.17$ 83,041.92$ 139.00$ 80,064.00$ 15 235/70R17 EA 174 78.00$ 13,572.00$ 89.80$ 15,625.20$ 89.00$ 15,486.00$ 16 255/70R17 EA 27 84.00$ 2,268.00$ 96.30$ 2,600.10$ 119.00$ 3,213.00$ 17 255/65R17SL EA 12 86.00$ 1,032.00$ 103.28$ 1,239.36$ 109.00$ 1,308.00$ 18 215/60R16 EA 84 54.00$ 4,536.00$ 48.46$ 4,070.64$ 65.00$ 5,460.00$ Beasley Tire Service T&W Tires LLC Houston, TX Oklahoma City, OK Fort Worth, TX Group 1 - Total Southern Tire Mart Columbia, MS Goodyear Rubber & Tire Company Akron, OH American Tire Distributors Group 2 - Vehicle Tires (cont.) Item Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 19 265/70R17 EA 411 97.00$ 39,867.00$ 103.76$ 42,645.36$ 140.00$ 57,540.00$ 20 245/70R17 TOYO A/T II Open Country 10 ply EA 75 153.00$ 11,475.00$ 145.81$ 10,935.75$ 149.00$ 11,175.00$ 21 245/75R17 TOYO A/T II Open Country 10 ply EA 735 186.00$ 136,710.00$ 181.91$ 133,703.85$ 161.00$ 118,335.00$ 348,399.00$ 357,433.50$ 363,852.00$ Group 3 - Large Tires 1 10R22.5 (New Steer) 14 ply EA 66 230.00$ 15,180.00$ 287.74$ 18,990.84$ 275.00$ 18,150.00$ 232.02$ 15,313.32$ 239.04$ 15,776.64$ 2 11R22.5 (New Steer 16 ply EA 1593 217.00$ 345,681.00$ 300.51$ 478,712.43$ 270.00$ 430,110.00$ 274.45$ 437,198.85$ 263.33$ 419,484.69$ 3 11R24.5 Open Shoulder drive 16 ply cut and chip resistant EA 42 222.00$ 9,324.00$ 345.44$ 14,508.48$ 435.00$ 18,270.00$ 320.91$ 13,478.22$ 283.49$ 11,906.58$ 4 425/65R22.5 20 ply EA 63 439.00$ 27,657.00$ 535.88$ 33,760.44$ 515.00$ 32,445.00$ 484.45$ 30,520.35$ 388.94$ 24,503.22$ 5 315/80R22.5 Drive Type 20 ply EA 285 274.00$ 78,090.00$ 463.12$ 131,989.20$ 575.00$ 163,875.00$ 352.62$ 100,496.70$ 373.25$ 106,376.25$ 6 315/80R22.5 Steer Type 20 ply EA 570 275.00$ 156,750.00$ 393.19$ 224,118.30$ 415.00$ 236,550.00$ 320.86$ 182,890.20$ 420.15$ 239,485.50$ 632,682.00$ 902,079.69$ 899,400.00$ 779,897.64$ 817,532.88$ Non-responsive unable to provide TOYO tire Non-responsive unable to provide TOYO tire Group 2 - Total Group 3 - Total Beasley Tire Service T&W Tires LLC Goodyear Rubber & Tire Company American Tire Distributors Southern Tire Mart Houston, TX Oklahoma City, OK Akron, OH Fort Worth, TX Columbia, MS Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SUPPLY AGREEMENT NO. 2548 Tires for City Vehicles THIS Tires for City Vehicles Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Beasley Tire Service-Houston Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Tires for City Vehicles in response to Request for Bid No. 2548 (“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 Tires for City Vehicles in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,023,279.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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: Erlinda Klubertanz General Services Department 361-826-1903 Erlinda@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI ”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7.Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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: Erlinda Klubertanz Operations Manager 5352 Ayers, Bldg 3-B, Corpus Christi, TX 78415 Phone: 361-826-1903 Fax: 361-826-4394 IF TO CONTRACTOR: Beasley Tire Service-Houston Inc. Attn: Robert Beasley President 11802 Eastex Freeway, Houston, TX 77039 Phone: 281-449-2365 Fax: 281-449-7239 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. 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. 21. 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 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. 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). 23. 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 . 24. 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. 25. 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) Attachment A: Scope of Work 1.1 Scope of Work A.The Contractor shall provide new tires on an as needed basis. B.The Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City. C.Tires include: 1.Group 1 - Trailer tires as outlined on Attachment B-Bid/Pricing Schedule 2.Group 2 – Vehicle tires as outlined on Attachment B-Bid/Pricing Schedule 3.Group 3 - Large vehicle tires as outlined on Attachment B-Bid/Pricing Schedule 1.2 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. 1.3 Special Instructions A.Tires will be delivered to the City Garage, City Service Center, 5352 Ayers Street, Corpus Christi, TX 78415. B.The location of business must be located within a range of the City Service Center to allow for delivery of tires as outlined below. C.The Contractor shall have five hours to deliver the tires if the order is placed before 11:00 am. D.The Contractor shall 24 hours to deliver the tires if the order is placed after 11:00 am. E.The Contractor shall deliver tires between the hours of 8:00am – 5:00pm. Monday through Friday. F.The Contractor shall provide bill of lading when tires are delivered. Page 1 of 1 Attachment C: Insurance Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 3.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. 8.It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Page 3 of 3 Attachment D: Warranty Requirements All new products supplied by Contractor are subject to manufacturer’s standard limited warranties as in effect at the time of delivery. As the exclusive remedy for breach of this warranty, Contractor, at its option, shall (a) repair the Products, (b) replace the Products, or (c) refund the fees paid and attributable to the Products at issue for the current period. Page 1 of 1 DATE:November 4, 2019 TO:Peter Zanoni, City Manager FROM:Lauren Balko, Assistant Director of Municipal Courts Laurenf2@cctexas.com 361-826-3331 CAPTION: Resolution authorizing an interlocal governmental agreement with the Texas Department of Motor Vehicles for five years relating to motor vehicle registration refusal for failure to appear or failure to pay a fine on a traffic law violation; and authorizing an agreement with Linebarger Goggan Blair & Sampson, LLP to assist with the implementation of a Motor Vehicle Registration Refusal Program. SUMMARY: This resolution authorizes an interlocal agreement with the Texas Department of Motor Vehicles to refuse motor vehicle registration for individuals who failed to appear for or pay a traffic law violation. BACKGROUND AND FINDINGS: The Motor Vehicle Registration Refusal program (Scofflaw) is an additional tool available to Courts to help violators in resolving their violations. Linebarger, the current Collection Agency, has offered to submit the data on cases already referred to them for collections and reached out to the Court regarding this Scofflaw program. They will use their resources and time to fund the project. Scofflaw is a program authorized by Transportation Code Chapter 706 of the Code of Criminal Procedure which enables the Texas Department of Motor Vehicles to deny motor vehicle registrations of those who have outstanding cases, failed to appear, or have failed to comply with judicial orders. The program works by Courts submitting data to the State after it meets certain criteria. The Department of Motor Vehicles then places a hold on vehicles registered under the absconded offenders anywhere in the State of Texas. When the offenders attempt to register any vehicle in their name online or by mail, the department will deny their registration. In addition, Linebarger will include collection notifications and language notifying offenders that they may be denied vehicle registration by the State as a first step measure to encourage compliance. Resolution authorizing an interlocal governmental agreement with the Texas Department of Motor Vehicles for five years relating to motor vehicle registration refusal for failure to appear or failure to pay. AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 When violators appear in court and resolve their violations, the registration holds will be lifted. Resolution number 028810 was signed on October 19, 2010 for an Interlocal agreement with The Texas Department of Motor Vehicles for the same purpose, but the Motor Vehicle Registration Refusal was never implemented. The reason for this is unknown. ALTERNATIVES: An alternative to approving this program would be to continue using the current tools of using the Collection Agency to work the collections only of delinquent cases. This action benefits the City as it provides another means to help the court resolve cases and bring them to finality. There is no added cost to the customer (fees) or to the City to be involved in this program. FISCAL IMPACT: No financial impact to the City or customers is expected. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends that the Council approve the motion. LIST OF SUPPORTING DOCUMENTS: Resolution - TxDMV Interlocal ILA_Agreement_with TxDOT Agreement - Registration Refusal Authorization for Linebarger to submit Files Resolution authorizing an interlocal governmental agreement with the Texas Department of Motor Vehicles for five years relating to motor vehicle registration refusal for failure to appear or failure to pay a fine on a traffic law violation; and authorizing an agreement with Linebarger Goggan Blair & Sampson, LLP to assist with the implementation of a Motor Vehicle Registration Refusal Program. Whereas, Texas Transportation Code §702.003 authorizes the Department of Motor Vehicles to refuse to register a motor vehicle if the department receives under a contract information from a municipality that the owner of the vehicle has an outstanding warrant from that municipality for failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law. Be it Resolved by the City Council of the City of Corpus Christi, Texas: Section 1.That the City Manager or designee is hereby authorized to enter into an interlocal government agreement between the City of Corpus Christi and the Texas Department of Motor Vehicles, more specifically described as the “Scofflaw Services Contract for Marking Texas Motor Vehicle Registration Records,” relating to the collection of outstanding monies owed to the City of Corpus Christi for unpaid moving traffic violations for an initial term of five years. Section 2. That the City Manager or designee is hereby authorized to enter into agreement with Linebarger Goggan Blair & Sampson, LLP, assist the City with the implementation of a Motor Vehicle Registration Refusal Program to coincide with the agreement to collect delinquent municipal court fines and fees. PASSED AND APPROVED on the ______ day of _________, 2019: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ day of ___________________, 2019 1 AGREEMENT FOR MOTOR VEHICLE REGISTRATION REFUSAL SERVICES BETWEEN CITY OF CORPUS CHRISTI, TEXAS AND LINEBARGER GOGGAN BLAIR & SAMPSON, LLP I.PARTIES THIS AGREEMENT FOR MOTOR VEHICLE REGISTRATION REFUSALSERVICES (“Agreement”) is made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS acting herein by and through its governing body, hereinafter referred to as “City” and Linebarger Goggan Blair & Sampson, LLP, hereinafter referred to as “LGBS”. II.PURPOSE To clearly identify the roles and responsibilities of each party required for LGBS to assist with the City’s participation in the Scofflaw Program as outlined in the Texas Transportation Code Chapter 702 (commonly known as Refusal to Register Motor Vehicle). III.SCOPE OF WORK The City has contracted with LGBS for the collection of delinquent municipal court fines and fees. To further enhance efforts for case resolution, LGBS will assist the City with the implementation of a Motor Vehicle Registration Refusal Program. This program allows a City to submit data to the Technology Support Branch (TSB) of the Texas Department of Motor Vehicles (DMV) relating to an owner of a motor vehicle who has an outstanding warrant from the City for failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law. Once the Motor Vehicle Registration Refusal code is placed on the owner’s vehicle registration by the DMV, a renewal of registration will not be permitted until the case is resolved. IT IS UNDERSTOOD AND AGREED THAT: THE CITY AGREES TO enter into the necessary contract with the Texas DMV, subject to Texas DMV’s approval and in accordance to Texas Government Code, Section 791. The City will provide cases to LGBS and provide the necessary updates to LGBS to allow for the removal of the appropriate registration codes. LGBS AGREES TO conduct the Motor Vehicle Registration Refusal Program on behalf of the City as part of the delinquent collection process. LGBS will provide the funds necessary to post the required bond with Texas DMV and pay all costs associated with the file submissions required for inquiry, flagging for registration refusaland clearancesafter case resolution. LGBS will timely submit the appropriate files to Texas DMV to match the owner and the appropriate vehicle, to code the appropriate registration record and to clear the appropriate records. LGBS will provide the City with the information concerning the successful submissions to Texas DMV. This information 2 will be available to the City via the LGBS client view portal or in a list submitted by LGBS to the City. In order to effectuate the Motor Vehicle Registration Refusal Program, the City consents to LGBS’s use of a third-party servicer and the sharing and disclosure of client data pursuant to a restricted use data services agreement. In the event LGBS no longer performs collections of delinquent municipal fines and fees for the City, LGBS, at its expense, is authorized to submit to the DMV a file clearing any existing motor vehicle registration refusal flag submitted by LGBS on behalf of the City. IV.TERM OF AGREEMENT The term of this Agreement begins on the date of execution by both parties below and will remain in force for the duration of the period in which LGBS is authorized to collect delinquent municipal court fines and fees for the City; provided, however, either City or LGBS may terminate this Agreement, for convenience and without cause, upon thirty (30) day’s written notice to the other party. V.SIGNATURES This Agreement is executed on behalf of City by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. This Agreementmay be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the _________ day of ______________, 2019. LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ___________________________________________ Attorney at Law CITY OF CORPUS CHRISTI, TEXAS ___________________________________________ Gilbert Hernandez, Municipal Court Director for City Manager 3 ATTEST: ________________________ Rebecca Huerta City Secretary ________________________ Date APPROVED AS TO LEGAL FORM: ______________________________ Buck Brice (Date) Assistant City Attorney For City Attorney OFFICE OF THE CITY MANAGER September 17, 2019 Texas Department of Motor Vehicles Attn: Felicia Cantu 4000 Jackson Ave, CH1-2 Austin, Texas 78731 Re: Authorization for Linebarger Goggan Blair & Sampson LLP (Linebarger) to submit files to the Texas Department of Motor Vehicles Please accept this letter as authorization on behalf of the City of Corpus Christi for Linebarger to submit files to the Texas Department of Motor Vehicles. This authorization is and will be in effect for the term of the Interlocal Agreement between the City of Corpus Christi and the Texas Department of Motor Vehicles and any subsequent renewals. Please also add the following Linebarger contacts to the account: General Account and Escrow Management Issues: Susan McClure Email: SCOFF.ESCROW@LGBS.COM Phone: (210) 253-5625 Trevor Balderrama Email: Trevor.Balderrama@lgbs.com Phone: (210) 403-8600 IT Related Issues: Anthony Pontecorvo Email: Anthony.Pontecorvo@lgbs.com Phone: (210) 403-8716 By signing below, I am stating that I have authority to extend this authorization on behalf of the City of Corpus Christi PETER ZANONI, CITY MANAGER BY: ____________________________ DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Peter Collins, Interim Chief Officer of Information Technology PeterC@cctexas.com (361) 826-3735 CAPTION: Motion authorizing a three-year lease purchase agreement with Great South Texas Corporation dba Computer Solutions of San Antonio, Texas for the amount not to exceed $4,999,616.07 for the Cisco network, hardware and software, effective upon issuance of a notice to proceed, with first year funding in an amount of $1,666,538.69 available through the FY2020 Info Tech Fund. SUMMARY: This motion authorizes a network, hardware, and software lease purchase with Computer Solutions, for the purchase of network hardware, and software licenses to upgrade the city network and software to increase network performance, reliability and security. BACKGROUND AND FINDINGS: Upgrading the city network, hardware, and software will increase network speeds, increase reliability, and allow the expansion of Internet bandwidth available for City-wide use and cloud based hosted services. The Information Technology Department reached out to the Contracts and Procurement Department to issue a solicitation for a long-term contract through the DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to have the upgrade to network, hardware, and software; however, this upgrade needs to happen to improve network functionality. Cisco Network, Hardware, and Software AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 FINANCIAL IMPACT: The fiscal impact for Information Technology Department is an amount not to exceed $1,666,538.69 for the first year of the three-year agreement, with the remaining cost of $3,333,077.38 to be budgeted in future years through the annual budget process. Funding Detail: Fund:5210 Info Tech Organization/Activity:40430 IT Network Services Mission Element:241 Prvd Support Technology Infrast Project # (CIP Only): n/a Account:530200 Telephone/telegraph/cable RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year agreement with Great South Texas Corporation dba Computer Solutions for the purchase of network and software license agreement for the IT department as present on this item. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Cisco Network, Hardware, Software DIR-TSO-4167 Great South Texas Corporation dba Computer Solutions San Antonio, Texas Item Description Price 1 Year 1-Cisco Network, Hardware, Software $1,666,538.69 2 Year 2-Cisco Network, Hardware, Software $1,666,538.69 3 Year 3-Cisco Network, Hardware, Software $1,666,538.69 $4,999,616.07 DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Peter Collins, Interim Director of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year license agreement renewal with EC America, Inc., of McLean, Virginia for an amount not to exceed $68,094.87, for Citrix software licenses and support used by staff of the Corpus Christi Police Department and Nueces County Sheriff’s Department, effective upon issuance of a notice to proceed, with funding for the two-year agreement available through the FY 2020 Info Tech Fund. SUMMARY: This motion authorizes a license agreement renewal with EC America, Inc., for Citrix software licenses and support used by staff of the Corpus Christi Police Department and Nueces County Sheriff’s Department through the General Services Administration (GSA) Cooperative. BACKGROUND AND FINDINGS: The City of Corpus Christi purchased the current Citrix software for Public Safety in 2007 and maintenance has been renewed annually for the last 11 years. Citrix license renewal and maintenance support consists of over 641 licenses used by staff of the Corpus Christi Police Department and Nueces County Sheriff’s Department. The licenses provide access to published applications including the Records Management System (RMS), office applications, and other applications, which are easily virtualized. Renewal of the Citrix License and Support Maintenance Renewal AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 Citrix Solution will ensure the continuation of license use and support without service interruption for the use of the RMS system and will allow to have 24-hour support. The Information Technology Department reached out to the Contracts and Procurement Department to issue a longer-term contract through the GSA Cooperative. Contracts awarded through the GSA Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative would be not to have the license renewed; however, Public Safety would not be able to access published applications. FISCAL IMPACT: The fiscal impact for Information Technology Department in FY 2020 is an amount not to exceed $68,094.87 for the two-year renewal. FUNDING DETAIL: Fund:5210 Info Tech Organization/Activity:40495 IT Public Safety Services Mission Element:242 Support Software Applications Project # (CIP Only): N/A Account:520105 Computer Software RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year license renewal with EC America. LIST OF SUPPORTING DOCUMENTS: License Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Citrix License & Support Renewal GSA Contract: GS-35F-0511T Item Description Qty Price Extended Price 1 Citrix XenDesktop Enterprice Edition-x1 User/Device License Software Maintenance Renewal 20 $97.78 $1,955.60 2 Citrix XenDesktop Enterprise Edition -x1 User/Device License Software Maintenance Renewal 15 $97.78 $1,466.70 3 Citrix XenDesktop Enterprise Edition-x1 User/Device License Software Maintenance Renewal 10 $97.78 $977.80 4 Citrix XenDesktop Enterprise Edition-x1 User/Device License Software Maintenance Renewal 15 $97.78 $1,466.70 5 Citrix XenDesktop Enterprise Edition-x1 User/Device License Software Maintenance Renewal 100 $97.78 $9,778.00 6 Citrix XenDesktop Enterprise Edition-x1 User/Device License Software Maintenance Renewal 400 $97.78 $39,112.00 7 Citrix XenDesktop Enterprise Edition-1 User/Device License Software Maintenance Renewal 20 $97.78 $1,955.60 8 Citrix XenDesktop Enterprise Edition-1 User/Device Licension Softeware Maintenance Renewal 50 $97.78 $4,889.00 9 Citrix Workspace Suite x1 User Perpetual License Software Maintenance Renewal 10 $193.60 $1,936.00 10 Citrix NetScaler VPX 200 Mbps Platinum Edition 1 $4,557.47 $4,557.47 $68,094.87 EC America, Inc. McLean, VA Greg Johnson City of Corpus Christi , PH: 361-826-8354 gregj@cctexas.com Contract No.:GS-35F-0511T CAGE Code: DUNS No.: TAX ID#: Terms: FOB: 1QTH6 01-757-3259 52-2085893 Net 30 Destination Quote Number: Quote Date: Expiration Date: QUO-1062213-C4G6B2 11/25/2019 12/25/2019 Order/Payment Address: EC America 8444 Westpark Drive, Suite 200 McLean, VA 22102 PH: 703-752-0610 FX: 703-752-0611 EFT:BB&T Routing No. 054001547 Manufacturer Contact: Ben.pflum@citrix.com 954-267-3059 Pflum, Ben EC America Contact: Kelly_Post@immixgroup.com703-752-0651 Post, Kelly Manufacturer Ref #:49983276 Manufacturer Quote #: Item Part Number Contract Trans Type Product Description Qty Price Extended Price 1 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 20 $87.6600 $1,753.20 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001543375-30840 2 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 15 $87.6600 $1,314.90 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001459344-77857 3 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 10 $87.6600 $876.60 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001999648-68699 4 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 15 $87.6600 $1,314.90 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001791392-72456 5 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 100 $87.6600 $8,766.00 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001810853-57647 6 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 400 $87.6600 $35,064.00 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001081244-01496 All Pricing information is confidential Page 1 of 2 Quote # QUO-1062213-C4G6B2 Sales Quotation Subject to the Terms and Conditions of GSA MAS Contract Number GS-35F-0511T; See: http://www.immixgroup.com/contract- vehicles/gsa/it-70/0511T/ Open Market items are subject to the attached Terms and Conditions. Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided. All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative. The identified line items are Trusted Products under the immixGroup Trusted Supplier Program. immixGroup Trusted Supplier Program Policies, Commitments and Guarantees/Warranties can be obtained at: http://www.immixgroup.com/uploadedFiles/Trusted-Supplier-Program_Guarantee-and-Warranty.pdf Item Part Number Contract Trans Type Product Description Qty Price Extended Price 7 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 20 $87.6600 $1,753.20 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001642682-19484 8 4034304 GS-35F-0511T MNT Citrix XenDesktop Enterprise Edition - x1 User/Device Licen se Software Maintenance Renewal** TRUSTED PRODUCT ** 50 $87.6600 $4,383.00 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0002209596-46970 9 4037750 GS-35F-0511T MNT Citrix Workspace Suite x1 User Perpetual License Software Maintenance Renewal** TRUSTED PRODUCT ** 10 $173.5600 $1,735.60 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0002002350-71462 10 4034484 OPENMARKET- EC MNT Citrix NetScaler VPX 200 Mbps Platinum Edition** TRUSTED PRODUCT ** 1 $4,085.8000 $4,085.80 Period of Performance: 12/31/2019 to 10/15/2021. Serial Number: LA-0001994927-10334 11 REINSTATEMENT CITRIX OPENMARKET- EC MNT Reinstatement Fee** TRUSTED PRODUCT **1 $7,047.6700 $7,047.67 Period of Performance: 12/30/2019 to 10/15/2021. SW MAINTENANCE $68,094.87 Grand Total $68,094.87 All Pricing information is confidential Page 2 of 2 Quote # QUO-1062213-C4G6B2 Sales Quotation Continued 11/26/2019 DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of three vehicles for the Utilities Department, which consist of one Explorer, one F150 pickup truck and one F550 pickup truck as additions to the fleet, from Silsbee Ford of Silsbee, Texas, for a total amount of $128,966.00, effective upon issuance of letter of acceptance, with funding available through the FY 2020 Water and Storm Water Department Funds. SUMMARY: This motion authorizes a purchase of one Explorer, one F150 pickup truck and one F550 pickup truck from Silsbee Ford for the Utilities Department in support of the approved FY2020 Enhancement Packages for an addition to the Utility Business Office Code Enforcement Section, new foreman position for Water crews, and Stormwater crew. These three units will be used daily and are additions to the fleet for the Utilities Department being purchased through the GoodBuy Cooperative. BACKGROUND AND FINDINGS: The three vehicles will be used daily by Utilities Department staff to perform various duties within the City. These vehicles will allow for a more efficient and timely response to better serve the needs of citizens and are in support of the approved FY20 Enhancement Packages for an addition to the Utility Business Office Code Enforcement Section, new foreman position for Water crews, and Stormwater crew. The procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured and are in compliance with Texas Local and State procurement requirements. Purchase of Three Vehicles for Utilities AGENDA MEMORANDUM Action item for the City Council Meeting of December 17, 2019 ALTERNATIVES: The vehicles can be rented. However, this will not be cost effective for the long-term, and the vehicles may not be readily available when needed. FISCAL IMPACT: These three vehicles will be an outright purchase in the amount of $128,966.00 to be paid from Water and Storm Water Funds. This purchase with Silsbee Ford is for three vehicles to be used by Utilities Department Staff and are in support of the approved FY2020 Enhancement Packages for an addition to the Utility Business Office Code Enforcement Section, new foreman position for Water crews, and Stormwater crew. Funding Detail: Fund:4010 Water Fund Organization/Activity: 30010 Utility Office Cost Mission Element:183 Utility Billing & Collections Project # (CIP Only): N/A Account:550020 Vehicles & Machinery Amount:$33,097.50 Fund:4010 Water Fund Organization/Activity: 31520 Treated Water Delivery System Mission Element:041 Distribute Water Project # (CIP Only): N/A Account:550020 Vehicles & Machinery Amount:$34,088.75 Fund:4300 Storm Water Fund Organization/Activity: 32005 Storm Water Maintenance of Lines Mission Element:043 Drainage Infra-surface/pipes Project # (CIP Only): N/A Account:550020 Vehicles & Machinery Amount:$61,779.75 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase with Silsbee Ford for the purchase of three vehicles as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Item Equipment Description Qty UOM Unit Price Total 1 2020 Truck Ford F-150 Regular Cab 1 Each 34,088.75$ 2 2020 Truck Ford F-550 Regular Cab 1 Each 61,779.75$ 3 2020 Ford Explorer 1 Each 33,097.50$ 128,966.00$ City of Corpus Christi Contracts & Procurement Senior Buyer: Cynthia Perez Silsbee Ford Silsbee, TX GRAND TOTAL Price Sheet Purchase of Three Vehicles for Utilities GoodBuy Contract - 19-8F000 Vehicles DATE:December 10, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 CAPTION: Motion authorizing the purchase of four John Deere mini excavators from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas for a total amount of $273,200.00 to be used daily by the Utilities Department for emergency repairs and construction of water and wastewater infrastructure as additions to the fleet, effective upon issuance of letter of acceptance, with funding available through the FY 2020 Wastewater and Water Funds. SUMMARY: This motion will allow the City to purchase four mini excavators through the Buy Board Cooperative for the Utilities Department in support of the approved FY2020 Enhancement Packages to add three new Wastewater crews and equipment, plus one new Water crew and equipment. This equipment will be used daily for construction work and emergency repairs of water and wastewater infrastructure throughout the City. BACKGROUND AND FINDINGS: The Utilities Department has a requirement for the purchase of four John Deere 35G Mini- Excavators, which will be used to dig trenches for the installation or repair of Water and Wastewater lines. These new units will be additions to the fleet for the approved FY2020 Enhancement Packages to add three new Wastewater crews and equipment, plus one new Water crew and equipment. The new in-house construction and repair crews will take over small to medium-scale infrastructure work that is currently executed through Purchase of Four Mini Excavators for Utilities AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 construction contractors. This procurement is through the Buy Board Cooperative. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is not to purchase this equipment. This would result in less in-house construction work and less in-house response to emergency repairs, therefore creating a loss of service to City customers. FISCAL IMPACT: The fiscal impact for the Utilities Department is a total amount of $273,200.00 for the purchase of four mini excavators as additions to the fleet for the approved FY2020 Enhancement Packages to add three new Wastewater crews and equipment, plus one new Water crew and equipment, to be used daily by the Utilities Department for emergency repairs and construction of water and wastewater infrastructure throughout the City. FUNDING DETAIL: Fund:4200 Wastewater Fund Organization/Activity:33400 Wastewater Collection System Mission Element: 042 Wastewater Collection System Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost:$204,900.00 Fund:4010 Water Fund Organization/Activity:31520 Treated Water Delivery System Mission Element: 041 Distribute Water Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost:$68,300.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of four mini excavators from Doggett Heavy Machinery as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 35G John Deere Mini Excavators 4 each $68,300.00 $273,200.00 $273,200.00 Contracts and Procurement Senior Buyer: Cynthia Perez Doggett Heavy Machinery Corpus Christi, TX TOTAL Price Sheet Four Mini Excavators for Utilities Buy Board Contract 515-16 City of Corpus Christi Password1 DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the lease-purchase of one XL3100 Gradall excavator, as an addition to the fleet, from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas, for a total amount of $474,423.00, for the Utilities Department to be used daily for construction work and emergency repairs of water and wastewater infrastructure throughout the City, effective upon issuance of letter of acceptance, with FY 2020 funding in the amount of $94,884.60 available through the Stormwater Funds. SUMMARY: This motion will allow the City to lease-purchase one XL3100 Gradall excavator through the Buy Board Cooperative for the Utilities Department in support of the approved FY2020 Enhancement Package to add a new Stormwater crew and equipment. This equipment will be used daily for construction work and emergency repairs of stormwater infrastructure throughout the City. BACKGROUND AND FINDINGS: The Utilities Department has an operational need for one XL3100 Gradall Excavator, which will be used to dig trenches for the installation and or repair of stormwater lines. This unit will be an addition to the fleet for the approved FY2020 Enhancement Package to add a new Stormwater crew and equipment. The City currently maintains over 700 miles of stormwater pipes and ditches. Lease Purchase of One Gradall Excavator for Utilities AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 This procurement is through the Buy Board Cooperative. Contracts awarded through the Buy Board Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is not to lease-purchase this equipment. This would result in less in-house construction work and less in-house response to emergency repairs, therefore creating a loss of service to City customers.As part of the Utilities Department’s FY 2020 Budget Enhancements, the lease purchase option lowers the impact on the utility rates. FISCAL IMPACT: Financing for the lease-purchase of this XL3100 Gradall Excavator as an addition to the fleet for the approved FY2020 Enhancement Package to add a new Stormwater crew and equipment is based on a sixty-month term with an estimated interest rate of 4.00%for an annual estimated payment of $94,884.60. The total estimated cost over the five-year period, including principal of $428,440.00 and interest of $45,983.00 is $474,423.00. A not to exceed tolerance of $1,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate. Total Lease Purchase Price:$428,440.00 Total estimated allowable interest for lease:$ 45,983.00 Grand Total:$474,423.00 Funding Detail: Fund:4300 Storm Water Organization/Activity:32005 Storm Water Maint of Lines Mission Element: 043 Drainage Infra-Surface/Pipes Project # (CIP Only): N/A Account: 530190 Lease Purchase Payments RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of one XL3100 Gradall Excavator from Waukesha-Pearce Industries, Inc.as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 XL3100 Gradall Excavator 1 each $473,422.48 $473,422.48 $473,422.48 Waukesha-Pearce Corpus Christi, TX TOTAL Price Sheet Lease Purchase of One XL3100 Excavator for Storm Water-Utilities Buy Board Contract 515-16 City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez AGENDA MEMORANDUM Action Item for City Council Meeting December 17, 2019 DATE:11/14/2019 TO:Peter Zanoni, City Manager FROM:Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 CAPTION: Resolution approving an Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program – Homebuyer Assistant Program. SUMMARY: The purpose of this item is to approve an amendment to the Affordable Housing - Homebuyer Assistance Program Agreement between the Corpus Christi Business and Job Development Corporation and the City’s Housing and Community Development Department. The current original agreement has expired and this amendment will extend the expired agreement until September 30, 2020. BACKGROUND AND FINDINGS: The City of Corpus Christi’s Housing and Community Development receives funding from the Type A Board and City Council to administer the Homebuyer Assistance Program. These funds have been used and will continue to be used to support the Homebuyer Assistance Program which assists qualified homebuyers with up to $10,000 in down payment assistance for the purchase of a new or pre-existing home. The Agreement began April 1, 2018. This amendment will extend the agreement until September 30, 2020. Additionally, this agreement includes a provision regarding the reporting in which HCD staff will provide the Type A Board with Quarterly updates following the end of each quarter which will include: the number of loans processed the number of applicants the number of hours spent reviewing and processing loan applications during the preceding quarter the termination of the Agreement by giving at least 30 days’ written notice of either party’s intent to terminate ALTERNATIVES: An alternative is to deny the amendment, however, doing so will deny current homebuyers in receiving down payment assistance. Resolution approving a Homebuyer Assistance Program Amendment No. 1 between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. FISCAL IMPACT: The FY2020 budgeted amount for the Homebuyer Assistance Program is $208,650. Because this is an amendment of an existing agreement with funds appropriated in the budget, there is no additional impact on the budget. Funding Detail: Fund:1140 – Economic Development Organization/Activity:15000 – Affordable Housing Mission Element: 132 – Revitalize and Stabilize Neighborhoods Project # (CIP Only): N/A Account: 530000 – Professional Services RECOMMENDATION: It is the recommendation of the Housing and Community Development Department to approve the amendment. LIST OF SUPPORTING DOCUMENTS: Resolution Amendment No. 1 to the Agreement for Affordable Housing Program – Homebuyer Assistance Program Page 1 of 2 RESOLUTION APPROVING AN AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM – HOMEBUYER ASSISTANCE PROGRAM WHEREAS, on April 16, 2018, the Board of the Corpus Christi Business and Job Development Corporation (the” Board”) approved an Agreement with the City to fund a Homebuyer Assistance Program for citizens seeking affordable housing assistance (the “Agreement”); and WHEREAS, the City of Corpus Christi (the “City”), through its Housing and Community Development Department (“Department”), manages the Homebuyer Assistance Program which is funded with Type A tax funds committed by the Board: and WHEREAS, the Board and the City desire to extend the term of the original Agreement through April 1, 2020 so that citizens who qualify for affordable housing assistance may continue to receive assistance under the Homebuyer Assistance Program. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation and the City, a copy of which is attached hereto as Exhibit “A” is hereby authorized, ratified and approved. SECTION 2. The City Manager, or designee, is authorized to execute an Amendment between the Board and the City for the Type A Affordable Housing Program – Homebuyer Assistance Program. SECTION 3. A copy of the executed amendment shall be filed in the office of the City Secretary. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2019: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM – HOMEBUYER ASSISTANCE PROGRAM The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and the CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, hereinafter referred to as the Corporation, do hereby make and enter into this amendment (the “Amendment”) which, together with the AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM – HOMEBUYER ASSISTANCE PROGRAM, with a term beginning April 1, 2018 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Corporation. I. Section 5. Term is hereby deleted in its entirety and replaced with the following language: “Term. The term of this Agreement is from April 1, 2018 through September 30, 2020.” The Corporation and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. ____________________ __________ APPROVED AS TO LEGAL FORM: President Date Corpus Christi Business and Job Development _______________________________ Corporation Assistant City Attorney Date ____________________ _________ Constance Sanchez Date Chief Financial Officer City of Corpus Christi DATE:November 20, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3276 CAPTION: Resolution decertifying the City of Corpus Christi under Texas Highway Beautification Act; and reestablishing the annual permit renewal fee for billboard signs. SUMMARY: The purpose of this resolution is to decertify from the Certified Cities program operated by the Texas Department of Transportation and to reinstitute annual permit fees for billboards (off-premise freestanding signs) that were repealed with the Unified Development Code adoption on May 10, 2011 but never replaced. BACKGROUND AND FINDINGS: On May 2, 1972, the City of Corpus Christi entered into an agreement with TxDOT for carrying out National Policy relative to control of outdoor advertising in areas adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System to enforce the Highway Beautification Act, Section 131 of Title 23, United States Code (1965). This agreement authorized off-premise outdoor commercial advertising permitting and enforcement by the City of Corpus Christi in accordance with state and federal standards, and the permit is issued by the Certified City instead of TxDOT. Title 43 of the Texas Administrative Code §21.200 provides TxDOT authority to authorize a political subdivision to exercise control over these signs within its incorporated limits and within 660 feet of a regulated highway. TxDOT approved Corpus Christi as a Certified City on December 7, 1971, and the City has been a certified city for over 46 years. The Federal Highway Administration could withhold 10% of the state’s federal aid if these standards are not enforced. A Certified City must, at a minimum, be as restrictive as the agreement standards. Certified Cities Decertification and Re-establishment of Billboard Fees AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 Most of these commercial signs have been in existence for several decades on regulated highways and primary systems. On March 5, 2019, TxDOT provided an audit which concluded that the City was not in compliance with the agreement, a requirement for Certified City status. TxDOT identified 14 signs that were not listed on the City’s annual report, of which four did not meet the federal requirements for spacing. An additional 64 signs out of 269 signs were found non-conforming to the minimum federal requirements. A total of 68 signs were found not to meet the minimum requirements of the highway beautification act. TxDOT requested the development of an action plan for enforcement. Upon investigation by the City, it was determined that the City had not retained the permit data showing the date of the original sign permit and associated information when the new electronic records system became operational. Also, many of these permits were possibly destroyed by flooding from Hurricane Allen in 1980. This poses challenges to ascertain original permit data for enforcement purposes. Furthermore, code enforcement would be contingent on available staff resources. The City requested historical permit records from the sign companies and individual property owners. The City has not received sufficient permit information. Out of the 68 signs not meeting the minimum requirements of the federal Highway Beautification Act, no permits were provided demonstrating grandfathering prior to May of 1972. For the remaining 10 signs not listed in the city’s annual inventory, only one permit was provided illustrating grandfathering prior to 1972. Enforcing removal of signs that may be grandfathered due to permit issuance prior to 1972 could create City liability for the cost of removal. TxDOT certification merely benefits billboard companies by enabling those companies to avoid obtaining both TxDOT permits and City permits. Therefore, the City’s lack of historical records puts the City in the position of maintaining certified status solely for the benefit of the billboard companies that have not provided the historical permit records that would allow us to comply with our certification responsibilities. In 2010 there were 60 Certified Cities, and today there are 30. Of the 12 largest cities in Texas, San Antonio, Austin, El Paso, Laredo, Lubbock and Garland are not on the Certified Cities list. The primary advantage of certification is that it allows the sign contractors to obtain a single permit from the City for installation. If decertified, a permit would have to be obtained from both the City and TxDOT. TxDOT may decertify a city, or a city may request decertification. Corpus Christi may voluntarily relinquish Certified City Status as defined in Title 43, Texas Administrative Code §21.200 (Relating to Local Control) and return full regulatory responsibility to the Texas Department of Transportation concerning all commercial signs located on highways regulated under Transportation Code Chapter 391 within the incorporated limits of the City. There are several advantages to decertify. TxDOT has better enforcement through district court versus the city’s municipal court, and this would help bring the City back into compliance. TxDOT staff has experience working with sign companies which would facilitate enforcement efforts. In the future, if the City wanted to become a Certified City again, TxDOT may elect to reinstate the City. If decertified, the City will continue to issue permits and inspect commercial signage along freeway and primary systems. A permit for these signs would also be required from TxDOT by the applicant. This resolution also addresses reestablishing the annual permit renewal fee for billboards per UDC 7.5.24 Licenses, Permits and Fees for Billboards B.which allows fees to be established from time to time by resolution of City Council. Ordinance No. 026903 approved on July 25, 2006 established the current annual renewal fees for billboards. This ordinance was repealed with the adoption of the Unified Development Code in May 10, 2011 (Ordinance 029048). However, the fees were never established by resolution per UDC 7.5.24. This resolution reestablishes the annual renewal fees from 2006, which support periodic inspections to ensure compliance with City codes. ALTERNATIVES: The City may retain certification, provide an action plan for compliance, and commit resources to enact enforcement actions. This could prove difficult due to lack of historical records and code compliance resources. The City may elect to increase or decrease the proposed annual renewal fees for billboards. FINANCIAL IMPACT: With decertification, there is no financial impact. If the City elects to retain certification, additional resources may be required for enforcement efforts. There is no financial impact to the City. The proposed annual renewal fees have not changed from the original fees adopted in 2006. The annual renewal fees collected have averaged about $15,000 per year. With decertification, there is no financial impact since the City will continue to issue permits and renewal fees. Funding Detail: Fund: 4670 Organization/Activity: 12201 Mission Element: 888 Project # (CIP Only): Account: 302150 RECOMMENDATION: Staff recommends approval of the resolution to decertifying the City of Corpus Christi under Texas Highway Beautification Act; and reestablishing the annual permit renewal fee for billboard signs. LIST OF SUPPORTING DOCUMENTS: Resolution Off-Premise Freestanding Signs Location Map Certified Cities Listing 1 Resolution decertifying the City of Corpus Christi under Texas Highway Beautification Act; and reestablishing the annual permit renewal fee for billboard permits. WHEREAS, the City last increased the billboard annual permit renewal fee on August 1, 2006; WHEREAS, the fees last adopted in 2006 were repealed and not replaced upon adoption of the Unified Development Code (UDC); WHEREAS,the fees adopted in 2006 and reestablished by this resolution are reasonably necessary to cover cost of granting permits and of exercising proper police regulation, and bear reasonable relationship to legitimate object of sign ordinance; and WHEREAS, UDC Section 7.5.24 authorizes establishment of fees for billboards through resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi voluntarily relinquishes its Certified City status as defined in Title 43, Texas Administrative Code §21.200 (Relating to Local Control) and returns full regulatory responsibility to the Texas Department of Transportation concerning all commercial signs located on highways regulated under Trans. Code Ch. 391 within the incorporated limits of the City. The City Manager or designee is authorized to execute all documents necessary to voluntarily relinquish the City of Corpus Christi Certified City status. SECTION 2. The annual permit renewal fee for billboards under §7.5.24 of the UDC shall be: (a) For signs not exceeding 100 square feet in area, the fee is $13.00 plus $0.05 per square foot of sign area. (b) For signs greater than 100 square feet in area and not exceeding three hundred 300 square feet in area, the fee is $28.00 plus $0 .05 per square foot of sign area. (c) For signs greater than three hundred square feet in area, the fee is $40.00 plus $0.05 per square foot of sign area. 2 PASSED AND APPROVED on the ______ day of _________, 2019: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor ! ! ! ! !!!!!!!! ! !! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !!!! !! ! ! !!!! ! ! !!!!!! !! ! ! ! ! !! ! ! ! ! ! !! ! !! ! ! ! ! ! ! ! ! !! !! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! !!!!! ! ! ! ! ! !! ! ! !! ! !!!! !! ! ! ! ! ! !! ! !!!!!!!!! ! ! ! ! ! ! ! ! !! ! ! !! ! !!! !!!! ! ! ! ! ! ! ! ! ! ! ! !! ! !! ! ! ! ! !! ! ! ! ! ! ! !! ! !! ! ! ! ! ! ! I H 3 7 SH 358 SH 44 US 181US 77SH 286IH 69PR 22SH 357 SS 5 4 4 SH 361 FM 43F C 2 6 0 6 6 8 FC 260612 SS 3SH 35FM 2444FM 665FC 260696SH 44 US 77FC 260612 ¯0 7 143.5 Miles Off-P rem ise Fr eestan dingSigns Location M ap Legen d !Off-Premise Billboards 2019 TxDOT National Highw ay System Corpus C hristi City Limits Cor pusChristi Bay Gulf ofMexico NuecesBay City Council December 17, 2019 Certified Cities Decertification and Re-establishment of Billboard Fees 2 History •1972 - Agreement with TxDOT for control of billboards Interstates and highways based on the Highway Beautification Act. •Authorized billboard permitting and enforcement by the City of Corpus Christi. •The City has been a certified city for over 46 years. •The Federal Highway Administration could withhold 10% of the state’s federal aid if standards are not enforced. 3 Billboard Locations 4 Enforcement • Historical permit records from sign companies and individual property owners. • The city has not received sufficient permit information. • Out of the 68 signs not meeting the minimum requirements, no permits were provided demonstrating grandfathering prior to May of 1972. • The remaining 10 signs not listed in the city’s annual inventory, only one permit was provided illustrating grandfathering prior to 1972. • Enforcing removal of signs that may be grandfathered due to permit issuance prior to 1972 could create City liability for the cost of removal. Decertification 5 4.62 Acre Remainder • 2010 – 60 certified cities • Today – 30 certified cities • Out of the 12 largest cities in Texas, San Antonio, Austin, El Paso, Laredo, Lubbock and Garland are not on the Certified Cities list. • Certification allows sign contractors to obtain a single permit from the city for installation. • If decertified, a permit would have to be obtained from both the city and TxDOT. Decertification 6 4.62 Acre Remainder • TxDOT may decertify a city, or a city may request decertification. Corpus Christi may voluntarily relinquish Certified City Status and return full regulatory responsibility to the Texas Department of Transportation concerning all commercial signs located on highways • Advantages to decertify. • TxDOT has better enforcement through district court versus the city’s municipal court, and this would help bring the city back into compliance. • TxDOT staff has experience working with sign companies which would facilitate enforcement efforts. 7 Staff Recommendation Approval of Resolution • Decertifying the City of Corpus Christi under the Texas Highway Beautification Act • Reestablishing the annual permit renewal fee for billboard signs DATE:December 06, 2019 TO:Peter Zanoni, City Manager Thru:Mark Van Vleck, Assistant City Manager Markvv@cctexas.com 361-826-3235 FROM:Dan Grimsbo, Executive Director of Water Utilities DanG@cctexas.com 361-826-1689 CAPTION: Resolution authorizing the submission of applications to the Texas Commission on Environmental Quality for La Quinta Channel and Inner Harbor water rights diversion and discharge permits necessary for development of two seawater desalination plants and authorizing payment of permit fees in total amount not to exceed $450,000. SUMMARY: The purpose of this resolution is to allow the City Manager to execute and submit applications and fees not to exceed $450,000 to the Texas Commission on Environmental Quality for water rights and discharge permits from the La Quinta Channel and Inner Harbor. These applications and fees are in support of two Seawater Desalination plant projects. BACKGROUND AND FINDINGS: In 2014, efforts were started to evaluate potential future water supplies because of drought conditions experienced in 2010-13. Major industrial water users urged the City of Corpus Christi, as the regional water supplier, to consider desalination. A group was established which included Port Industry members, the Port of Corpus Christi, the Corpus Christi Regional Economic Development Corporation, the City of Corpus Christi, and the San Patricio Municipal Water District (SPMWD). The FNI team included global, national, Authorize the City Manager to submit applications and fees to the Texas Commission on Environmental Quality for Water Rights and Discharge Permits. AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 and state experts with desalination experience, public-private partnership expertise, and Texas/Federal permitting experience. Intensive evaluations and discussions were held over a two-year period (2014-2016) to determine the feasibility of seawater desalination as a water source. Industry partners contributed extensively by providing engineering and technical support. San Patricio Municipal Water District and various San Patricio industrial companies were also involved throughout this process. The City then moved into the next phase, which is Siting and Permitting. A loan for $2.7 million was obtained from the Texas Water Development Board in November of 2017. These funds are being used for evaluating potential sites and obtaining key permits. The water rights and discharge permit applications are preparing for submission. These applications will require fees and a resolution from City Council granting the City Manager to execute and submit application to the Texas Commission on Environmental Quality. ALTERNATIVES: The City Council could choose not to approve the resolution allowing the City Manager to execute and submit applications to the Texas Commission on Environmental Quality for water rights and discharge permits which would put a stop to the Siting and Permitting phase of the project. FINANCIAL IMPACT: If the City Council were not to approve the resolution, the City would then need to review the alternative water supply strategies at an additional cost and time in order to find a source of water that could provide the quantity, quality and reliability that seawater desalination offers to meet the growing needs of the regional water demand. FUNDING DETAIL: Fund: 4481 Raw Water Supply Dev Chg CIP Organization/Activity: n/a Mission Element: 068 Raw Water Planning Project # (CIP Only): E15117 Account: 30255 Regulatory and Permit Fees Cost: $450,000 RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution 1 Resolution authorizing the submission of applications to the Texas Commission on Environmental Quality for La Quinta Channel and Inner Harbor water rights diversion and discharge permits necessary for development of two seawater desalination plants and authorizing payment of permit fees in total amount not to exceed $450,000 WHEREAS, the City is in the process of preparing water rights and discharge permit applications to be submitted to the Texas Commission on Environmental Quality (TCEQ); WHEREAS, the City is seeking a water right to divert up to 186,295 acre feet per year at a maximum rate of 166.2 million gallons per day from La Quinta Channel in Corpus Christi Bay to supply process water for a seawater desalination plant; WHEREAS, the City is also seeking a water right to divert up to 93,148 acre feet per year at a maximum rate of 83.1 million gallons per day from the Inner Harbor, a tributary of Corpus Christi Bay, to supply process water for a seawater desalination plant; WHEREAS, the City is also seeking discharge permits from TCEQ to allow discharge up to 68 million gallons per day into the Inner Harbor and discharge up to 91 million gallons per day into La Quinta Channel; WHEREAS, TCEQ regulations provide that if the applicant is a municipality, the application shall be signed by a duly authorized official; and TCEQ regulations regarding water rights permits further provide that written evidence in the form of bylaws, charters, or resolutions which specify the authority of the official to take such action shall be submitted to the TCEQ. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager and any of the City’s Assistant City Managers are each hereby duly authorized to execute the Water Rights Permitting Applications and Discharge Permit Applications described herein to be submitted to the TCEQ in accordance with TCEQ regulations. SECTION 2. The City Manager and any of the City’s Assistant City Managers are also each hereby duly authorized to execute all documents necessary for the TCEQ’s consideration and approval of these water rights and water discharge permits. SECTION 3. Payment of permit fees in the amount not to exceed $450,000 is hereby approved. 2 PASSED AND APPROVED on the ______ day of _________, 2019: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing an amendment to Supply Agreement No. 1026 for sodium bisulfite for a total amount not to exceed $169,999.87, with Southern Ionics, Inc. of West Point, Mississippi, increasing the supply agreement value to a not to exceed value of $1,336,481.42 for the dechlorination of wastewater at the Oso Wastewater Treatment Plant, with funding available through the FY 2020 Wastewater Fund. SUMMARY: This motion authorizes an amendment to the current supply agreement with Southern Ionics, Inc. for Sodium Bisulfite used at the wastewater treatment plants to increase the quantity of chemical for Oso Wastewater Treatment Plant, which operates with a Breakpoint Chlorination system. This chemical is necessary for the dechlorination of wastewater effluent as required by TCEQ environmental permits. BACKGROUND AND FINDINGS: Sodium Bisulfite is a chemical used for the dechlorination of wastewater. Dechlorination of disinfected wastewater effluent is necessary to prevent harmful exposure of chlorine and chlorine compounds on plant and aquatic life. The current supply agreement is set to expire in April 2020; however, the contract balance in the current agreement is nearing depletion. This amendment allows for an increase in contract funds until the new supply agreement is executed in January 2020. This contract increase will provide needed chemicals for the Oso Wastewater Treatment Plant, which has Amendment to Sodium Bisulfite Supply Agreement AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 seen a major increase in use of the chemical due to the age, deterioration, and reduced efficiency of the plant. ALTERNATIVES: There are no alternatives to amending this supply agreement. This chemical is necessary for health and safety, and to meet TCEQ environmental permit requirements. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY 2020 is an amount not to exceed $169,999.87 for this Amendment to the current Supply Agreement, increasing the Supply Agreement value to $1,336,481.42. Funding Detail: Fund:4200 Wastewater Organization/Activity:33110 Oso Wastewater Plant Mission Element:064 Project # (CIP Only): N/A Account:520010 Purification chemicals RECOMMENDATION: Staff recommends approval of this motion authorizing an Amendment to the Supply Agreement for Sodium Bisulfite as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Supply Agreement Project No: 00000X 1 SW Legistar No.: 19-XXXX Rev. 1 – 12/3/19 AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 DATE:December 03, 2019 TO:Peter Zanoni, City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM:Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 CAPTION: Motion to revise the Residential Street Rebuild Program (RSRP) Project Selection Matrix. There is no change to the fiscal impact, only the streets selected for future rehabilitation and/or reconstruction on future program years would be changed. SUMMARY: This amendment revises the RSRP Project Selection Matrix by updating the selection criteria and associated weighted point values. The focus of the RSRP is on rehabilitating the best of the worst streets and reconstructing the worst of the worst streets, considering pavement/traffic needs, drainage and ADA improvements. There is no change to the fiscal impact, only the streets selected for future rehabilitation and/or reconstruction on future program years would be changed. BACKGROUND AND FINDINGS: In 2012, the City began implementation of the Street Improvement Plan (SIP) to address maintenance and repair of the entire street system with residential/local street reconstruction being the final element of the SIP to be implemented. In 2015, the Residential and Local Reconstruction Fund 1042 was created in order that funds might be deposited specific to this element of the SIP in accordance with financial budgetary policies. In June, 2016, the Ad Hoc Residential Street Infrastructure Advisory Committee presented its final report to City Council with recommendations for the Residential Street Rebuild Program (RSRP). In August, 2016 by Resolution No. 030938, the City Council approved the RSRP Test Project to define the scope and costs of the RSRP. Residential Street Rebuild Program Matrix Revision Resolution Project No: 00000X 2 SW Legistar No.: 19-XXXX Rev. 1 – 12/3/19 In March, 2017, by Resolution 031088, the City approved the concepts, direction and selection criteria for the RSRP program. In September 2019, following the approval of the RSRP Streets as a part of the 2020 Capital Improvement Plan (CIP), the Street Department determined the need to review the Candidate Street Selection Matrix to ensure it aligned with the desired RSRP concepts and direction. The Street Operations Department convened two meetings in October, 2019 with staff engineers from Engineering Services, Development Services, Utilities and Gas Departments and other Professional Engineers within other City Departments to brainstorm and develop suggested changes to the matrix to better align the selected streets to meet the RSRP concepts and direction. The draft street list used to develop the RSRP streets in the 2020 CIP was then rescored with the revised matrix to determine the impacts, without changing the list of projects in the 2020 CIP. The revised matrix had negligible impacts to the rehabilitation candidates but had significant impacts to the reconstruction candidates. The revised matrix candidate included twice as many residential streets that acts as collector streets and increased the focus on ADA and storm water drainage improvements on the top reconstruction candidate streets. ALTERNATIVES: Reject the revised RSRP Matrix Revision and continue to select candidate projects using the current Selection Matrix. FISCAL IMPACT: There is no fiscal impact and the overall project cost will remain the same. RECOMMENDATION: Staff recommends revising the Matrix to improve the alignment with the RSRP concepts and direction. LIST OF SUPPORTING DOCUMENTS: Presentation Update to Council December 17, 2019 Residential Street Rebuild Program Matrix Revision 1 2 Standard Pavement Deterioration Curve Pavements should be managed, not simply maintained. * PCI = Pavement Condition Index Chart from NAPA report: A New Transportation Commitment for America (2007)Standard PCI Rating Scale * STREET PREVENTIVE MAINTENANCE PROGRAM (SPMP) CANDIDATE PROJECTS RESIDENTIAL STREET REBUILD PROGRAM (RSRP) CANDIDATE PROJECTS 3 Standard Pavement Deterioration Curve MONITOR STREET FOR FUTURE MAINTENANCE NEEDS REHABILITATION RECONSTRUCTION 2 % 25 % 73% 4 Ad Hoc Residential Street Infrastructure Advisory Committee Guidance ➢REHABILITATION ✓Limited treatment ✓Resurface and rehabilitate existing roadway ✓Partial recycling of existing pavement and/or base ✓Restores structural serviceability & extend service life ✓Minimal replacement of curb/gutter, sidewalks, etc. ✓Minimal utility work ➢RECONSTRUCTION ✓Full depth treatment ✓Construction of new pavement structure ✓Complete removal & replacement of pavement surface and base w/subgrade stabilization ✓Required when pavement structurally fails ✓Limited replacement of curb & gutter, sidewalks, etc. ✓Limited utility work 5 Ad Hoc Residential Street Infrastructure Advisory Committee Criteria RESIDENTIAL STREET REBUILD PRIORITIZATION MATRIX Criterion High Rank Characteristic Rideability International Roughness Index (IRI) Safety (Road Hazard)Conditions causing vehicular damage Proximity to Schools Closeness to a school Developed Frontage Population count or number of improved lots (proximity) Utility Conflicts Utility Department rank based on known conditions & costs Street Functionality Volume of traffic Concrete Work Extent to which concrete work is required 6 WEIGHTED VALUES USED IN BOND 2016 PRESENTATION CRITERIA PRIORITIZATION ELEMENTS Description Weight Low Medium High 1 2 3 Rideability [International Roughness Index (IRI)] 10%< 3.47 (m/km)3.47 to 6.00 (m/km)>6.00 (m/km) Safety (Road Hazard)10 %No conditions that cause vehicular damage One or two conditions that cause vehicular damage Multiple conditions that cause vehicular damage Proximity to Schools 10 %More than ¼ mile 1/10th to ¼ mile </= 1/10th mile Developed Frontage 10 %Less than 20 % developed 20 % to 60 % developed More than 60 % developed Utility Conflicts 25 %Significant utility work Minor utility work No utility work Street Functionality 10 %Low volume traffic (i.e. dead-end streets)Moderate traffic volume High volume traffic Concrete Work 25 %Significant concrete work Moderate concrete work Minor concrete work Total 100 %10 20 30 7 CRITERIA DESCRIPTION AND WEIGHT ORIGINAL CRITERIA Description Weight Rideability (IRI)*10% Safety (Road Hazard)10 % Proximity to Schools 10 % Developed Frontage 10 % Utility Conflicts 25 % Street Functionality 10 % Concrete Work 25 % Total 100 % REVISED CRITERIA Description Weight PCI**40 % Proximity to Schools 5 % Adjacent Development 5 % Drainage Needs (Incl C & G & Pipes)15 % Pavement Width 20 % Accessibility Needs (Ramps, Driveways, Sidewalks)15 % Total 100 % * IRI -International Roughness Index ** PCI -Pavement Condition Index 8 REVISED MATRIX 0 10 20 30 40 50 60 PCI 40 24 8 Reconstruction 8 24 40 Rehabilitation SPMP 40 % Accessibility Needs (Ramps, Driveways & Sidewalks) rated by % of concrete area [from curb to fence] that needs reworking 15 % 0 %25 %50 %75 %100 % 1593 Reconstruction 15 9 3 RehabilitationDescription Description Pts Pts Drainage Needs (Incl C&G & pipe) rated by % of pavement construction cost 15 % Pts Description 3 9 15 Reconstruction 0 %10 %20 %30 %40 % 15 9 3 Rehabilitation 70 9 REVISED MATRIX 0 10 20 30Pavement Width 4 12 20 Reconstruction or Rehabilitation 20 % Adjacent Development rated by % of abutting undeveloped lots5 % 0 %25 %50 %75 %100 % 135 Reconstruction or RehabilitationDescription Pts Proximity to Schools rated by closet point of street pavement in miles 5 % Pts Description 5 3 1 0.0 mi.0.10 mi.0.20 mi.0.30 mi.0.40 mi. 40 Reconstruction or Rehabilitation Pts Description 10 REVISED MATRIX IMPACTS –TRIAL RUN CATEGORY Pavement Surface Area (SY) ORIGINAL MATRIX REVISED MATRIX Avg PCI Pavement wider than 28 ft. -% SY Avg PCI Pavement wider than 28 ft. -% SY Reconstruction 64,481 15 27%24 74% Rehabilitation 90,600 43 24%42 23% Combined 155,081 31 25%34 46% 11 Pavement Guidance (Original vs Revised) ➢REHABILITATION ✓Limited treatment ✓Resurface and rehabilitate existing roadway ✓Partial recycling of existing pavement and/or base ✓Restores structural serviceability & extend service life ✓Minimal replacement of curb/gutter, sidewalks, etc. ✓Minimal utility work drainage work ✓Focus on wider streets that normally have more traffic ➢RECONSTRUCTION ✓Full depth treatment ✓Construction of new pavement structure ✓Complete removal & replacement of pavement surface and base w/subgrade stabilization ✓Required when pavement structurally fails ✓Limited replacement of curb & gutter, sidewalks, etc. as needed ✓Limited utility work Drainage improvements as needed ✓Focus on wider streets that normally have more traffic 12 RSRP Matrix Revisions Next Steps & Questions DATE: December 6, 2019 TO: Peter Zanoni, City Manager FROM: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361-826-3898 CAPTION: Motion to approve Amendment No. 1 to Developer Agreement for Park Road 22 Bridge and Village Canal SUMMARY: The purpose of this item is to approve an amendment to the Developer Agreement for Park Road 22 Bridge and Village Canal. The amendment will allow for the award of the construction contract along with a limited notice to proceed for purposes of value engineering and resolving any design issues. Without the amendment, the City would not award the construction contract until after substantial completion of the canal. BACKGROUND AND FINDINGS: Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location of the Park Road 22 Bridge. DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. A Developer Agreement for Park Road 22 Bridge was approved by City Council on April 23, 2019. That agreement lays out the requirements for the proposed bridge and canal project. Amendments to the agreement are as follows: Section A.1. Roles and Responsibilities of the City, paragraph 1.5 of the Agreement is hereby deleted in its entirety and replaced with the following language: Motion to approve Amendment No. 1 to Developer Agreement for Park Road 22 Bridge and Village Canal AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 1.5 As soon as practicable following notice of the Village Canal’s substantial completion in accordance with Section 2.5 below, City will award a contract for the construction of the Bridge Project at a regular meeting and will provide written notice to Developers of the date and time of the meeting and a copy of the documents being presented to City Council at the meeting. The Developers acknowledge that items typically appear on the City Council agenda twice before final approval. For purposes of this Section 1.5, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project; 1.5 Following the determination of available funding, the City will award the construction contract for the Bridge Project and issue a limited notice to proceed to that the construction contractor for purposes of value engineering and resolving any design issues related to the Bridge Project. The City will have no obligation to issue a full notice to proceed or begin work on the Bridge Project until the Village Canal is substantially completed. For purposes of this Section 1.5, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project;” Section A.1. Roles and Responsibilities of the City, paragraph 1.6 of the Agreement is hereby deleted in its entirety and replaced with the following language: 1.6 As soon as practicable following the City’s award of the contract for the construction of the Bridge Project, the City shall issue a notice to proceed (the “Notice to Proceed”) to the contractor awarded the Re-Bid, so long as the contractor timely provides an executed contract and all of the documents required to finalize the contract, and will provide written notice of the Notice to Proceed to Developers within 3 days of its issuance; 1.6 As soon as practicable following notice of the Village Canal’s substantial completion in accordance with Section 2.5 below, the City shall issue a full notice to proceed (the “Notice to Proceed”) to the contractor awarded the Re-Bid, and will provide written notice of the Notice to Proceed to Developers within 3 days of its issuance. For purposes of this Section 1.6, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project; Section A.3. Sequencing of Obligations, paragraph 4 is hereby amended to add the following language at the end of said paragraph: 4. City shall determine its funding capabilities based on bids submitted in response to Re-Bid (Section 1.3), and City shall certify funding for the Re-Bid to Developers (Section 1.4), The City will award the construction contract for the Bridge Project and issue a limited notice to proceed (Section 1.5)” Section A.3. Sequencing of Obligations, paragraph 9 is hereby amended to add the following language at the end of said paragraph: 9. City shall award construction contract for the Bridge Project (Section 1.5) and issue the Notice to Proceed (Section 1.6), City shall issue the Notice to Proceed on the construction contract for the Bridge Project (Section 1.6)” ALTERNATIVES: The alternative is to not amend the agreement. However, if this amendment is not approved, staff cannot recommend award of the construction contract until after substantial completion of the canal, which will delay the value engineering work that the Engineering Department seeks to engage in. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: Staff recommends the motion to approve Amendment No. 1 to Developer Agreement for Park Road 22 Bridge and Village Canal. LIST OF SUPPORTING DOCUMENTS: Current agreement Amendment Amendment No. 1 to Developer Agreement For Park Road 22 Bridge and Village Canal The CITY OF CORPUS CHRISTI, TEXAS (the “City”), Padre Island Holdings, LLC, (“PIH”), and Diamond Beach Holdings, LLC (“DBH”) (collectively with PIH, “Developers”), do hereby make and enter into this amendment (the “Amendment”) which, together with the Developer Agreement for Park Road 22 Bridge and Village Canal (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Developers I. Section A.1. Roles and Responsibilities of the City, paragraph 1.5 of the Agreement is hereby deleted in its entirety and replaced with the following language: “1.5 Following the determination of available funding, the City will award the construction contract for the Bridge Project and issue a limited notice to proceed to that the construction contractor for purposes of value engineering and resolving any design issues related to the Bridge Project. The City will have no obligation to issue a full notice to proceed or begin work on the Bridge Project until the Village Canal is substantially completed. For purposes of this Section 1.5, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project;” II. Section A.1. Roles and Responsibilities of the City, paragraph 1.6 of the Agreement is hereby deleted in its entirety and replaced with the following language: “1.6 As soon as practicable following notice of the Village Canal’s substantial completion in accordance with Section 2.5 below, the City shall issue a full notice to proceed (the “Notice to Proceed”) to the contractor awarded the Re-Bid, and will provide written notice of the Notice to Proceed to Developers within 3 days of its issuance. For purposes of this Section 1.6, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project;” III. Section A.3. Sequencing of Obligations, paragraph 4 is hereby amended to add the following language at the end of said paragraph: “4.The City will award the construction contract for the Bridge Project and issue a limited notice to proceed (Section 1.5)” IV. Section A.3. Sequencing of Obligations, paragraph 9 is hereby amended to add the following language at the end of said paragraph: Page 2 of 2 “9.City shall issue the Notice to Proceed on the construction contract for the Bridge Project (Section 1.6)” The Developers and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. Padre Island Holdings, LLC By:____________________________ Name:_________________________Date_______________ Title: __________________________ Diamond Beach Holdings, LLC By:____________________________ Name:_________________________Date_______________ Title: __________________________ CITY OF CORPUS CHRISTI Peter Zanoni Date City Manager APPROVED AS TO FORM: Assistant City Attorney (Date) for the City Attorney Amendment No. 1 to Developer Agreement For Park Road 22 Bridge and Village Canal The CITY OF CORPUS CHRISTI, TEXAS (the “City”), Padre Island Holdings, LLC, (“PIH”), and Diamond Beach Holdings, LLC (“DBH”) (collectively with PIH, “Developers”), do hereby make and enter into this amendment (the “Amendment”) which, together with the Developer Agreement for Park Road 22 Bridge and Village Canal (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Developers I. Section A.1. Roles and Responsibilities of the City, paragraph 1.5 of the Agreement is hereby deleted in its entirety and replaced with the following language: “1.5 Following the determination of available funding, the City will award the construction contract for the Bridge Project and issue a limited notice to proceed to that the construction contractor for purposes of value engineering and resolving any design issues related to the Bridge Project. The City will have no obligation to issue a full notice to proceed or begin work on the Bridge Project until the Village Canal is substantially completed. For purposes of this Section 1.5, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project;” II. Section A.1. Roles and Responsibilities of the City, paragraph 1.6 of the Agreement is hereby deleted in its entirety and replaced with the following language: “1.6 As soon as practicable following notice of the Village Canal’s substantial completion in accordance with Section 2.5 below,the City shall issue a full notice to proceed (the “Notice to Proceed”) to the contractor awarded the Re-Bid, and will provide written notice of the Notice to Proceed to Developers within 3 days of its issuance. For purposes of this Section 1.6, substantial completion of the Village Canal shall mean the date when the dredging and bulkheading is completed for the Village Project;” III. Section A.3. Sequencing of Obligations, paragraph 4 is hereby amended to add the following language at the end of said paragraph: “4. The City will award the construction contract for the Bridge Project and issue a limited notice to proceed (Section 1.5)” IV. Section A.3. Sequencing of Obligations, paragraph 9 is hereby amended to add the following language at the end of said paragraph: DocuSign Envelope ID: 4710E972-AF7F-4299-AA60-78A6564E0A6B Page 2 of 2 “9. City shall issue the Notice to Proceed on the construction contract for the Bridge Project (Section 1.6)” The Developers and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. Padre Island Holdings, LLC By:____________________________ Name:_________________________Date_______________ Title: __________________________ Diamond Beach Holdings, LLC By:____________________________ Name:_________________________Date_______________ Title: __________________________ CITY OF CORPUS CHRISTI Peter Zanoni Date City Manager APPROVED AS TO FORM: Assistant City Attorney (Date) for the City Attorney DocuSign Envelope ID: 4710E972-AF7F-4299-AA60-78A6564E0A6B 12/6/2019 Manager Christopher Hamm JENNIFER HOFF 12/9/2019 vp DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Jermel Stevenson, Director of Parks and Recreation JermelS@cctexas.com (361)-826-3042 Kim Baker, Director of Contracts and Procurement Kimb2@cctexas.com (361)-826-3169 CAPTION: Motion authorizing a design build contract with Progressive Commercial Aquatics, Inc., of Houston, Texas, for the design and construction of three splash pads at city parks, for a total amount not to exceed design-to build budget of $1,650,000, effective upon issuance of notice to proceed, with funding through the Community Enrichment Fund and CDBG Grant Funds. SUMMARY: This motion authorizes a design build contract to build three splash pads at Bill Witt (Council District 5), Lindale (Council District 2) and Manual Q. Salinas (Council District 3) parks. The design-to budget is $550,000 per park. These splash pads are scheduled to be completed before Memorial Day of 2020. BACKGROUND AND FINDINGS: The splash pads will be located at Bill Witt, Lindale and Manual Q. Salinas parks. The design build contract is for a turnkey solution that includes administration, design, permitting, construction, testing and commissioning to get these splash pads installed by Memorial Day of 2020. The Manual Q. Salinas Park is federally funded through Community Block Grant Funds (CDBG). The splash pad at Lindale park will be approximately 1,000 square feet and the two at Bill Witt and Manual Q. Salinas parks will be approximately 2,000 square feet. The splash pads sizes are dependent upon available land and space of each respective park. Splash Pads for City Parks AGENDA MEMORANDUM Action Item for the City Council Meeting of December 17, 2019 The Contracts and Procurement Department conducted a competitive Request for Qualifications process to obtain statements of qualifications from qualified firms to design build services to construct three splash pads at city parks. The City received two statements of qualifications and evaluated them against the published criteria. The evaluation committee concluded the most qualified firm was Progressive Commercial Aquatics, Inc. Staff meet and negotiated the contract with Progressive Commercial Aquatics, Inc. and now recommending an award of the contract. ALTERNATIVES: An alternative would be to select a designer to design the project and then publicly bid the splash pads; however, this process would not allow the City to have the splash pads open for Memorial Day of 2020. FISCAL IMPACT: The fiscal impact for the Parks and Recreation Department is an amount not to exceed $1,650,000. Funding will be from the Community Enrichment Fund and from CDBG Grant Funds as follows: Funding Detail: Community Enrichment = $1,120,000 Fund:4720 – Community Enrichment Organization/Activity:21300 – Park Acq or Development – Unrestricted Funds Mission Element:141 – Manage and Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account:530030 – Improvements other than a building CDBG Grants = $530,000 Fund:1059 – CDBG Grants Organization/Activity:852005F– Splash Playground Salinas Park Mission Element:132 – Revitalize & Stabilize Neighborhoods Project # (CIP Only): N/A Account:520130 – Maintenance and Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a design build contract with Progressive Commercial Aquatics, Inc. for design and construction of three splash pads at city parks as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Design Build Contract RFQ NO. 2668 SPLASH PADS FOR CITY PARKS KIM BAKER Proposal Evaluation Progressive Commercial Aquatics Splash Zone MINIMUM QUALIFICATIONS (PASS/FAIL) Required three years in business performing same services No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (60 PTS)57 33 Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (30 pts) INTERVIEW (40 PTS)40 n/a Firms' Experience (10 pts) Team's Experience (12 pts) Understanding of Project Scope (18 pts) Total 97 33 1 Rev 11/2019 CONTRACT 2668 SPLASH PADS FOR CITY PARKS DESIGN/BUILD AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER This DESIGN/BUILD AGREEMENT (the “Agreement”) is made and entered into by and between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation (“Owner”), acting through its duly authorized City Manager or Designee and Progressive Commercial Aquatics, Inc. (“Design/Builder”), a [corporation] with its principal place of business in Houston, Texas. This Contract is for the design and construction of a project identified as: Splash Pads for City Parks (“Project”). NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, Owner and Design/Builder agree as follows: ARTICLE 1 THE CONTRACT AND THE CONTRACT DOCUMENTS (A) The Contract: The Contract between Design/Builder and Owner consists of this document and the other Contract Documents described in Paragraph 1(B). The Contract shall be effective as of the date of the Notice to Proceed. (B) The Contract Documents: The Contract Documents consist of this Agreement, the Design Criteria Package (Attachment A), the General Conditions and Supplementary Conditions (Attachment B and C), the Federal Requirements for CDBG project (Attachment D), the Design/Builder’s Proposal (Exhibit 2), all Design Documents and Specifications hereafter prepared by Design/Builder and approved by Owner in accordance with this Contract (Exhibit 3). The General and Supplementary Conditions and Federal Requirements are deemed to be a part of the Contract Documents and shall be included as general provisions for use with Design Documents prepared by Design/Builder, Change Orders and Field Orders issued hereafter, along with any other written amendments executed by Owner and Design/Builder. (C) Provision Of All Things Required: Anything that may be required, implied or inferred by the Contract Documents which make up this Contract, or any one or more of them, shall be provided by Design/Builder for the Contract Price. (D) Privity Only With Design/Builder: Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between Owner and any person except Design/Builder. (E) Agreed Interpretation Of Contract Terms: When a word, term, or phrase is used in this Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage. Headings are used herein solely for convenience. 2 Rev 11/2019 (F) Use Of Singular And Plural: Words or terms used as nouns in the Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. (G) Definition Of Material Breaches Not Exhaustive: The specification herein of any act, failure, refusal, omission, event, occurrence or condition as constituting a material breach of the Contract shall not imply that any other, nonspecified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the Contract. (H) Order Of Precedence: In the event of any conflict, discrepancy, or inconsistency among any of the Contract Documents which make up this Contract, the following shall control: (1) Design Build Contract including Design Criteria Package, General Conditions, Supplementary Conditions and Federal Regulations (2) Design and Construction Documents (3) Design Build Statement of Qualifications and Pricing Proposal (4) Request for Qualifications (I) Administration: This Contract shall be administered on behalf of Owner by the Director of Engineering Services, or designee, Owner’s Authorized Representative, (hereinafter called the “OAR”), and on behalf of the Design/Builder by its duly authorized representatives. The Owner’s Authorized Representative for this Project is: Isaac Perez Brett Van Hazel Project Manager Assistant Director of Construction 1201 Leopard Street, 3rd Floor 4917 Holly Road #5 Corpus Christi, TX 78401 Corpus Christi, TX 78413 361-826-3564 361-826-3273 IsaacP@cctexas.com BrettVH@cctexas.com ARTICLE 2 DESIGN/BUILDER'S REPRESENTATIONS (A) Specific Representations: In order to induce Owner to execute this Agreement and recognizing that Owner is relying thereon, Design/Builder, by executing this Agreement, and without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, makes the following express representations to Owner: (1) Design/Builder is professionally and fully qualified to act as the design professional and the general contractor for the Project; (2) Design/Builder will maintain all necessary licenses, permits or other authorizations necessary to act as Design/Builder for the Project until Design/Builder's duties under the Contract have been fully satisfied; (3) Design/Builder has the expertise, experience, and knowledge as well as the necessary plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms of the Contract; 3 Rev 11/2019 (4) Prior to the execution of this Agreement, Design/Builder has visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed and operated, and Design/Builder has performed such tests, if any, as are necessary to determine the conditions under which the Work will be performed, and Design/Builder accepts the conditions of the Work site and has taken those conditions into account in entering into the Contract; (5) Design/Builder assumes full responsibility to Owner for the improper acts and omissions of its Subcontractors or others employed or retained by Design/Builder in connection with the Project. ARTICLE 3 REGULATORY GUIDELINES, REQUIREMENTS AND STANDARDS (A) Generally: Design/Builder shall perform all Design Services described in, contemplated by, inferable from, or necessary or desirable to achieve the objectives stated in the Design Criteria Package and the Contract, including all Design Services necessary for the Project to be properly constructed by Design/Builder and used, operated and maintained by Owner in accordance with all applicable guidelines, requirements and standards. “Design Services” means any and all architectural, engineering and design services required to be performed by Design/Builder pursuant to the Contract and all labor, materials, supervision, equipment, computers, documents, and all other things necessary for the performance of such services. “Design Criteria Package” means the document prepared by Owner that specifies the general scope of the Design Services to be performed by Design/Builder under the Contract. A copy of the Design Criteria Package is attached hereto as Attachment A and is incorporated into this Contract by reference. The Work shall be performed within the time provided by the Contract Schedule. (B) Owner's Review Of Design Services: Design/Builder shall submit all documents produced as part of the Design Services to the OAR for review in accordance with the terms of the Contract. However, any review by the OAR shall not relieve Design/Builder of or otherwise diminish its obligations under the Contract. The OAR may direct Design/Builder to make changes to any design document in order to conform the documents to Owner's objectives. Any changes by Design/Builder ordered by the OAR shall not relieve Design/Builder of its obligations under the Contract unless, and only to the extent that, Design/Builder notifies Owner in writing, within five days after receipt of Owner's directive to make changes, concerning any adverse impact on schedules, budgets, operational costs, operational performance, satisfaction of regulatory requirements, or other adverse impact that may result from the directed changes. Failure of Design/Builder to submit its notice within the five day period constitutes a waiver by Design/Builder of any claim for an adjustment to the Schedule or the Contract Time or Price. (C) Preparation Of Site Information: Design/Builder shall prepare, as necessary, surveys and topographic information including aerial photographs needed to establish line and grade of stormwater inlets, location of property lines and easements. Stormwater easements, both construction and permanent, shall be referenced to property lines by field surveys, and plans shall include the location of any improvement as it relates to property lines. Owner expressly does not warrant any information provided by it in connection with preparation of the above-mentioned information; Design/Builder, however, may reasonably rely on information provided by Owner to the extent the information has been prepared by Owner or an independent consultant hired by Owner to prepare the information specifically for this Project, without absolving Design/Builder from its responsibility to independently verify or investigate information that a reasonable, prudent professional architect or engineer should or would inquire about. 4 Rev 11/2019 (D) Quality Of Design Services: Design/Builder shall be responsible for the professional quality, completeness, accuracy, and coordination of Design Documents. Design/Builder shall provide Design Services that will result in an operationally cost-efficient and economical facility in accordance with the standard of care specified in the General Conditions. Design/Builder shall provide for all quality control reviews required by sound professional architectural and engineering practices and by governmental authorities having jurisdiction over the Project. (E) Compliance With Laws and Regulatory Requirements: In providing Design Services, Design/Builder shall comply with the lawful requirements of federal, state and local authorities having lawful jurisdiction over the Project. Design/Builder shall design the Project to meet applicable requirements of building control laws and regulations in relation to the design, construction, occupation and operation of the Project, including without limitation, environmental standards, fire and safety regulations, Americans with Disabilities Act (ADA) regulations, and requirements and compliance with other applicable standards and codes. (F) Duty To Correct Errors: Design/Builder shall, without additional compensation, immediately correct any errors, omissions or deficiencies in its Design Services and Design Documents. (G) Schedule Of Design/Build Services: Design/Builder shall, within ten calendar days after Notice to Proceed with the Agreement, submit for Owner's approval the Schedule for the performance of Design/Builder's Services for Design and Construction phases, which shall include allowance for reasonable time required for the OAR's review of submissions and for approvals of authorities having jurisdiction over the Project. This Schedule shall, upon approval by the OAR, be considered incorporated and made a part of this Contract. The Schedule, when approved by the OAR, shall not, except for good cause, be exceeded by Design/Builder. Should Design/Builder at any time during the course of performing the Contract, have reason to believe that it will be unable to meet any completion date in accordance with the Schedule, it shall immediately notify the OAR in writing. Design/Builder shall state the reason for the delay in the notice, including the party responsible, if any, and the steps being taken to remedy or minimize the impact of the delay. Failure of Design/Builder to submit such notice shall constitute a waiver by Design/Builder of any claim for an adjustment to the Contract Price, the Schedule, or the Contract Time. All extension of time shall be governed by the General Conditions. Subject to the provisions of Paragraph 13(G) of this Agreement, Owner shall review, where appropriate, the Schedule, or any portion thereof. ARTICLE 4 PRELIMINARY CONSULTATION AND PROJECT ANALYSIS (A) Determining The Project Objectives: Prior to the preparation of the Preliminary Design as required by Article 5 below, Design/Builder shall first consult in detail with Owner, and shall carefully analyze any information furnished by Owner concerning requirements of the Project, including but not limited to, any design, construction, scheduling, budgetary or operational requirements, limitations, and objectives, as well as the Design Criteria Package. (B) Report on Project Requirements and Objectives: Based on its study and analysis, and no later than ten days after Notice to Proceed with Agreement, Design/Builder shall prepare and submit to Owner a written report detailing Design/Builder’s understanding and analysis of the Project requirements and identifying any design, construction, scheduling, budgetary, operational or other problems that may result from said requirements. The written report of Design/Builder shall also include proposed solutions, including design alternatives if appropriate, addressing each of the identified problems. Design/Builder shall review such 5 Rev 11/2019 report with Owner and shall implement such changes as Owner may require as provided in Paragraph 3(B) of this Agreement. (C) Scheduling: Based upon the Design/Builder recommendation that the Project Schedule should be “fast tracked,” Owner agrees to review the proposed plan of action promptly. ARTICLE 5 PRELIMINARY DESIGN (A) Time For Preliminary Design: Not later than the date called for in the Design/Builder’s Schedule, Design/Builder shall prepare and submit to the OAR a Preliminary Design for the Project. (B) Contents Of Preliminary Design: The Preliminary Design shall address all requirements of the Project and shall include, without limitation, the following: (1) preliminary drawings that illustrate each of the basic components of the Project including the size, scale, location, dimensions and character of each structure; (2) preliminary drawings that illustrate a site plan for each functional area of the Project and dimensions thereof; (3) preliminary drawings and specifications illustrating and describing the architectural, electrical, mechanical, structural and manufacturing systems of the Project; (4) a written description of the materials and equipment to be incorporated into the Project and the location of same; and (5) any other documents or things required to illustrate, describe or depict the Preliminary Design and the conformity of same with the requirements of the Design Criteria Package and this Contract. (C) To Be Reviewed With Owner: Design/Builder shall review the Preliminary Design with the OAR and shall incorporate any changes ordered by the OAR in regard to the Preliminary Design or the requirements of the Project. (D) Authorization To Proceed With Detailed Design: After review of the Preliminary Design and incorporation of any changes ordered by the OAR, the Design/Builder shall commence preparing the Detailed Design. ARTICLE 6 DETAILED DESIGN (A) Time For Preparation: Not later than the date called for in the Design/Builder’s Schedule, Design/Builder shall prepare and submit to the OAR the complete Detailed Design. (B) The Detailed Design: The Detailed Design shall include all Design Documents which shall describe with specificity all elements, details, components, materials, and other information necessary for the complete 6 Rev 11/2019 construction of the Project and the rendering of the Project fully operational for its intended purposes, including satisfaction of all testing, permitting, qualifications, certifications, validations, and obtaining regulatory approvals by all applicable regulatory authorities required to complete the Project and all its components operational and functionally and legally usable for their intended purpose. Subject to the provisions of Paragraph 13(G) of this Agreement, Owner shall review, where appropriate, the Design Documents, or any portion thereof. (C) Design Documents: Design Documents means all the design documents provided by Design/Builder pursuant to the Contract including, without limitation, those for use in constructing the Project, performing the Work, and the rendering of the Project fully operational, and shall include, without limitation, detailed plans, drawings, specifications, manuals, and related materials prepared by or on behalf of Design/Builder. (D) Guaranteed Maximum Price Includes Detailed Design: The Guaranteed Maximum Price, as set forth in Article 10 below, shall include the cost of constructing the Project Work in strict accordance with the requirements of the Detailed Design. ARTICLE 7 CONSTRUCTION SERVICES (A) General Intent: Design/Builder shall perform all Work necessary to construct the Project in accordance with the Contract, and to render the Project and all its components operational and functionally and legally usable for their intended purpose. (B) Work Defined: The term “Work” shall mean whatever is done by or required of Design/Builder to perform and complete its duties relating to the construction of the Project under the Contract, including, without limitation, the following: (1) construction of the whole and all parts of the Project in full and strict conformity with the Contract; (2) the provision and furnishing, and prompt payment therefor, of all labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, other utilities and things required for the construction of the Project; (3) the procurement and furnishing of all necessary building and other permits required for the construction of the Project; (4) the creation and submission to Owner of detailed as-built drawings depicting all as-built construction; (5) the furnishing of any required surety bonds and insurance as required by the Contract; (6) the furnishing of all equipment and product warranties, manuals, test results and user guides required by the Contract or otherwise reasonably available to Design/Builder; and (7) the furnishing of all other services and things required or reasonably inferable from the Contract Documents, including the provisions of Article 9 below. 7 Rev 11/2019 ARTICLE 8 PERIOD OF PERFORMANCE: THE CONTRACT TIME (A) Time For Completion: Design/Builder shall commence the Work once the plans and specifications are permitted, and the Work shall be carried out regularly and without interruption. Design/Builder shall substantially complete the Work not later than May 22, 2020, or such other date as may by Change Order be designated (the “Scheduled Completion Date”). The number of calendar days between the effective date of the Contract and the Scheduled Completion Date is the “Period of Performance.” Design/Builder shall achieve Final Completion of the Work no later than thirty (30) calendar days after achieving Substantial Completion. (B) Liquidated Damages For Delay In Substantial Completion: Design/Builder shall pay Owner the sum of Dollars $450.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the Scheduled Completion Date. Any sums due and payable hereunder by Design/Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this Agreement. Such liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Substantial Completion so long as Design/Builder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder's performance hereunder for matters other than delays in Substantial Completion. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages. (C) Liquidated Damages For Delay In Final Completion: If Design/Builder fails to achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Design/Builder shall pay Owner the sum of Dollars $450.00 per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Design/Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this Agreement. Liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Final Completion so long as Design/Builder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder's performance hereunder for matters other than delays in Final Completion. When Owner reasonably believes that Final Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. If and when Design/Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages. (D) Time Is Of The Essence: All limitations of time set forth in this Agreement are material and time is of the essence of the Contract. ARTICLE 9 8 Rev 11/2019 ADDITIONAL DUTIES AND RESPONSIBILITIES OF DESIGN/BUILDER (A) Design/Builder To Perform All Work Required By The Contract: The intent of the Contract is to require complete, correct and timely execution of the design and the Work. Any and all Work that may be required, reasonably implied, or reasonably inferred by the Contract, or any part of it, as necessary to produce the intended result shall be provided by Design/Builder for the Guaranteed Maximum Price as provided in Article 10 of this Agreement. (B) Strict Compliance With The Contract Documents: All Work performed by Design/Builder shall be in strict compliance with the Contract. “Substantial compliance” is not strict compliance. Any Work not in strict compliance with the Contract is defective. (C) Supervision Of The Construction Work: The Work shall be strictly supervised and directed using Design/Builder's best and highest skill and effort. Design/Builder shall bear full responsibility for any and all acts or omissions of those engaged in the Work on behalf of Design/Builder. (D) Warranty Of Construction Workmanship And Materials: Design/Builder warrants and guarantees to Owner that all labor furnished to perform the Work under the Contract will be competent to perform the tasks undertaken and in the best quality obtainable, that the product of such labor will yield only results in strict compliance with the Contract, that materials and equipment furnished will be of high quality and new unless otherwise permitted by the Contract, and that the Work will be of high quality, free from faults and defects and in strict conformance with the Contract. Any and all Work not strictly conforming to these requirements shall be considered defective and shall constitute a breach of Design/Builder's warranty. (E) Commencement Of Guarantee And Warranty: Special or specific guarantees and warranties which are required by the Contract to run for a fixed period of time shall commence running on the date of Substantial Completion of all Work. (F) Record Copy Of Contract Documents: Design/Builder shall continuously maintain at the site Contract Documents in compliance with Paragraph 20.08 of the General Conditions. (G) Review And Approval Of Submittals: Design/Builder shall review, study, and approve, or take other necessary action upon all Shop Drawings, Product Data, Samples and other Submittals to ensure that the Project will be constructed in a timely fashion in strict compliance with the Contract. No deviation from, substitution for, or other modification from the Contract Documents shall be allowed by Design/Builder in a shop drawing or submittal without written approval, in the form of a Change Order, from Owner. Design/Builder shall engage in prompt and adequate review of Shop Drawing and other Submittals to maintain the Construction Schedule; Design/Builder also warrants it will use its best independent professional judgment in its review to determine compliance with the Contract Documents. (H) Owner’s Option To Review Submittals: Owner shall also, in its discretion, have the right to review Submittals, and if Owner so elects, Design/Builder shall not perform any portion of the Work as to which Owner has required submittal and review until such Submittal has been reviewed by the OAR. Review by the OAR, however, shall not be evidence that Work installed pursuant to the OAR’s review conforms to the requirements of the Contract nor shall such reviews relieve Design/Builder of any of its responsibilities or warranties under the Contract. If Owner elects to review Submittals, Design/Builder shall maintain a Submittal log which shall include, at a minimum, the date of each Submittal, the date of any resubmittal, the date of any review, and a list of concerns. Design/Builder shall have the duty to carefully review, inspect and 9 Rev 11/2019 examine any and all Submittals before submission of same to Owner. Shop Drawings and other Submittals from Design/Builder do not constitute a part of the Contract. (I) Procurement And Review Of Warranties: Design/Builder shall procure from all Subcontractors and Suppliers and shall transmit to the OAR, all warranties required by the Contract. Design/Builder shall review all such warranties and shall certify to Owner that the warranties are in strict compliance with the requirements of the Contract. (J) Procurement Of Operations and Maintenance Documentation: Design/Builder shall prepare or procure and shall transmit to the OAR all documentation required by the Contract regarding the operation and recommended maintenance programs relating to the various elements of the Work. (K) As-Built Drawings: Design/Builder shall prepare and provide to the OAR a complete set of all as-built drawings which shall be complete and, except as specifically noted, shall reflect performance of the Work in strict compliance with the requirements of the Contract. (L) Compliance With Labor Laws: Design/Builder shall assume all labor responsibility for all personnel assigned to or contracted for the performance of the Work and agrees to strictly comply with all its obligations as employer with respect to said personnel under all applicable labor laws. (M) Testing, Inspections, And Approvals: Design/Builder shall be responsible for procuring all tests and inspections required by sound professional practices and by governmental authorities having jurisdiction over the Project. Design/Builder shall submit certified results of such tests to Owner. If the laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to be specifically inspected, tested, or approved, Design/Builder shall assume full responsibility therefore, pay all costs in connection therewith and furnish to Owner the required certificates of inspection, testing or approval. (N) Owner's Regulations And Applicable Laws: Design/Builder shall, during the course of the Work, comply with any regulations or guidelines prescribed by Owner. Design/Builder warrants that it will comply with all public laws, ordinances, rules and regulations applicable to the services to be performed under the Contract, including without limitation, those relating to the terms and conditions of the employment of any person by Design/Builder in connection with the Work to be performed under the Contract. (O) Compliance With Regulations: Design/Builder shall perform the Work in accordance with all codes, laws, ordinances or regulations applicable to the design and execution of the Work. Any fine or penalty which may be imposed as consequence of any violation of this provision shall be paid by Design/Builder, and Design/Builder shall fully indemnify and hold Owner harmless from all loss, damage, and expense, including attorney's fees, resulting from any such violation or alleged violation of codes, laws, ordinances, or regulations, regardless of a concurrent contribution by Owner, through negligence or other wrongful act, to such loss, damage, or expense, except that such indemnity shall not apply if the violation is solely and directly caused by a negligent or willful act or omission of Owner, its officers, agents, or employees. (P) Permits, Licenses And Notices: All construction and building permits, licenses and authorizations necessary for the construction of the Project shall be secured and paid for by Design/Builder. Design/Builder shall notify the OAR when it has received said permits, licenses, and authorizations, and upon receipt shall supply the OAR with copies of same. The originals of permits, licenses and authorizations shall be delivered to the OAR upon completion of the Work, and receipt of these documents by Owner shall be a condition 10 Rev 11/2019 precedent to final payment. Design/Builder shall also give and maintain any and all notices required by applicable laws pertaining to the construction of the Work. (Q) Site Safety, Access and Cleaning: Design/Builder shall continuously maintain the Site in strict compliance with Article 19 of the General Conditions. (R) Repair Of Collateral Damage: Unless otherwise instructed by Owner, Design/Builder shall repair and return to original condition all buildings, streets, curbs, sidewalks, utilities or other facilities affected by Design/Builder's performance of the Work. (S) Design/Builder To Remain An Independent Contractor: In performing under the Contract, the relationship between Owner and Design/Builder is that of independent contractor, and the execution of this Agreement does not change the independent status of Design/Builder. Design/Builder shall exercise independent judgment in performing its duties under this Contract and is solely responsible for scheduling or prioritizing the Contract work flow and determining how all Contract work is to be performed. No term or provision of the Contract or act of Design/Builder in the performance of the Contract shall be construed as making Design/Builder the agent, servant or employee of Owner. ARTICLE 10 CONTRACT PRICE (A) Project Guaranteed Maximum Price: Owner shall pay, and Design/Builder shall accept, as full and complete payment for the Project, a Guaranteed Maximum Price (“GMP”) not to exceed $1,650,000.00, payable on the basis of monthly billings as Services are completed and accepted by the OAR. The GMP guarantees to Owner the price for which the design and construction phase services will be completed within the Schedule and the Project Budget. (B) Owner agrees to perform its responsibilities so as to assist Design/Builder to facilitate the completion of the Project and represents to Design/Builder that there will be sufficient funds available to pay Design/Builder up to the GMP, as adjusted by any Change Order. The GMP, unless changed by Amendment or Change Order, represents the absolute limit of obligation or liability that Owner may ever have insofar as the cost for full and final completion of the Project, and the total of all payments to Design/Builder or its Subcontractors, are concerned. Should additional amounts be required to be expended, over and above the GMP, to achieve completion of the Work, including Project construction, and payment to Design/Builder, in accordance with the Contract, liability for and payment of such additional amounts shall be the sole responsibility of Design/Builder and its Contract Surety herein, and Owner shall never be liable for same. Owner's limitation of obligation or liability set out in this Paragraph shall be incontrovertible and unequivocal; any term or provision of this Agreement, the Exhibits, attachments, or provisions incorporated by reference in or to this Agreement, or of any Subcontract executed in furtherance of the anticipated Work under the Contract shall not be construed or deemed to alter or waive this absolute condition. Likewise, Design/Builder's absolute responsibility for the completion of the Project in accordance with the Contract Documents, including the Plans and Specifications, and within the agreed cost constraints, as well as Design/Builder's agreement to bear all costs in excess of the GMP without recourse to Owner, if such excess costs are necessary for the completion of the Work, shall be incontrovertible and undisputable, and shall take precedence over all other terms and provisions of this Agreement and the Exhibits hereto, no part of which shall be deemed to alter, diminish or waive such obligations. (C) Management of Construction Work: In addition to the Work Design/Builder will perform, it will also 11 Rev 11/2019 provide all the usual and necessary traditional construction management services incident to construction projects of the nature and scope of this Project. The services required are not intended in any manner to diminish the overall responsibility of Design/Builder for the full and final completion of the Work within the time and cost constraints specified in the Contract. (D) Cost Of Work: Owner agrees to pay Design/Builder for the Cost of the Work as defined in the General Conditions, subject to submission by Design/Builder of all backup substantiation as may be reasonably required by the OAR. However, in no event shall the sum of payments for the Cost of the Work and any other Design/Builder compensation exceed the GMP, as adjusted by Change Order. This includes costs necessarily incurred in the performance of the Work during the Construction Phase, and paid or payable by the Design/Builder, as set forth in more detail in Article 15 of the General Conditions. (E) Owner may, at its option, offset any amounts due and payable under the Contract against any debt (including taxes) lawfully due to Owner from Design/Builder, regardless of whether the amount due arises pursuant to the terms of the Contract or otherwise and regardless of whether or not the debt due to Owner has been reduced to judgment by a court. ARTICLE 11 PAYMENT OF THE CONTRACT PRICE (A) Payment Procedure: Design/Builder shall submit an Application for Payment to the OAR in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. (B) Time For Payment: Within 30 days after receipt by Owner of a properly prepared and certified request for payment, Owner shall make payment to Design/Builder in an amount equal to the total of the Cost of the Work and Services properly performed or furnished as of the date covered by such request for payment in accordance with the Schedule of Values established as provided in the General Conditions, less retainage in the amount of 5%, and less any payments previously made by Owner to Design/Builder. (C) Right To Audit: Owner shall be entitled to rely upon the accuracy and completeness of the information furnished by Design/Builder in connection with its request for payment. Owner shall have the right, however, upon demand, to make a detailed examination, audit or inspection of Design/Builder’s books and records for the purpose of verifying the accuracy and completeness of such information. In the event Owner determines that Design/Builder has been paid any sums not due Design/Builder, same shall be reimbursed by Design/Builder to Owner within 48 hours of demand by Owner. (D) Condition Precedent To Final Payment: Notwithstanding any other provision in the Contract Documents, final payment shall not be made to Design/Builder until Design/Builder has fully performed all of its obligations under the Contract and the Design Services and the Work are fully complete. (E) Prompt Payment: Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 12 Rev 11/2019 ARTICLE 12 SUBSTANTIAL AND FINAL COMPLETION (A) Substantial Completion: A condition precedent to Substantial Completion is the receipt by Owner of all necessary certificates of occupancy of other authorizations for the use and occupancy of the Project required by any governmental or regulatory authority. (B) Determination of Substantial Completion: When Design/Builder believes that the Work is substantially complete, Design/Builder shall notify the OAR in writing and shall submit to Owner a list of minor items remaining to be completed or corrected. The OAR, or an independent consultant hired by Owner, will perform an inspection. If the Work is substantially complete, in the sole opinion of Owner, Owner will prepare a Certificate of Substantial Completion, which shall establish the date of Substantial Completion. (C) Final Completion: Final Completion means the completion of all Design Services and all Work required by, and in strict compliance with, the Contract, including Design/Builder’s provision to Owner of all documents and things required to be provided by the Contract. (D) Determination of Final Completion: When Design/Builder believes that all of the Work is finally complete, and Design/Builder is ready for a final inspection, Design/Builder shall notify the OAR in writing. The OAR, or an independent consultant hired by Owner, will make a final inspection of the Work. If the Work is complete in strict accordance with the Contract, and the Contract has been fully performed, then Owner will instruct Design/Builder to submit a Request for Final Payment pursuant to Articles 17 and 29 of the General Conditions. ARTICLE 13 OWNER'S DUTIES, OBLIGATIONS, AND RESPONSIBILITIES Owner’s duties, obligations and responsibilities are set forth in the General Conditions. ARTICLE 14 PROJECT DOCUMENTATION (A) Maintenance Of Project-Related Records: Design/Builder shall maintain and protect all records relating in any manner whatsoever to the Project (the “Project Records”) for no less than four years after Final Completion of the Project, and for any longer period of time as may be required by law or good management practice. (B) Availability Of Project-Related Records To Owner: All Project Records which are in the possession of Design/Builder or Design/Builder’s Subcontractors shall be made available to Owner for inspection and copying upon Owner's request at any time. Additionally, such records shall be made available upon request by Owner to any state, federal or other regulatory authorities, and any such authority may review, inspect and copy such records. The Project Records include, without limitation, all drawings, plans, specifications, submittals, correspondence, logs, minutes, memoranda, photographs, tape or videotape recordings, or other writings or things which document the Project, its design, or its construction. Said records include those documents reflecting the cost of design and construction to Design/Builder. 13 Rev 11/2019 ARTICLE 15 CHANGES AND EXTENSIONS OF TIME (A) Owner's Right To Order Changes: Changes in the Work under the Contract, consisting of additions, deletions, revisions or any combination thereof, may be ordered unilaterally by Owner without invalidating the Contract. Such changes shall be communicated by Change Order, Field Order or supplemental agreement, as applicable. Design/Builder shall proceed diligently with any changes, and same shall be accomplished in strict accordance with the terms and conditions as set forth in the General Conditions. (B) Changes and Extensions of Time: All change orders, changes requested by Design/Builder, or extensions of Contract Time occurring during construction of the Project related to actual Work shall be governed by the General Conditions. All changes to the scope of Design Services or extensions of the agreed upon Design Schedule during the design process shall be made by mutual agreement of Owner and Design/Builder, and claims for an increase in design compensation due to a change in the scope of Design Services or for an extension of time to the Design Schedule shall be made in writing within seven days after occurrence of the event that gives rise to the claim. All requests for additional compensation due to a change in the scope of Design Serves and all requests for an extension of time to the Design Schedule shall include sufficient backup documentation for Owner to reasonably understand the request and the amount of time or compensation requested and to determine the merits of the request. (C) Adjustments To Guaranteed Maximum Price Or Contract Time: Upon the occurrence of a change order for Work which increases the Cost of the Work, the Guaranteed Maximum Price will thereafter include such Cost of the Work and Services attributable to such change to the extent allowed by Paragraph 10(B). The failure of Design/Builder to provide timely notice in writing to Owner in accordance with Paragraph 15(B) of any request for an increase in the Guaranteed Maximum Price or for an extension of the Contract Time shall constitute a waiver by Design/Builder of any entitlement thereto. (D) Continuing Duty To Perform Construction Work And Make Payment; In the event the parties are unable to agree on the terms of a Change Order, then Design/Builder shall continue to diligently perform the Work, including any change directed by Owner by Change Order, and shall keep thorough time and material records of the cost of performance of such Change Order or Supplemental Agreement. ARTICLE 16 CLAIMS BY DESIGN/BUILDER (A) Terms And Conditions Of Claims: Claims by Design/Builder against Owner are subject to the terms and conditions of this Article 16, and strict compliance herewith shall be a condition precedent to any liability of Owner therefor. (B) Claim Procedures: All claims for additional compensation or additional time, regardless of their nature, when they occur, or whether they occur during the design or construction phase, shall be governed by the procedures of the General Conditions. (C) Continuous Duty To Provide Documentation: Design/Builder shall provide, and continue to provide, to Owner all such documentation, including cost and time records, as and when Owner may request so that Owner may evaluate Design/Builder's claim. (D) Duty To Continue Performance: Design/Builder shall continue its performance under the Contract 14 Rev 11/2019 regardless of the existence of any claims submitted by Design/Builder against Owner. (E) Claims For Increase In Compensation: In the event Design/Builder seeks to make a claim for an increase in the GMP, as a condition precedent to any liability of Owner for any claim, Design/Builder shall strictly comply with the requirements of Paragraph 16(B) above and such notice shall be given by Design/Builder before proceeding to execute any alleged additional or changed Work. Failure of the condition precedent to occur shall constitute a waiver by Design/Builder of any claim. (F) Limit Of Owner's Liability For Increased Compensation: In connection with any claim by Design/Builder against Owner for compensation in excess of the GMP, any liability of Owner shall be strictly limited to the Cost of the Work and Design Services as defined and allowed in Article 10 above and shall in no event include, indirect, consequential, impact or other costs, expenses or damages of Design/Builder or its Subcontractors. Owner shall not be liable to Design/Builder for claims of third parties, including Subcontractors, for acts, omissions, events, or conditions for which Owner would not be liable to Design/Builder under the terms of the Contract. As a condition precedent to Owner's liability to Design/Builder for any loss or damage resulting from claims of third parties, including Subcontractors, such third parties must have complied with all conditions contained in their agreements with Design/Builder and such claims must have been submitted to Owner by Design/Builder in strict compliance with all the requirements of this Article 16. Owner shall not be liable to Design/Builder for claims of third parties, including Subcontractors, unless and until the liability of Design/Builder has been established in a court of competent jurisdiction. (G) Owner’s Right to Order Acceleration And To Deny Claimed And Appropriate Time Extensions, In Whole Or In Part: Design/Builder acknowledges and agrees that Substantial Completion of the Work by or before the Scheduled Completion Date is of substantial importance to Owner. Owner shall accordingly have the right in its sole discretion to order Design/Builder to accelerate its progress in such a manner as to achieve Substantial Completion on or before the Scheduled Completion Date of May 22, 2020, and Design/Builder shall comply with such order. (H) Claims Resolved By Change Order: The resolution of any claim under this Article 15 shall be reflected by a Change Order executed by Owner and Design/Builder. ARTICLE 17 SUSPENSION AND TERMINATION (A) Suspension Of Performance: Owner may for any reason whatsoever suspend performance under the Contract in accordance with Article 18 of the General Conditions. (B) Termination By Owner For Convenience: Owner reserves the right, for any reason whatsoever (including, but not limited to, nonappropriation of funding), or without reason, to terminate performance under the Contract by Design/Builder for convenience in accordance with Article 18 of the General Conditions. (C) Termination By Owner For Cause: Owner reserves the right to terminate for cause in accordance with Article 18 of the General Conditions if Design/Builder does not perform the Work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise commits a violation of a material provision of the Contract, then Owner may by written notice to Design/Builder, without 15 Rev 11/2019 prejudice to any other right or remedy against Design/Builder or others, terminate the performance of Design/Builder and take possession of the Project site and of all materials and equipment at the site and may finish the Work by whatever methods it may deem expedient. In such cases, Design/Builder shall not be entitled to receive any further payment until the Work is finished. ARTICLE 18 OWNERSHIP OF DOCUMENTS Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans ARTICLE 19 INDEMNITY (A) Professional Services Indemnity: Design/Builder shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subcontractor/consultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Design/Builder or its agent, Design/Builder under contract or another entity over which Design/Builder exercises control while in the exercise of rights or performance of the duties under the Contract. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Design/Builder shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Design/Builder shall reimburse the City’s reasonable attorney’s fees in proportion to the Design/Builder’s liability. Design/Builder must advise City in writing within 24 hours of any claim or demand against City or Design/Builder known to Design/Builder related to or arising out of Design/Builder’s activities under the Contract. (B) Construction Services Indemnity. Design/Builder shall indemnify, defend, and hold harmless the Owner in accordance with Paragraph 7.14 of the General Conditions. 16 Rev 11/2019 ARTICLE 20 INSURANCE AND SURETY BONDS (A) General Insurance Requirements: Design/Builder shall procure, pay for, and maintain during the term of the Contract, with a company authorized to do business in the State of Texas and otherwise acceptable to Owner, the minimum insurance coverage below as detailed in Article 6 of the General and Supplementary Conditions (B) Liability Notwithstanding Insurance: Approval, disapproval or failure to act by Owner regarding any insurance supplied by Design/Builder or its Subcontractors shall not relieve Design/Builder of full responsibility or liability for damages, errors, omissions or accidents as set forth in the Contract. The bankruptcy or insolvency of Design/Builder’s insurer or any denial of liability by Design/Builder’s insurer shall not exonerate Design/Builder from the liability or responsibility of Design/Builder as set forth in the Contract. (C) Performance Bond And Payment Bond: Upon execution of the Contract, Design/Builder shall furnish to Owner separate performance and payment bonds in the penal sum of 100% of the construction amount. The bonds must comply with Article 6 of the General Conditions and shall be written on the form provided by the Owner. ARTICLE 21 NOTICES Except as otherwise provided in the Contract, any notice, payment, statement, or demand required or permitted to be given under the Contract by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. If intended for Owner, to: Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78401 JeffreyE@cctexas.com 361-826-3500 If intended for Design/Builder, to: Name: Russell Leto Title: CFO Company: Progressive Commercial Aquatics, Inc. Address: 2510 Farrell Rd. Houston, Texas 77073 Email: russell@proaquatic.com Phone: 281-982-0212 (Signatures on next page) 17 Rev 11/2019 CITY OF CORPUS CHRISTI DESIGN/BUILDER Mark Van Vleck Assistant City Manager By: Title: APPROVED AS TO LEGAL FORM: Assistant City Attorney Address, City, State, Zip Phone Email ATTEST (IF CORPORATION) (Seal Below) Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Attached and Incorporated by Reference Attachment A: Design Criteria Package Attachment B: General Conditions Attachment C: Supplementary Conditions Attachment D: Federal Requirements Incorporated by Reference Only Exhibit 1: Request for Qualifications/Request for Proposal (RFQ/RFP) Exhibit 2: Design/Builder’s Statement of Qualifications and Price Proposal Exhibit 3: Design/Builder’s approved Plans and Specifications Russell Leto CFO 2510 Farrell Rd Houaton, TX 770703 281-982-0212 russell@proaquatic.com Attachment A Scope of Work/Design Criteria 1.0. General Requirements A. The Design/Builder shall provide for a turnkey project which includes all required administration, design, permitting, construction, testing and commissioning for splash pads at three City parks. The completion date for the full design and build of the three splash pads is May 22, 2020, so that they are available to the public for use on Memorial Day weekend. B. The Design/Builder shall provide all labor, administration, design, equipment, materials, permitting, construction and warranty of splash pads. The splash pads shall be approximately 1,000 square feet of wetted surface at Lindale Park, approximately 2,000 square feet of wetted surface at both Manuel Q. Salinas Park and Bill Witt Park. Each design shall have a dry area spray perimeter of 5 feet of cement area, four tables (two standard and two ADA compliant), four benches and a minimum of two sail type shaded structures to cover both the wetted surface and seating areas. See attached site maps for each park location (Attachments A-1 to A-3). C. The splash pad designed at Manuel Q. Salinas Park will be completed as part of a Community Development Block grant. The City will be utilizing Federal Funds; therefore, Federal Provisions will need to be followed with the installation of this splash pad. See attached graphic showing the required project sign for this park Attachment B-1). 1.1. Work Sites The splash pads shall be designed and installed at the following work sites: A. Manuel Q. Salinas Park – 1354 Airport Rd, Corpus Christi, TX 78405 B. Bill Witt Park – 6869 Yorktown Blvd, Corpus Christi, TX 78414 C. Lindale Park – 3133 Swantner St., Corpus Christi, TX 78404 1.2. Design to Budgets A. Manuel Q. Salinas Park – $550,000 B. Bill Witt Park – $550,000 C. Lindale Park – $550,000 1.3. Scope of Work A. The Design/Builder will design and construct the pad surface, water features, dry area and all equipment for fully functioning splash pads at each location. The Contractor will also furnish and install all materials, equipment and required site work. Concrete foundation for the pads, water and wastewater connections, as well as any miscellaneous electrical requirements must be included. Design elements must confirm to the basis of design. All site work activities must adhere to all applicable State, County and Local Municipality requirements. The Design/Builder will provide engineered, signed and sealed drawings and specifications needed to acquire all required permits and will deliver a complete set of as built drawings to the City for each park. B. In order to meet the completion timeline, the Design/Builder shall provide a comprehensive schedule to allow for surveys, permitting, design and construction to occur during the time requirement. The project can be broken down into phases to complete the work, for example, Phase 1 can consist of permitting, site grading, utility tie-ins, Phase 2 can consist of Design and approval, etc. Construction of the phases can run simultaneously and is permitted for all three sites. C. Design – the exact scope of work will be determined by the City during the design period. The Design/Builder will work in collaboration with the City to further additional details for the scope of work, estimates, and schedules all taking into consideration the lowest life cycle cost to the City. General design requirements include, but are not limited to: 1. Design of re-circulating systems 2. The tank size shall be sufficient in usable water volume of a minimum of 4 times the maximum combined feature flow rate 3. Zero contained depth with gravity flow, non-suction drains 4. Designated areas for various age groups of children between the ages of 2 to 5 years and 5 to 12 years 5. Components to be mix of flush mounted sprays and standing spray components 6. Ability to change playtimes and scenarios for each feature 7. Complete automated controls, to include activators for each play area 8. Interchangeable series with corresponding Gallons Pump Manufacturing (GPM) features to allow for future design variety 9. Lightning detection with automatic shutdown and alarm 10. Foot and body shower separate from the splash pad wetted area 11. Water features shall be designed to conform to all requirements of public health and state departments, World Waterpark Association (WWA) Considerations of Operating Safety, published by the WWA, national Electric Code, and American Society of Testing of Materials and applicable state and local building codes and must be Americans with Disabilities Act (ADA) compliant. 12. Any and all structures and features shall meet the minimum windstorm requirements appropriate for the location. 13. Designed to provide the lowest life cycle cost to the City, and mindful of the corrosive environment of the Coastal Bend area. D. Filtration System Requirements The filtration system must be in compliance with all State and Local Department of Health standards and must include at a minimum, the following parameters: 1. Reservoir/Holding Tank a. Size shall be sufficient in usable water volume of minimum 4x the maximum combined feature flow rate. b. Tank lid shall open to expose 100% of the surface area c. Automatic freshwater fill and water leveling device 2. Filtration Enclosure a. Equipment manufactured with stainless steel frame, with lockable aluminum sliding doors for simple access to all components, with a portion of the assembly below grade b. Complete filtration assemble must be U. L. certified 3. Filtration Equipment a. All internal filtration components must be NSF approved b. Feature pumps shall be sufficient to operate all spray features at once and activated by touch c. Water sanitation must be electronically automated with tablet chlorine feeder, Ph adjustment and auto shut off with alarm d. Chemical crocks shall be securely contained 4. Control System a. All controllers must be touch programmable with on screen prompts and menu. (Controllers must be certified U.L.) b. Controllers must perform, at a minimum, the following functions: Control the pad days and hours of operation; control activation and sequencing of all spray features without limits to times or patterns; monitor, display and control water chemistry 5. Ultraviolet System a. Size shall be sufficient to usable water volume E. Preferred Material Specifications 1. Equipment shafts, base plates and bodies: 604 Stainless Steel 2. Anchor assemblies and bodies: 304 Stainless Steel 3. Fasteners; stainless steel and tamper resistant 4. Nozzles; stainless steel 5. Dynamic sequencing control 6. Fast acting solenoids F. Additional Amenities Amenities per park shall have a coastal/extreme climate coating to resist rusting and include the minimum number of items listed below: 1. Two six-foot-long standard tables 2. Two six-foot-long ADA Tables 3. Four five-foot Benches – benches are to be placed outside of the dry area perimeter - in ground mount only 4. Shade structure – The desired shade should be sail type to cover both the wetted surface and seating areas, and must meet the minimum windstorm requirements for the location G. Splash Pad Schematic Three different schematic designs are required, one for each park. The selected designs for each park will become the basis for design. The schematics should include but are not limited to: 1. Spray Features 2. Filtration system 3. Dry perimeter 4. Shade Structure 5. Tables and Benches H. Design Phase 1. The Design/Builder shall provide a fully permittable set of plans and specs for each location. Plans shall be prepared in accordance with the City of Corpus Christi’s Plan Preparation Standards and Format guidelines that can be found at: City of Corpus Christi, Texas Engineering Services Dept. – Plan Preparation Standards and Contract Format https://www.cctexas.com/sites/default/files/engineering-cpps-city-plan- preparation-standards.pdf City of Corpus Christi, Texas Engineering Services Dept. – Standard Specifications https://www.cctexas.com/promo/standard-specifications 2. The Design/Builder shall work in collaboration with the City to refine the Preliminary Scope of Work to identify the optimum and maximum scope of work within the project budget. 3. The Design/Builder shall attend meetings with stakeholders and assist the City in the dissemination of project information and respond to questions regarding scope, cost, schedule, etc. 4. The Design/Builder shall progress the design to 30%, 90% and final design complete milestones. 5. The Design/Builder shall meet with City at 30%, 90% final design complete milestones to review scope of work, cost estimate and schedule. 6. During the design progression, the Design/Builder shall assist the City in the continuing evaluation of scope of work items as to cost estimates, life cycle cost consideration, annual maintenance costs, and schedule impacts as the City seeks to secure the maximum and optimum scope of work for this project. 7. The Design/Builder shall submit the engineered design documents to be approved by the City before any ordering or manufacturing of the components occurs. All designs shall comply with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 8. The Design/Builder shall prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities I. Pre-Installation/Construction Phase 1. The Design/Builder shall submit finalized list of subcontractors for the job 2. The Design/Builder shall submit the finalized installation schedule for approval then days prior to the start of installation 3. The CDMG project sign shall be installed prior to installation of the work. (This item is specific to Manuel Q. Salinas Park.) J. Construction/Installation Phase The Design/Builder shall be responsible for, but not limited to, the following: 1. All utility tie-ins to include power, site survey, and geo-technical survey, which includes all subsurface investigation 2. Ensuring all construction documents are approved prior to ordering or manufacturing of components, construction shall not commence without an approved set of construction documents by the City’s assigned Project Manager 3. Obtaining necessary permits; coordinating and implementing comments from the City’s Development Services Department 4. All construction permit fees tied to this project 5. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission 6. All laboratory testing, construction materials testing for the construction of the improvements 7. All testing, commissioning and training of staff for the equipment/systems 1.4. Contractor Quality Control and Superintendence The Design/Builder 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 public safety and the contract requirements. 1.5. Insurance and Bonds Insurance will be required as outlined in the contract. Payment and Performance bonds will also be required for 100% of the construction amount of the project. Insurance and bonds must be maintained throughout the term of the contract. 1.6. Compensation / Schedule of Values The Design/Builder shall provide a schedule of values for the work to be used as the basis for payment. Engineering/Design Services and Bonds and Insurance costs will need to be separated from the construction/installation activities. A separate schedule of values will be required for each Park. 1.7. Warranty Work shall be warranted for a minimum of 1 year. Attachment A-1 - Bill Witt Park Utilities and Site Map Attachment A-2 - Lindale Park Utilities and Site Map k Attachment A-3 - Manual Q. Salinas Park Utilities and Site Map Attachment B-1 - Manual Q. Salinas Park Project Sign General Conditions 00 72 00 - 1 Corpus Christi Standards – Design/Build Projects Rev 10/2019 00 72 00DB GENERAL CONDITIONS Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 9 1.01 Defined Terms ............................................................................................................................... 9 1.02 Terminology ................................................................................................................................ 14 Article 2 – Preliminary Matters ................................................................................................................... 15 2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 15 2.02 Copies of Documents .................................................................................................................. 15 2.03 Before Starting Construction ...................................................................................................... 15 2.04 Preconstruction Conference; Designation of Authorized Representatives ................................ 18 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................. 18 3.01 Intent ........................................................................................................................................... 18 3.02 Reference Standards ................................................................................................................... 20 3.03 Reporting and Resolving Discrepancies ...................................................................................... 20 3.04 Interpretation of the Contract Documents ................................................................................. 21 3.05 Reuse of Documents ................................................................................................................... 21 Article 4 – Commencement and Progress of the Work .............................................................................. 22 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 22 4.02 Starting the Work ........................................................................................................................ 22 4.03 Progress Schedule ....................................................................................................................... 22 4.04 Delays in Contractor’s Progress .................................................................................................. 22 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ................................................................................................................................................... 23 5.01 Availability of Lands .................................................................................................................... 23 5.02 Use of Site and Other Areas ........................................................................................................ 24 5.03 Subsurface and Physical Conditions ............................................................................................ 24 5.04 Differing Subsurface or Physical Conditions ............................................................................... 25 5.05 Underground Facilities ................................................................................................................ 25 5.06 Hazardous Environmental Conditions at Site ............................................................................. 25 Article 6 – Bonds and Insurance ................................................................................................................. 25 6.01 Performance, Payment, and Other Bonds .................................................................................. 25 6.02 Licensed Sureties ........................................................................................................................ 26 General Conditions 00 72 00 - 2 Corpus Christi Standards – Design/Build Projects Rev 10/2019 6.03 Required Minimum Insurance Coverage .................................................................................... 26 6.04 General Insurance Provisions ...................................................................................................... 26 6.05 Contractor’s Insurance ................................................................................................................ 27 6.06 Property Insurance ...................................................................................................................... 30 6.07 Waiver of Rights .......................................................................................................................... 31 6.08 Owner’s Insurance for Project .................................................................................................... 31 6.09 Acceptable Evidence of Insurance .............................................................................................. 32 6.10 Certificate of Insurance ............................................................................................................... 32 6.11 Insurance Policies ........................................................................................................................ 32 6.12 Continuing Evidence of Coverage ............................................................................................... 32 6.13 Notices Regarding Insurance ...................................................................................................... 32 6.14 Texas Workers’ Compensation Insurance Required Notice ....................................................... 33 Article 7 – Contractor’s Responsibilities ..................................................................................................... 35 7.01 Supervision and Superintendence .............................................................................................. 35 7.02 Labor; Working Hours ................................................................................................................. 35 7.03 Services, Materials, and Equipment ........................................................................................... 36 7.04 Concerning Subcontractors, Suppliers, and Others .................................................................... 36 7.05 Patent Fees and Royalties ........................................................................................................... 37 7.06 Permits ........................................................................................................................................ 38 7.07 Taxes ........................................................................................................................................... 38 7.08 Laws and Regulations .................................................................................................................. 38 7.09 Safety and Protection ................................................................................................................. 39 7.10 Safety Representative ................................................................................................................. 40 7.11 Hazard Communication Programs .............................................................................................. 40 7.12 Emergencies ................................................................................................................................ 40 7.13 Contractor’s General Warranty and Guarantee ......................................................................... 40 7.14 INDEMNIFICATION ...................................................................................................................... 41 7.15 Delegation of Professional Design Services ................................................................................ 43 Article 8 – Other Work at the Site ............................................................................................................... 43 8.01 Other Work ................................................................................................................................. 43 8.02 Coordination ............................................................................................................................... 44 8.03 Legal Relationships ...................................................................................................................... 44 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 45 General Conditions 00 72 00 - 3 Corpus Christi Standards – Design/Build Projects Rev 10/2019 9.01 Communications to Contractor .................................................................................................. 45 9.02 Replacement of Owner’s Project Team Members ...................................................................... 45 9.03 Furnish Data ................................................................................................................................ 45 9.04 Pay When Due ............................................................................................................................. 45 9.05 Lands and Easements; Reports and Tests ................................................................................... 45 9.06 Insurance ..................................................................................................................................... 45 9.07 Modifications .............................................................................................................................. 45 9.08 Inspections, Tests, and Approvals ............................................................................................... 45 9.09 Limitations on OPT’s Responsibilities ......................................................................................... 45 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 46 9.11 Compliance with Safety Program ................................................................................................ 46 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 46 10.01 Owner’s Representative .......................................................................................................... 46 10.02 Visits to Site ............................................................................................................................. 46 10.03 Resident Project Representatives ........................................................................................... 46 10.04 Rejecting Defective Work........................................................................................................ 46 10.05 Shop Drawings, Modifications and Payments......................................................................... 47 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 47 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities ..................................... 47 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 47 11.01 Amending and Supplementing the Contract Documents ....................................................... 47 11.02 Owner-Authorized Changes in the Work ................................................................................ 48 11.03 Unauthorized Changes in the Work ........................................................................................ 48 11.04 Change of Contract Price ........................................................................................................ 49 11.05 Change of Contract Times ....................................................................................................... 50 11.06 Change Proposals .................................................................................................................... 50 11.07 Execution of Change Orders ................................................................................................... 51 11.08 Notice to Surety ...................................................................................................................... 51 Article 12 – Change Management .............................................................................................................. 52 12.01 Requests for Change Proposal ................................................................................................ 52 12.02 Change Proposals .................................................................................................................... 52 12.03 Designer Will Evaluate Request for Modification ................................................................... 53 12.04 Equal Non Specified Products ................................................................................................. 53 General Conditions 00 72 00 - 4 Corpus Christi Standards – Design/Build Projects Rev 10/2019 12.05 Substitutions ........................................................................................................................... 54 Article 13 – Claims ....................................................................................................................................... 55 13.01 Claims ...................................................................................................................................... 55 13.02 Claims Process ......................................................................................................................... 55 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 57 14.01 Payment of Prevailing Wage Rates ......................................................................................... 57 14.02 Records .................................................................................................................................... 57 14.03 Liability; Penalty; Criminal Offense ......................................................................................... 57 14.04 Prevailing Wage Rates ............................................................................................................. 58 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 58 15.01 Cost of the Work ..................................................................................................................... 58 15.02 Allowances .............................................................................................................................. 60 15.03 Unit Price Work ....................................................................................................................... 61 15.04 Contingencies .......................................................................................................................... 62 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 62 16.01 Access to Work ........................................................................................................................ 62 16.02 Tests, Inspections and Approvals ............................................................................................ 62 16.03 Defective Work ....................................................................................................................... 63 16.04 Acceptance of Defective Work................................................................................................ 63 16.05 Uncovering Work .................................................................................................................... 64 16.06 Owner May Stop the Work ..................................................................................................... 64 16.07 Owner May Correct Defective Work ....................................................................................... 65 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 65 17.01 Progress Payments .................................................................................................................. 65 17.02 Application for Payment ......................................................................................................... 67 17.03 Schedule of Values .................................................................................................................. 69 17.04 Schedule of Anticipated Payments and Earned Value ............................................................ 70 17.05 Basis for Payments .................................................................................................................. 70 17.06 Payment for Stored Materials and Equipment ....................................................................... 71 17.07 Retainage and Set-Offs .......................................................................................................... 72 17.08 Procedures for Submitting an Application for Payment ........................................................ 72 17.09 Responsibility of Owner’s Authorized Representative .......................................................... 73 General Conditions 00 72 00 - 5 Corpus Christi Standards – Design/Build Projects Rev 10/2019 17.10 Contractor’s Warranty of Title ............................................................................................... 74 17.11 Substantial Completion .......................................................................................................... 74 17.12 Partial Utilization .................................................................................................................... 75 17.13 Final Inspection ...................................................................................................................... 75 17.14 Final Application for Payment ................................................................................................ 75 17.15 Final Payment ......................................................................................................................... 76 17.16 Waiver of Claims .................................................................................................................... 76 17.17 Correction Period ................................................................................................................... 76 Article 18 – Suspension of Work and Termination ..................................................................................... 77 18.01 Owner May Suspend Work ..................................................................................................... 77 18.02 Owner May Terminate for Cause ............................................................................................ 77 18.03 Owner May Terminate For Convenience ................................................................................ 78 Article 19 – Project Management ............................................................................................................... 79 19.01 Work Included ......................................................................................................................... 79 19.02 Quality Assurance ................................................................................................................... 79 19.03 Document Submittal ............................................................................................................... 79 19.04 Required Permits .................................................................................................................... 79 19.05 Safety Requirements ............................................................................................................... 80 19.06 Access to the Site .................................................................................................................... 80 19.07 Contractor’s Use of Site .......................................................................................................... 80 19.08 Protection of Existing Structures and Utilities ........................................................................ 81 19.09 Pre-Construction Exploratory Excavations.............................................................................. 81 19.10 Disruption of Services/Continued Operations ........................................................................ 82 19.11 Field Measurements ............................................................................................................... 82 19.12 Reference Data and Control Points ......................................................................................... 82 19.13 Delivery and Storage ............................................................................................................... 83 19.14 Cleaning During Construction ................................................................................................. 84 19.15 Maintenance of Roads, Driveways, and Access ...................................................................... 85 19.16 Area Access and Traffic Control .............................................................................................. 85 19.17 Overhead Electrical Wires ....................................................................................................... 85 19.18 Blasting .................................................................................................................................... 85 19.19 Archeological Requirements ................................................................................................... 86 19.20 Endangered Species Resources ............................................................................................... 86 General Conditions 00 72 00 - 6 Corpus Christi Standards – Design/Build Projects Rev 10/2019 19.21 Cooperation with Public Agencies .......................................................................................... 86 Article 20 – Project Coordination ................................................................................................................ 87 20.01 Work Included ......................................................................................................................... 87 20.02 Document Submittal ............................................................................................................... 87 20.03 Communication During Project ............................................................................................... 87 20.04 Project Meetings ..................................................................................................................... 87 20.05 Requests for Information ........................................................................................................ 89 20.06 Decision and Action Item Log.................................................................................................. 89 20.07 Notification By Contractor ...................................................................................................... 90 20.08 Record Documents .................................................................................................................. 90 Article 21 – Quality Management ............................................................................................................... 92 21.01 Contractor’s Responsibilities .................................................................................................. 92 21.02 Quality Management Activities by OPT .................................................................................. 94 21.03 Contractor’s Use of OPT’s Test Reports .................................................................................. 94 21.04 Documentation ....................................................................................................................... 95 21.05 Standards ................................................................................................................................ 95 21.06 Delivery and Storage ............................................................................................................... 95 21.07 Verification Testing for Corrected Defects.............................................................................. 95 21.08 Test Reports ............................................................................................................................ 96 21.09 Defective Work ....................................................................................................................... 96 21.10 Limitation of Authority of Testing Laboratory ........................................................................ 97 21.11 Quality Control Plan ................................................................................................................ 97 21.12 Implement Contractor’s Quality Control Plan ........................................................................ 98 Article 22 – Final Resolution of Disputes .................................................................................................... 99 22.01 Methods and Procedures ........................................................................................................ 99 Article 23 – Minority/MBE/DBE Participation Policy ................................................................................ 100 23.01 Policy ..................................................................................................................................... 100 23.02 Definitions ............................................................................................................................. 100 23.03 Goals...................................................................................................................................... 101 23.04 Compliance............................................................................................................................ 101 Article 24 – Document Management ........................................................................................................ 102 24.01 Work Included ....................................................................................................................... 102 24.02 Quality Assurance ................................................................................................................. 102 General Conditions 00 72 00 - 7 Corpus Christi Standards – Design/Build Projects Rev 10/2019 24.03 Contractor’s Responsibilities ................................................................................................ 102 24.04 Document Submittal ............................................................................................................. 102 24.05 Document Numbering .......................................................................................................... 103 24.06 Document Requirements ...................................................................................................... 104 Article 25 – Shop Drawings ....................................................................................................................... 104 25.01 Work Included ....................................................................................................................... 104 25.02 Quality Assurance ................................................................................................................. 105 25.03 Contractor’s Responsibilities ................................................................................................ 105 25.04 Shop Drawing Requirements ................................................................................................ 106 25.05 Special Certifications and Reports ........................................................................................ 107 25.06 Warranties and Guarantees .................................................................................................. 108 25.07 Shop Drawing Submittal Procedures .................................................................................... 108 25.08 Sample and Mockup Submittal Procedures .......................................................................... 110 25.09 Requests for Deviation .......................................................................................................... 110 25.10 Designer Responsibilities ...................................................................................................... 111 25.11 Resubmission Requirements ................................................................................................. 113 Article 26 – Record Data ........................................................................................................................... 114 26.01 Work Included ....................................................................................................................... 114 26.02 Quality Assurance ................................................................................................................. 114 26.03 Contractor’s Responsibilities ................................................................................................ 114 26.04 Record Data Requirements ................................................................................................... 115 26.05 Special Certifications and Reports ........................................................................................ 115 26.06 Warranties and Guarantees .................................................................................................. 116 26.07 Record Data Submittal Procedures ....................................................................................... 116 26.08 Designer’s Responsibilities .................................................................................................... 117 Article 27 – Construction Progress Schedule ............................................................................................ 118 27.01 Requirements ........................................................................................................................ 118 27.02 Document Submittal ............................................................................................................. 118 27.03 Schedule Requirements ........................................................................................................ 119 27.04 Schedule Revisions ................................................................................................................ 120 27.05 Float Time.............................................................................................................................. 121 Article 28 – Video and Photographic documentation .............................................................................. 121 28.01 Work Included ....................................................................................................................... 121 General Conditions 00 72 00 - 8 Corpus Christi Standards – Design/Build Projects Rev 10/2019 28.02 Quality Assurance ................................................................................................................. 121 28.03 Document Submittal ............................................................................................................. 122 28.04 Photographs .......................................................................................................................... 122 28.05 Video Recording .................................................................................................................... 122 Article 29 – Execution and Closeout ......................................................................................................... 123 29.01 Substantial Completion ......................................................................................................... 123 29.02 Final Inspections.................................................................................................................... 123 29.03 Reinspection Fees ................................................................................................................. 124 29.04 Closeout Documents Submittal ............................................................................................ 124 29.05 Transfer of Utilities ............................................................................................................... 124 29.06 Warranties, Bonds and Service Agreements......................................................................... 124 Article 30 – Miscellaneous ........................................................................................................................ 125 30.01 Computation of Times........................................................................................................... 125 30.02 Owner’s Right to Audit Contractor’s Records ....................................................................... 125 30.03 Independent Contractor ....................................................................................................... 126 30.04 Cumulative Remedies ........................................................................................................... 126 30.05 Limitation of Damages .......................................................................................................... 126 30.06 No Waiver ............................................................................................................................. 126 30.07 Severability ............................................................................................................................ 127 30.08 Survival of Obligations .......................................................................................................... 127 30.09 No Third Party Beneficiaries ................................................................................................. 127 30.10 Assignment of Contract......................................................................................................... 127 30.11 No Waiver of Sovereign Immunity ........................................................................................ 127 30.12 Controlling Law ..................................................................................................................... 127 30.13 Conditions Precedent to Right to Sue ................................................................................... 127 30.14 Waiver of Trial by Jury........................................................................................................... 127 30.15 Attorney Fees ........................................................................................................................ 127 30.16 Compliance with Laws........................................................................................................... 128 30.17 Enforcement.......................................................................................................................... 128 30.18 Subject to Appropriation ....................................................................................................... 128 30.19 Contract Sum......................................................................................................................... 128 30.20 Contractor’s Guarantee as Additional Remedy .................................................................... 128 30.21 Notices. ................................................................................................................................. 128 General Conditions 00 72 00 - 9 Corpus Christi Standards – Design/Build Projects Rev 10/2019 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 7. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 8. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 9. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 10. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. General Conditions 00 72 00 - 10 Corpus Christi Standards – Design/Build Projects Rev 10/2019 11. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 12. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 13. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 14. Contract Documents - Those items designated as Contract Documents in the Agreement. 15. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 16. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 17. Contractor - The individual or entity with which Owner has contracted for performance of the Work. The term Contractor includes the Design/Builder. 18. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 19. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. General Conditions 00 72 00 - 11 Corpus Christi Standards – Design/Build Projects Rev 10/2019 20. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 21. Design/Builder – A team that includes a licensed engineer and a construction contractor to provide design and construction services. 22. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. The term Designer includes the Design/Builder. 23. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 24. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 25. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 26. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 27. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner. These costs include fees for engineers, architects, attorneys, and other professionals. 28. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 29. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 30. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. General Conditions 00 72 00 - 12 Corpus Christi Standards – Design/Build Projects Rev 10/2019 31. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 32. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 33. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 34. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 35. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 36. Owner’s Project Team or OPT - The Owner and the Owner’s Authorized Representative. 37. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 38. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 39. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 40. Project Manual – That portion of the Contract Documents that may include the following: introductory information, solicitation requirements and responses, proposal, Contract forms and General and Supplementary Conditions, General Requirements, Specification, Drawings, Project Safety Manual and Addenda. 41. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 42. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 43. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. General Conditions 00 72 00 - 13 Corpus Christi Standards – Design/Build Projects Rev 10/2019 44. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 45. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 46. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 47. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 48. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 49. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 50. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 51. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 52. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 53. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 54. Unit Price Work - Work to be paid for on the basis of unit prices. 55. Work - The construction of the Project or its component parts as required by the Contract Documents. 56. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work General Conditions 00 72 00 - 14 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. General Conditions 00 72 00 - 15 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide Bonds as required by the Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement (either electronic or printed) and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Design-Builder’s Representative shall be an employee of the Design-Builder (unless this requirement is waived in writing by the Owner) shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder’s Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder shall replace the Design-Builder’s Representative upon Owner’s request in the event the Design-Builder’s Representative is unable to perform to Owner’s satisfaction. B. Design-Builder shall provide Owner with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, and (iv) other General Conditions 00 72 00 - 16 Corpus Christi Standards – Design/Build Projects Rev 10/2019 items require resolution so as not to jeopardize Design-Builder’s ability to complete the Work for the Contract Price and within the Contract Time(s). C. Design-Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.03.D hereof, an initial schedule for the execution of the Work for Owner’s review and approval. The initial schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design-Builder to achieve the Contract Time(s). The schedule shall be revised by the preliminary schedule and as required by conditions and progress of the Work, but such revisions shall not relieve Design-Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner’s review of and response to the initial schedule shall not be construed as relieving Design- Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. Design-Builder’s schedules shall identify the critical path for completing the Work. D. The parties will meet within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. Design- Builder shall submit the following to Owner’s Representative for Owner’s review and approval no later than the meeting contemplated in this paragraph: 1. Letter designating Design-Builder’s Representative; and 2. Completed Statement of Non-Inclusion of Asbestos Containing Material (Design Consultant - Prior to Design).” 3. Preliminary Schedule of Values for all of the Work. The Final Schedule of Values for the Construction Phase services portion of the Work will be approved at the time of Owner’s acceptance of the GMP. The approved Initial Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design-Builder throughout the services of the Work. This Initial Schedule of Values will include but separately itemize the services for the Preliminary Phase Services, and the Professional Services Fee, from the cost of Construction. 4. Proposed Production Schedule for Preliminary Phase Services and Professional Services Fee in the form and substance required by the Agreement which will be used for determining the amount to be paid for those services over the duration of the Contract. E. Design-Builder shall not substitute any Subcontractor, Sub-Subcontractor, person or organization that has been accepted by Owner, unless the substitute has been accepted in writing by Owner. General Conditions 00 72 00 - 17 Corpus Christi Standards – Design/Build Projects Rev 10/2019 F. Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. G. The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Notwithstanding the preceding sentence, if the parties agree upon specific performance standards for any aspect of the Work, which standards are to be set forth in an exhibit to the Agreement entitled “Performance Standard Requirements,” the design professional services shall be performed to achieve such standards. H. Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design-Builder’s schedule. I. Design-Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit two sets of approved Construction Documents to Owner prior to commencement of construction. J. Owner’s review and approval of interim design submissions and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner’s review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner. K. To the extent not prohibited by the Contract Documents or Legal Requirements, Design- Builder may prepare interim design submissions and Construction Documents for a General Conditions 00 72 00 - 18 Corpus Christi Standards – Design/Build Projects Rev 10/2019 portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. L. Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. M. The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design- Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design-Builder is required to make to the Construction Documents because of changes in Legal Requirements. N. Except as otherwise provided in the Contract Documents, Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project. O. Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner’s responsibility. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions and Supplementary Conditions apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; General Conditions 00 72 00 - 19 Corpus Christi Standards – Design/Build Projects Rev 10/2019 b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions 00 72 00 - 20 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor’s Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. The exactness of existing grades, elevations, dimensions or locations given on any Drawings issued by Designer, or the work installed by other contractors, is not guaranteed by Owner. Contractor shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. Any errors due to Contractor’s failure to verify at the site all such grades, elevations, dimensions or locations relating to such existing or other work shall be rectified by Contractor without any additional cost to City. General Conditions 00 72 00 - 21 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 4. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 5. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 6. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor’s Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. General Conditions 00 72 00 - 22 Corpus Christi Standards – Design/Build Projects Rev 10/2019 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor’s Progress A. No Damages for Delay: Contractor shall receive no compensation for delays or hindrances to the Work, except in the case of direct interference with means and methods by the Owner. In no event shall the Contractor be entitled to any compensation or recovery of any special damages in connection with any delays, including without limitation: consequential damages, lost opportunity costs, impact damages, or other similar damages. Owner’s exercise of any of its rights or remedies under the Contract Documents (including without limitation ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of Owner’s exercise of such rights or remedies, shall not be construed as active interference in the Contractor’s performance of the Work. An extension of Contract Time, to the extent permitted, shall be the sole remedy of the Contractor for any acknowledged delays. Contractor agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor’s Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes General Conditions 00 72 00 - 23 Corpus Christi Standards – Design/Build Projects Rev 10/2019 not the fault of and beyond the control of OPT or Contractor. These adjustments in Contract Times are the Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; 3. Acts of war or terrorism; and 4. Rain days in excess of 30 days in a calendar year. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and 3. Hazardous Environmental Conditions. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. Claims for adjustment to the Contract Price or Contract Times that do not comply with Article 13 are waived. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor’s Team. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. General Conditions 00 72 00 - 24 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor’s Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor’s Team’s operations; c. Damage to other adjacent land or areas; and d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor’s Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the General Conditions 00 72 00 - 25 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Site, are known to Owner. Design-Builder shall be responsible for all surface and subsurface investigations. 5.04 Differing Subsurface or Physical Conditions A. Design-Builder shall be responsible for all surface and subsurface investigations. Owner shall have no liability for differing conditions. 5.05 Underground Facilities A. Design-Builder shall be responsible for identifying all underground facilities at or adjacent to the Site. Owner shall have no liability for differing conditions. 5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. Design-Builder shall be responsible for all explorations or tests. Owner shall have no liability for differing conditions. ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Guaranteed Maximum Price, as security for the faithful performance and payment of Contractor’s obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. General Conditions 00 72 00 - 26 Corpus Christi Standards – Design/Build Projects Rev 10/2019 G. Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 18 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. 6.03 Required Minimum Insurance Coverage A. Obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. Deliver evidence of insurance in accordance with the Supplementary Conditions to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. 6.04 General Insurance Provisions A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with this Article 6 and the Supplementary Conditions. B. Provide endorsements to the policies as outlined in this Article. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT’s failure to demand such certificates or other evidence of the Contractor’s full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor’s obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the General Conditions 00 72 00 - 27 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 18 if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor’s interests. J. The required insurance and insurance limits do not limit the Contractor’s liability under the indemnities granted to Owner in the Contract Documents. K. Provide for an endorsement that the “other insurance” clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor’s insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers’ compensation policy and Contractor’s professional liability policy. 6.05 Contractor’s Insurance A. Purchase and maintain workers’ compensation and employer’s liability insurance for: 1. Claims under workers’ compensation, disability benefits, and other similar employee benefit acts. Obtain workers’ compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers’ compensation obligations. Provide an “All Other States” endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; and General Conditions 00 72 00 - 28 Corpus Christi Standards – Design/Build Projects Rev 10/2019 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor’s commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Article and the Supplementary Conditions. Insurance is to remain in effect for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required by the Supplementary Conditions, provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor. Provide Installation Floater insurance that is a broad form or “All Peril” policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor’s Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor’s contractual indemnity obligations in Paragraph 7.14, and all other contractual indemnity obligations of Contractor in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. General Conditions 00 72 00 - 29 Corpus Christi Standards – Design/Build Projects Rev 10/2019 6. Personal injury coverage. 7. Endorsement CG 2032, “Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. E. For Projects with a Contract Value that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first-dollar liability coverage as needed. F. Provide Contractor’s commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for Owner as defined in Article 1; and 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third-party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor’s operations and completed operations. Provide Contractor’s pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Article must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Article or the Supplementary Conditions or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether performed by Contractor, General Conditions 00 72 00 - 30 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 6.06 Property Insurance A. Purchase and maintain builder’s risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Article and the Supplementary Conditions or those required by Laws and Regulations and must comply with the requirements of Paragraph 6.09. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder’s risk “all risk” policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner-furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer’s subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. General Conditions 00 72 00 - 31 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days’ prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder’s risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 17.13. Maintain the builder’s risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder’s risk or property insurance policies provided under this Article and the Supplementary Conditions. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 6.07 Waiver of Rights A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in the Supplementary Conditions. B. All policies purchased in accordance with this Article are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner’s Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contain provisions that the Subcontractor waive all rights against Owner, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder’s risk insurance and other property insurance. 6.08 Owner’s Insurance for Project A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. General Conditions 00 72 00 - 32 Corpus Christi Standards – Design/Build Projects Rev 10/2019 6.09 Acceptable Evidence of Insurance A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of “Additional Insureds” for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days’ notice before cancellation or any material change in the policy’s terms and conditions, limits of coverage, or change in deductible amount. 6.10 Certificate of Insurance A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 6.11 Insurance Policies A. If requested by the Owner, provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles. B. Contractor may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 6.12 Continuing Evidence of Coverage A. Provide updated, revised, or new evidence of insurance in accordance this Article and the Supplementary Conditions prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 6.13 Notices Regarding Insurance A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi – Engineering General Conditions 00 72 00 - 33 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. 6.14 Texas Workers’ Compensation Insurance Required Notice A. Definitions: 1. Certificate of coverage (“certificate”) - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor’s/person’s Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project (“Subcontractor” in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and General Conditions 00 72 00 - 34 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by this section, with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers’ compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of General Conditions 00 72 00 - 35 Corpus Christi Standards – Design/Build Projects Rev 10/2019 classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner’s consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sunrise and sundown Monday through Saturday unless other times are specifically authorized in writing by OAR. C. Do not perform Work on a Sunday or legal holiday without OAR’s consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year’s Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving General Conditions 00 72 00 - 36 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Holiday Date Observed Christmas Day December 25 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 17.01.B 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Documents. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. Under no circumstances shall any Subcontractor debarred under Chapter 41 of The Code of Ordinances, City of Corpus Christi, be deemed acceptable to Owner. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor’s reasonable objections. General Conditions 00 72 00 - 37 Corpus Christi Standards – Design/Build Projects Rev 10/2019 F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 days of Owner’s notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner’s initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers’ Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor’s Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor’s Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, General Conditions 00 72 00 - 38 Corpus Christi Standards – Design/Build Projects Rev 10/2019 designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. B. Contractor’s obligation to indemnify Owner for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor’s Proposal is submitted or when Contractor negotiates the Contract Price. This Project is not exempt from City permits and fees unless expressly stated otherwise. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner’s exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor’s compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. General Conditions 00 72 00 - 39 Corpus Christi Standards – Design/Build Projects Rev 10/2019 C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor’s Bid is submitted or when Contractor negotiates the Contract Price. D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes. 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor’s Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor’s Team. E. Contractor’s duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor’s Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. General Conditions 00 72 00 - 40 Corpus Christi Standards – Design/Build Projects Rev 10/2019 F. Comply with the applicable requirements of the Owner’s safety program if required to do so in the Supplementary Conditions. A copy of the Owner’s safety program will be provided in the Bidding Documents. 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor’s warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor’s warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor’s obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR to pay or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or General Conditions 00 72 00 - 41 Corpus Christi Standards – Design/Build Projects Rev 10/2019 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and correction obligations contained in an assigned contract govern with respect to Contractor’s performance obligations to Owner for the Work described in an assigned contract. 7.14 INDEMNIFICATION A. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK AND/OR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE CONTRACT, VIOLATIONS OF LAWS OR REGULATIONS, OR BODILY INJURY, DEATH OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS, OMISSIONS OR NEGLIGENCE OF THE CONTRACTOR’S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER HEREUNDER, SUBJECT TO THE OWNER’S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE SOLE NEGLIGENCE OF AN OWNER. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR’S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER. B. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER FROM AND AGAINST INDEMNIFIED COSTS, ARISING OUT OF OR RELATING TO: (I) THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR’S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR’S TEAM, (II) CONTRACTOR’S TEAM’S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS OR INTERFERENCE WITH THE WORK OF OWNER’S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE, OR (III) THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER FROM THE CONSEQUENCES OF THE OWNER’S SOLE NEGLIGENCE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR’S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER. General Conditions 00 72 00 - 42 Corpus Christi Standards – Design/Build Projects Rev 10/2019 C. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR’S TEAM. D. The indemnification obligations of this Paragraph 7.14 are not limited by the amount or type of damages, compensation or benefits payable by or for members of the Contractor’s Team or other individuals or entities under workers’ compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner by an employee or the survivor or personal representative of employee of Contractor’s Team. The indemnification obligations of this Paragraph 7.14 shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by Contractor. E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner does not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor’s counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner as to its defense of the claim within 10 days after being notified of the indemnification request. Owner may assume and control the defense if Contractor does not assume the defense. Pay all defense expenses of the Owner as an indemnified loss. 2. Owner may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner’s consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner to comply with restrictions or limitations that adversely affect Owner; b. Would require Owner to pay amounts that Contractor does not fund in full; or c. Would not result in Owner’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. General Conditions 00 72 00 - 43 Corpus Christi Standards – Design/Build Projects Rev 10/2019 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor’s design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer’s review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer’s review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor’s Work. This other work may be performed by Owner’s employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. General Conditions 00 72 00 - 44 Corpus Christi Standards – Design/Build Projects Rev 10/2019 D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor’s Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor’s Work. Contractor’s failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with Contractor’s Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor’s Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor’s ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor’s Team damages, delays, disrupts, or interferes with the work of Owner’s employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. General Conditions 00 72 00 - 45 Corpus Christi Standards – Design/Build Projects Rev 10/2019 D. Owner may impose a set-off against payments due to Contractor and assign the Owner’s contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. E. Contractor’s obligation to indemnify Owner for claims arising out of or related to damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Article 17. 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner’s responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner’s responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or General Conditions 00 72 00 - 46 Corpus Christi Standards – Design/Build Projects Rev 10/2019 related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. General Conditions 00 72 00 - 47 Corpus Christi Standards – Design/Build Projects Rev 10/2019 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. General Conditions 00 72 00 - 48 Corpus Christi Standards – Design/Build Projects Rev 10/2019 b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer’s approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. If negotiations under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05 are unsuccessful, Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive.. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification. 11.02 Owner-Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, General Conditions 00 72 00 - 49 Corpus Christi Standards – Design/Build Projects Rev 10/2019 except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 16.05. B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price for authorized Work can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 13. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 15.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 15.01 plus a Contractor’s fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents and the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute, whichever is greater. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor’s fee. D. Contractor’s Fee: Determine the Contractor’s fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor’s fee is 15 percent for costs incurred under Paragraphs 15.01.C.1 and 15.01.C.2; b. The Contractor’s fee is 5 percent for costs incurred under Paragraph 15.01.C.3; c. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor’s fee is 15 percent for costs incurred under Paragraphs 15.01.C.1 and 15.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; General Conditions 00 72 00 - 50 Corpus Christi Standards – Design/Build Projects Rev 10/2019 d. No fee is payable on the basis of costs itemized under Paragraphs 15.01.C.4, and 15.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and 3. The adjustment in Contractor’s fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. 11.05 Change of Contract Times A. The Contract Times for authorized Work can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 13. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor’s supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 13. General Conditions 00 72 00 - 51 Corpus Christi Standards – Design/Build Projects Rev 10/2019 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from Owner set-offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, b. Required because Defective Work was accepted under Paragraph 16.04 or Owner’s correction of Defective Work under Paragraph 16.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 13. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor’s agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor’s submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. If the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, the Change Order is deemed to be in full force as if executed by Contractor. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. General Conditions 00 72 00 - 52 Corpus Christi Standards – Design/Build Projects Rev 10/2019 ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. General Conditions 00 72 00 - 53 Corpus Christi Standards – Design/Build Projects Rev 10/2019 e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 12.04 Equal Non Specified Products A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list “or equal” or “or approved equal” products. Use of any products other than those specifically listed is a substitution. Follow the procedures in Paragraph 12.05 for a substitution. B. Contractor may submit other manufacturers’ products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase “or equal” or “or approved equal.” 1. Submit a Shop Drawing as required by Article 25 to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT’s responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. General Conditions 00 72 00 - 54 Corpus Christi Standards – Design/Build Projects Rev 10/2019 b. Make a direct comparison with the specified manufacturer’s published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A Change Proposal is not required for any product that is in full compliance with the Contract Documents. If the product is not in full compliance, it may be offered as a Substitution. 12.05 Substitutions A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Paragraph 12.02 along with a Shop Drawing as required by Article 25 to request approval of a substitution. B. Prove that the product is acceptable as a substitute. It is not the Designer’s responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. 2. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the Designer regarding the acceptability of the proposed substitute product is final. C. Provide a written certification that, in making the substitution request, the Contractor: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for General Conditions 00 72 00 - 55 Corpus Christi Standards – Design/Build Projects Rev 10/2019 additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. D. Pay for review of substitutions in accordance with Article 25. ARTICLE 13 – CLAIMS 13.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. Seeking an adjustment of Contract Price or Contract Times; 2. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; 3. Appealing OPT’s decision regarding a Change Proposal; 4. Seeking resolution of a contractual issue that OAR has declined to address; or 5. Seeking other relief with respect to the terms of the Contract. 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Notice of a Claim by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 14 days after the start of the event giving rise to the Claim. Failure by Contractor to submit written notice of a Claim within the required time limit shall constitute a waiver of such Claim. C. Submit the complete Claim with supporting documentation to Owner no later than 60 days after the start of the event giving rise to the Claim (unless Designer allows additional time for claimant to submit additional or more accurate data in support of such Claim). The Claim must be signed and sworn to by Contractor, certifying that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. Failure by Contractor to submit the Claim within the required time limit shall constitute a waiver of such Claim. D. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. E. Claims by Owner must be submitted by written notice to Contractor. F. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. General Conditions 00 72 00 - 56 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Claims seeking an adjustment of Contract Time must include a Time Impact Analysis and native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the Claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. 1. The agreement to mediate suspends the Claim submittal and response process. 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator’s fees and costs. Venue for any mediation or lawsuit filed under this Agreement shall be in Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement in any court having jurisdiction thereof. 4. Nothing in this Agreement shall be construed as consent to a lawsuit. No provision of the Agreement shall waive any immunity or defense. L. Contractor may appeal a Claim that is denied in whole or in part by filing such appeal with Owner within 30 days following the denial. Owner will have 60 days to review the appeal and respond to Contractor. If Owner does not respond within 60 days after receipt of the appeal, the appeal shall be deemed denied. M. Notify the OAR if efforts to resolve the Claim are not successful, and the Claim is denied. N. If the entity receiving a Claim approves the Claim in whole or in part or denies it in whole or in part or if Owner denies an appealed Claim, this action is final and binding unless the other entity invokes the procedure described in Article 22 for final resolution of disputes within 30 days after this action. General Conditions 00 72 00 - 57 Corpus Christi Standards – Design/Build Projects Rev 10/2019 O. If the Owner and Contractor reach a mutual agreement regarding a Claim, the results of the agreement or action on the Claim will be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times. P. Both parties shall continue to perform all obligations under the Agreement during the pendency of any dispute or disagreement relating to this Agreement, unless performance would be impracticable or impossible under the circumstances. Q. Any failure of Contractor to comply with any of the foregoing requirements and conditions precedent with regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue such Claim. R. Receipt and review of a Claim by City shall not be construed as a waiver of any defenses to the Claim available to the City under the Contract Documents or at law. ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS 14.01 Payment of Prevailing Wage Rates A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. Contractor and its Subcontractors are required to pay Davis-Bacon Wage Rates. C. Contractor and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one-half times the basic rate for all hours worked in excess of forty hours in a given workweek. 14.02 Records A. In accordance with Tex. Gov’t Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 14.03 Liability; Penalty; Criminal Offense A. Tex. Gov’t Code §2258.003 – Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov’t Code §2258.023(b) – Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed on each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov’t Code §2258.058 – Criminal Offense: General Conditions 00 72 00 - 58 Corpus Christi Standards – Design/Build Projects Rev 10/2019 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov’t Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 14.04 Prevailing Wage Rates A. Use the Prevailing Wage Rates specified in the Supplementary Conditions. ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 15.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 15.01, except those excluded in Paragraph 15.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 15.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor’s employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 15.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, 2) Unemployment, 3) Excise and payroll taxes, 4) Workers’ compensation, General Conditions 00 72 00 - 59 Corpus Christi Standards – Design/Build Projects Rev 10/2019 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers’ field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor’s Cost of the Work and fee are determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 15.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor’s Team; General Conditions 00 72 00 - 60 Corpus Christi Standards – Design/Build Projects Rev 10/2019 g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office, for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 15.01.C.1 or specifically covered by Paragraph 15.01.C.4. These administrative costs are covered by the Contractor’s fee. 2. Office expenses other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor’s Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor’s fee. 6. Any Indemnified Cost paid with regard to Contractor’s indemnification of Owner. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 15.01.C. E. The Contractor’s fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.C for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 15.01. 15.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. General Conditions 00 72 00 - 61 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 15.02.B.1 and 15.02.B.2 above are included in the Contract Price. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 15.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR’s decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR’s decision under Paragraph 15.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. General Conditions 00 72 00 - 62 Corpus Christi Standards – Design/Build Projects Rev 10/2019 15.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 15.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. 3. Inefficiencies in completing the Work due to the Contractor’s selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor’s safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or General Conditions 00 72 00 - 63 Corpus Christi Standards – Design/Build Projects Rev 10/2019 approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT’s acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work; 6. For re-inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 16.03 Defective Work A. It is Contractor’s obligation to ensure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner’s special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. 16.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and General Conditions 00 72 00 - 64 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 17 for costs associated with OPT’s evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 17 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 16.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT’s observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor’s intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 16.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner’s right to stop the Work does not create a duty to exercise this right for the benefit of Contractor’s Team or surety. General Conditions 00 72 00 - 65 Corpus Christi Standards – Design/Build Projects Rev 10/2019 16.07 Owner May Correct Defective Work A. Owner may remedy deficiencies in the Work after 7 days’ notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; 2. Take possession of the Work and suspend Contractor’s services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 16.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 16.07 are to be charged against Contractor as a set-off against payments due under Article 17. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner’s rights and remedies under this Paragraph 16.07. ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 17.01 Progress Payments A. Progress payment requests are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in this Article 17. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 17.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 15.03. 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 15.01, 15.02 and 15.04 are to be paid for Work completed by Contractor during the pay period. General Conditions 00 72 00 - 66 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor’s conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor’s failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; c. Work is Defective, or completed Work has been damaged by Contractor’s Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 16.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; g. Liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; j. Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; l. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re-inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; General Conditions 00 72 00 - 67 Corpus Christi Standards – Design/Build Projects Rev 10/2019 p. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q. Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over-payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 17.02 Application for Payment A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the Supplementary Conditions, the Agreement, and this Article 17. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer’s facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; General Conditions 00 72 00 - 68 Corpus Christi Standards – Design/Build Projects Rev 10/2019 9. Bonds and insurance; 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for Contractor’s use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. Contractor labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. Contractor’s safety programs, including management, administration, and training; General Conditions 00 72 00 - 69 Corpus Christi Standards – Design/Build Projects Rev 10/2019 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Submit approval using the Consent of Surety Company to Payment Procedures form provided. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Progress Schedule per Article 27. 2. Project photographs per Article 28. 3. Record Documents per Article 20. 4. Documentation required to comply with Owner’s Minority / MBE / DBE Participation Policy. 5. Certified payroll documentation required by the Contract Documents. 6. Documentation required to substantiate any approved Project deviation, including overruns of Designer’s estimated quantity. 7. Documentation required by funding agency, if applicable. 17.03 Schedule of Values A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form provided in Attachment A to the Application for Payment - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. If unit prices are included in the Agreement, use each unit price line item in the Agreement as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. General Conditions 00 72 00 - 70 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Line items may not exceed $50,000.00, unless they are for products, materials, or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. Contractor will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include Contractor’s overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other cost associated with the item in the Agreement. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. 17.04 Schedule of Anticipated Payments and Earned Value A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Submit a tabulation of the anticipated Total Earned Value of Fees, Work, and Materials to create a graphic (curve) representation of the anticipated progress on the Project each month. Adjust this table and curve to incorporate Modifications. Use this curve to compare actual progress on the Project each month by comparing the anticipated cumulative Total Earned Value of Fees, Work, and Materials to the actual Total Earned Value of Fees, Work, and Materials each month. Use the comparison of values to determine performance on budget and schedule. C. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the Contractor for Work performed. 17.05 Basis for Payments A. Lump Sum Contracts: General Conditions 00 72 00 - 71 Corpus Christi Standards – Design/Build Projects Rev 10/2019 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 17.03.E.3 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Agreement. b. Payment for stored materials and equipment will be made per Paragraph 17.06. 2. Measure the Work described in the Agreement for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 17.06 Payment for Stored Materials and Equipment A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment show in the Application for Payment on Attachment A or Attachment B - Tabulation of Work on Approved Contract Modifications will be made for the invoice amount, up to the value shown in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on Attachment D to the Application for Payment - Tabulation of Values for Materials and Equipment. Include invoice numbers on Attachment D so that a comparison can be made between invoices and amounts included on Attachment D. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the General Conditions 00 72 00 - 72 Corpus Christi Standards – Design/Build Projects Rev 10/2019 amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the City for verification of the material value, and that Contractor provides documents, satisfactory to the City, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The Contractor’s obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. 17.07 Retainage and Set-Offs A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released per the General Conditions. B. Reduce payments for set-offs per the General Conditions. Include Attachment C – Tabulation of Set-Offs in the Application for Payment. 17.08 Procedures for Submitting an Application for Payment A. Submit a draft Application for Payment to the OAR each month at least 20 days before the date established in the Agreement for Owner to make progress payments. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the original Contract. 2. The quantity of Work completed for each unit price item. 3. Set-offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. General Conditions 00 72 00 - 73 Corpus Christi Standards – Design/Build Projects Rev 10/2019 4. Include Attachment B to show the earned value on line items for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set-offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Complete the certification stating that all Work, including materials and equipment, covered by this Application for Payment have been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in this Application for Payment is now due. C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 17.09 Responsibility of Owner’s Authorized Representative A. OAR will review draft Application for Payment with Contractor to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by Contractor to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the Contractor of the OPT’s reasons for not recommending payment. Contractor may make necessary corrections and resubmit the Application for Payment if it is not recommended within 10 days after receipt of the notice. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR’s recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; General Conditions 00 72 00 - 74 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle Contractor to additional compensation or entitle Owner to withhold payment to Contractor may or may not exist. G. Neither OPT’s review of Contractor’s Work for the purposes of recommending payments nor OAR’s recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; 3. For Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work; 4. To make examinations to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 17.10 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 17.11 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work within 30 days after Contractor’s notification to determine if the Work is substantially complete. OAR, within 120 days after receipt of Contractor’s notification, is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. C. The OPT and Contractor are to meet to discuss Owner’s use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor’s coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; General Conditions 00 72 00 - 75 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Owner’s assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner’s use or occupancy of the Work; 3. Contractor’s obligations for operations and maintenance during performance and acceptance testing; 4. Contractor’s access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 17.12 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 17.12 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 17.13 Final Inspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 17.13 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 17.14 Final Application for Payment A. Include adjustments to the Contract Price in the final Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set-offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. General Conditions 00 72 00 - 76 Corpus Christi Standards – Design/Build Projects Rev 10/2019 17.15 Final Payment A. Make final Application for Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT’s reasons for not recommending final payment. C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR’s recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 17.16 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 17.14; 3. Contractor’s failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor’s continuing obligations under the Contract Documents. B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 22 and specifically noted in the Certificate of Final Completion. 17.17 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer period of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 17.18.A and 17.18.B corrected if Contractor does not comply with the terms of OAR’s instructions, or in an emergency where delay would cause serious risk of loss or damage. General Conditions 00 72 00 - 77 Corpus Christi Standards – Design/Build Projects Rev 10/2019 D. Contractor’s obligation to indemnify Owner for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or system is placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 17.18.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 17.18. G. Contractor’s obligations under this Paragraph 17.18 are in addition to other obligations or warranties. The provisions of this Paragraph 17.18 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION 18.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 18.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor’s creditors, or e. A receiver is appointed on account of Contractor’s insolvency; General Conditions 00 72 00 - 78 Corpus Christi Standards – Design/Build Projects Rev 10/2019 5. Contractor’s disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor’s repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 18.02.A.4. Owner may terminate Contractor’s performance under this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR’s request for this information. C. Owner may declare Contractor to be in default, give notice to Contractor and surety that Contractor’s performance under the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days’ notice that one or more of the events identified in Paragraph 18.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated Contractor’s performance under the Contract for cause. E. Owner may elect not to proceed with termination of Contractor’s performance under the Contract under this Paragraph 18.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 18.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination of Contractor’s performance does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. H. In the event the Owner terminates the contract for cause, and it is later determined that cause for termination was lacking, the termination will be deemed a termination without cause under Paragraph 18.03. 18.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days’ notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and General Conditions 00 72 00 - 79 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. ARTICLE 19 – PROJECT MANAGEMENT 19.01 Work Included A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollutions, management of water and management of excess earth. 19.02 Quality Assurance A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 19.03 Document Submittal A. Provide documents in accordance with Article 24. 1. Provide copies of Supplier’s printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the Contractor in Record Data. 19.04 Required Permits A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. General Conditions 00 72 00 - 80 Corpus Christi Standards – Design/Build Projects Rev 10/2019 G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. 19.05 Safety Requirements A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per Article 26. 19.06 Access to the Site A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per Article 26. 19.07 Contractor’s Use of Site A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures. E. Park employees’ vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately-owned land outside of the Owner’s property, rights-of-way, or easements. General Conditions 00 72 00 - 81 Corpus Christi Standards – Design/Build Projects Rev 10/2019 G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. H. Require Workers to wear clothing that is inoffensive and meets safety requirements. Do not allow sleeveless shirts, shorts, exceedingly torn, ripped, or soiled clothing to be worn on the Project. I. Do not allow firearms or weapons of any sort to be brought on to the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 19.08 Protection of Existing Structures and Utilities A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action and coordinate Work with local utility company and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 19.09 Pre-Construction Exploratory Excavations A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its General Conditions 00 72 00 - 82 Corpus Christi Standards – Design/Build Projects Rev 10/2019 exact vertical and horizontal location at each point where the line is excavated and exposed. C. Prepare a Plan of Action indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the Plan of Action has been approved by the OAR. E. Unless specifically indicated otherwise in the Bid Form, no separate payment will be made for pre-construction exploratory excavations. Include the cost for pre-construction exploratory excavations in the unit price for the pipe construction or other applicable feature. When necessary, pavement repairs associated with exploratory excavations that are beyond the limits of the new pavement will be paid for at the unit prices for pavement repair when an item is included in the Bid Form. When an item for pavement repair is not included in the Bid Form, the cost should be included in the unit price for the pipe construction or other applicable feature. 19.10 Disruption of Services/Continued Operations A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owner of utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a Plan of Action if facilities must be taken out of operation. 19.11 Field Measurements A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Data as required in Article 26. 19.12 Reference Data and Control Points A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. General Conditions 00 72 00 - 83 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 19.13 Delivery and Storage A. Deliver products and materials to the Site in time to prevent delays in construction. B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier’s storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather-tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier’s instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. General Conditions 00 72 00 - 84 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier’s required environmental conditions are continually maintained; and 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 19.14 Cleaning During Construction A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air-borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. General Conditions 00 72 00 - 85 Corpus Christi Standards – Design/Build Projects Rev 10/2019 19.15 Maintenance of Roads, Driveways, and Access A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. B. Submit a Notification by Contractor for Owner’s approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. 19.16 Area Access and Traffic Control A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Comply with the Owner’s Uniform Barricading Standards and Practices. Copies of this document are available through the Owner’s Traffic Engineering Department. Secure required permits from the Owner’s Traffic Engineering Department. 19.17 Overhead Electrical Wires A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 19.18 Blasting A. Blasting is not allowed for any purpose. General Conditions 00 72 00 - 86 Corpus Christi Standards – Design/Build Projects Rev 10/2019 19.19 Archeological Requirements A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 19.20 Endangered Species Resources A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 19.21 Cooperation with Public Agencies A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Company at 1-800-669-8344. General Conditions 00 72 00 - 87 Corpus Christi Standards – Design/Build Projects Rev 10/2019 ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OPT. 20.02 Document Submittal A. Provide documents in accordance with Article 24. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the Contractor before or at the pre-construction conference. 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the OAR at the address indicated at the pre-construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in Article 24. 20.04 Project Meetings A. Pre-Construction Conference: 1. Attend a pre-construction conference. 2. The location of the conference will be determined by the OAR. General Conditions 00 72 00 - 88 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. The time of the meeting will be determined by the OAR but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The OPT, Contractor’s project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Article 27. b. Schedule of Values and anticipated Schedule of Payments per Article 17. c. List of Subcontractors and Suppliers. d. Contractor’s organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR and Owner. a. Meet on a monthly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. Contractor’s superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the OAR or Owner concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. Contractor’s detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. OAR will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre-Installation Meetings: General Conditions 00 72 00 - 89 Corpus Christi Standards – Design/Build Projects Rev 10/2019 1. Conduct pre-submittal and pre-installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 20.07 for the meeting 2 weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the Contractor of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 20.05 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in accordance with Paragraph 20.06. E. Use the Action Item Log to document assignments for actions to be taken in accordance with Paragraph 20.06. 20.06 Decision and Action Item Log A. OAR will maintain a Project Decision Log to document key decisions made at meetings, telephone conversation or Site visits using the format provided: 1. Review the log prior to each regular meeting. 2. Report any discrepancies to the OAR for correction or discussion at the next monthly meeting. General Conditions 00 72 00 - 90 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. OAR will maintain an Action Item log in conjunction with the Project Decision Log to track assignments made at meetings, telephone conversation, or Site visits using the format provided: 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the OAR. Report on status of progress 1 week prior to each progress meeting established in Paragraph 20.04 to allow OAR to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. C. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action item if appropriate. The Contract Documents can only be changed by a Modification. 20.07 Notification By Contractor A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. C. Use “Notification by Contractor” form provided. 20.08 Record Documents A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. General Conditions 00 72 00 - 91 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Store printed Record Documents and Samples in the Contractor’s field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. General Conditions 00 72 00 - 92 Corpus Christi Standards – Design/Build Projects Rev 10/2019 g. Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. ARTICLE 21 – QUALITY MANAGEMENT 21.01 Contractor’s Responsibilities A. Review the OPT’s Quality Management Program and prepare and submit the Contractor’s Quality Control Plan. B. Implement the Contractor’s Quality Control Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the Contractor, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed in Shop Drawings and Record Data for the Project fully comply with the Contract Documents. 4. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing General Conditions 00 72 00 - 93 Corpus Christi Standards – Design/Build Projects Rev 10/2019 services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT’s use in performing inspections and testing; j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 5. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT’s Quality Management Program. 6. Document Defective Work though Certified Test Reports and Defective Work Notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 7. Apply quality control measures to documentation provided for the Project. 8. Implement countermeasures to prevent future Defective Work. C. Perform tests as indicated in this and other Sections of the Specifications. Technical Specifications govern if any testing and inspection requirements of this Section conflict with the testing and inspection requirements of the technical Specifications. D. All verification testing is to be observed by the OAR or designated representative. E. Send test reports to the OAR and the Designer. F. Provide an update on quality control activities at monthly progress meetings required by Article 20. G. Owner will withhold payment for Defective Work, or Work that has not been tested or inspected in accordance with the Contractor’s Quality Control Plan, the OPT’s Quality Control Program, or the Contract Documents. H. Owner will withhold payment for additional testing fees incurred due to Contractor noncompliance with OPT’s Quality Control Program, including retesting fees, standby time, cancellation charges, and trip fees for retesting or cancellations. I. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. Contractor is responsible for all cost with replacing any acceptable Work that must be removed, or might be damaged by corrective actions. General Conditions 00 72 00 - 94 Corpus Christi Standards – Design/Build Projects Rev 10/2019 21.02 Quality Management Activities by OPT A. OPT will perform its own quality assurance tests independent of the Contractor’s Quality Control Program. Assist the OPT and testing organizations in performing quality assurance activities per Paragraph 21.01. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required per Paragraph 21.07. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the Contractor’s Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: 1. Relieve the Contractor of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the Contractor of its responsibility for providing adequate quality control measures; 3. Relieve the Contractor of its responsibility for damage to or loss of Work or products before OPT’s acceptance; 4. Constitute or imply OPT’s acceptance; and 5. Affect the continuing rights of the Owner after OPT’s acceptance of the completed Work. D. Work is subject to OPT’s quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 21.03 Contractor’s Use of OPT’s Test Reports A. OPT has prepared a Quality Management Plan that describes, in general, the OPT’s anticipated quality assurance testing program for this Project. This testing program will be made available to Bidders during the bidding phase. This plan outlines only the testing in general terms and may not reflect actual testing. Actual testing will depend on the Contractors means, methods and procedures of construction which will not be known until the Contractor begins Work and submits their own Quality Control Plan for review. There is no guarantee that all testing will be performed. B. Contractor will receive copies of all test reports documenting OPT’s quality assurance activities. Contractor is entitled to rely on the accuracy of these test results and use these as part of their quality control efforts. C. Contractor is to determine additional testing or inspections that may be required to implement the Contractor’s Quality Control Plan. Include cost for additional testing and inspections required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. D. Contractor may submit a Change Proposal if OPT’s quality assurance testing program deviates significantly from the OPT’s Quality Management Plan, and Contractor can General Conditions 00 72 00 - 95 Corpus Christi Standards – Design/Build Projects Rev 10/2019 demonstrate that additional cost was incurred to implementing the Contractor’s Quality Control Plan resulting from these deviations. 21.04 Documentation A. Provide documentation which includes: 1. Contractor’s Quality Management Plan that establishes the methods of assuring compliance with the Contract Documents. Submit this plan as a Shop Drawings per Article 25. 2. A Statement of Qualification for any proposed testing laboratories that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 3. Provide Certified Test Reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per Article 25. 4. Provide Certified Test Reports for inspection and testing required in this Section and in other Specification Sections. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents they are not in compliance and why it does not comply. Submit these test reports on forms provided per Article 24. 21.05 Standards A. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) “Recommended Requirements for Independent Laboratory Qualifications.” B. Perform testing per recognized test procedures as listed in the various Sections of the Specifications, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 21.06 Delivery and Storage A. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, processing test specimens as required by test standard to maintain the integrity of Samples. 21.07 Verification Testing for Corrected Defects A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected and verify that the OAR closes the item in the Defective Work Register. General Conditions 00 72 00 - 96 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Pay for verification testing. OPT may perform verification testing as part of their Quality Management Program and impose a Set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 21.08 Test Reports A. Certified Test Reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and Contractor; b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the test was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; l. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by Contractor, Subcontractors or Suppliers on the forms provided by the OAR. 3. OPT will prepare test reports on test performed by the OPT. B. Send test report to Designer within 24 hours of completing the test. Flag tests reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. 21.09 Defective Work A. Immediately correct any Defective Work or notify the OAR why the Work is not to be corrected immediately and when corrective action will be completed. B. No payment will be made for Defective Work. Remove Work from the Application for Payment if Work paid for on a previous Application for Payment is found to be Defective. General Conditions 00 72 00 - 97 Corpus Christi Standards – Design/Build Projects Rev 10/2019 21.10 Limitation of Authority of Testing Laboratory A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the Contractor; or 4. Direct or stop the Work. 21.11 Quality Control Plan A. Submit the Contractor’s Quality Control Plan for approval as a Shop Drawing per Article 25. Use Contractor’s Quality Control Plan Checklist provided to review the document before submitting and include a copy of the completed checklist with the Contractor’s Quality Control Plan. Do not begin Work until the Contractor’s Quality Control Plan is approved. Submit an interim plan covering only the portion of Work to be performed if the Contractor plans to begin Work prior to submitting the Contractor’s Quality Control Plan for the Project. Do not begin Work on other parts of the Project until the Contractor’s Quality Control Plan is approved or another interim plan covering the additional Work to be started is approved. B. Provide a Contractor’s Quality Control Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The Contractor’s Quality Control Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. Documentation describing name, qualifications (in resume format), duties, responsibilities, and level of authority of the Quality Control Manager; 3. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 4. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 5. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; General Conditions 00 72 00 - 98 Corpus Christi Standards – Design/Build Projects Rev 10/2019 6. Integrate the OPT quality assurance testing into the Contractor’s Quality Control Plan, specifically identifying the tests or inspections in Paragraph 21.11.B.5 that will be provided by the OPT as part of their Quality Management Program; 7. Procedures for tracking and documenting quality management efforts. 8. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made. 9. Reporting procedures which incorporate the use of forms provided by the OAR. 10. The name of the proposed testing laboratories along with documentation of qualifications per Paragraph 21.04. C. The Quality Control Manager must have authority to reject Defective Work and redirect the efforts of the Contractor’s Team to prevent or correct Defective Work. D. Notify the Designer of any changes to the Contractor’s Quality Control Plan or quality control personnel. E. Meet with the OPT 7 days after Contractor’s Quality Control Plan is submitted and before start of construction to discuss the Contractor’s Quality Control Plan and expedite its approval. 21.12 Implement Contractor’s Quality Control Plan A. Perform quality control observations and testing as required in each Section of the Specifications and where indicated on the Drawings. B. Include the following phases for each definable Work task. A definable Work task is one which is separate and distinct from other tasks, has separate control requirements, may be provided by different trades or disciplines, or may be Work by the same trade in a different environment. 1. Planning Phase: Perform the following before beginning each definable Work task: a. Review the Contract Drawings. b. Review documents and determine that they are complete in accordance with the Contract Documents. c. Check to assure that all materials and/or equipment have been tested, submitted, and approved. d. Examine the work area to assure that all required preliminary Work has been completed and complies with the Contract Documents. e. Examine required materials, equipment, and Sample Work to assure that they are on hand, conform to Shop Drawings and Record Data, and are properly stored. f. Review requirements for quality control inspection and testing. g. Discuss procedures for controlling quality of the Work. Document construction tolerances and workmanship standards for the Work task. h. Check that the portion of the plan for the Work to be performed incorporates document review comments. General Conditions 00 72 00 - 99 Corpus Christi Standards – Design/Build Projects Rev 10/2019 i. Discuss results of planning phase with the OAR. Conduct a meeting attended by the Quality Control Manager, the OAR, superintendent, other quality control personnel as applicable, and the foreman responsible for the Work task. Instruct applicable workers as to the acceptable level of workmanship required in order to meet the requirements of the Contract Documents. Document the results of the preparatory phase actions by separate meeting minutes prepared by the Quality Control Manager and attached to the quality control report. j. Do not move to the next phase unless results of investigations required for the planning phase indicate that requirements have been met. 2. Work Phase: Complete this phase after the Planning Phase: a. Notify the OAR at least 24 hours in advance of beginning the Work and discuss the review of the planning effort to indicate that requirements have been met. b. Check the Work to ensure that it is in full compliance with the Contract Documents. c. Verify adequacy of controls to ensure full compliance with Contract Documents. Verify required control inspection and testing is performed. d. Verify that established levels of workmanship meet acceptable workmanship standards. Compare with required Sample panels as appropriate. e. Repeat the Work phase for each new crew to work on-site, or any time acceptable specified quality standards are not being met. 3. Follow-up Phase: Perform daily checks to assure control activities, including control testing, are providing continued compliance with contract requirements: a. Make checks daily and record observations in the quality control documentation. b. Conduct follow-up checks and correct all deficiencies prior to the start of additional Work tasks that may be affected by the Defective Work. Do not build upon nor conceal Defective Work. c. Conduct a review of the Work with the OPT one month prior to the expiration of the correction period. Correct defects as noted during the review. C. Conduct additional planning and Work phases if: 1. The quality of on-going Work is unacceptable; 2. Changes are made in applicable quality control staff, on-site production supervision or crews; 3. Work on a task is resumed after a substantial period of inactivity; or 4. Other quality problems develop. ARTICLE 22 – FINAL RESOLUTION OF DISPUTES 22.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Agreeing with the other party to submit the dispute to a dispute resolution process; or General Conditions 00 72 00 - 100 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if the parties do not mutually agree to a dispute resolution process. No provision of this Agreement shall be construed as consent to a lawsuit. No provision of this Agreement shall waive any immunity or defense. ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY 23.01 Policy A. It is the policy of the City of Corpus Christi that maximum opportunity is afforded minorities, women, low income persons and Minority/Disadvantaged Business Enterprises (M/DBE) to participate in the performance of contracts awarded by the City of Corpus Christi in support of Equal Employment Opportunity goals and objectives. In accordance with such policy, the City has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 23.02 Definitions A. Prime Contractor: Any person, firm, partnership, corporation, association, or joint venture as herein provided which has been awarded a City contract. B. Subcontractor: Any named person, firm, partnership, corporation, association, or joint venture herein identified as providing work, labor, services, supplies, equipment, materials, or any combination of the foregoing under contract with a prime contractor on a City contract. C. Minority/Disadvantaged Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) or socially and economically disadvantaged individual(s). Minority/Disadvantaged person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise, must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, General Conditions 00 72 00 - 101 Corpus Christi Standards – Design/Build Projects Rev 10/2019 interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. D. Minority: Minority persons include Blacks, Mexican-Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy, women are also considered as minorities. E. Socially and economically disadvantaged individual: Any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who has been subjected to racial or ethnic prejudice or cultural bias within American society because of his or her identity as a member of a group and without regard to his or her individual qualities. The social disadvantage must stem from circumstances beyond the individual's control. F. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. G. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the Contractor’s aggregate work force on all construction Work for the Contract award shall be 1. Minority participation goal is 45%. 2. Minority Business Enterprise participation goal is 15%.. B. These goals are applicable to all the construction work (regardless of federal participation) performed in the Contract, including approved Change Orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s percentage is prohibited. 23.04 Compliance A. Upon completion of the Project, a final breakdown of MBE participation, substantiated by copies of paid invoices, shall be submitted by the Contractor to the City Engineer. B. Make bi-weekly payroll submittals to the City Engineer. The Contractor is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. Along with the request for final payment on the Project, the Contractor will indicate, General Conditions 00 72 00 - 102 Corpus Christi Standards – Design/Build Projects Rev 10/2019 in writing, the overall participation in these areas which have been achieved. The City Engineer may withhold monthly or final payments to the Contractor for failure to submit bi- weekly payrolls in a timely fashion or to submit overall participation information as required. ARTICLE 24 – DOCUMENT MANAGEMENT 24.01 Work Included A. Submit documentation as required by the Contract Documents and as reasonably requested by the OPT. 24.02 Quality Assurance A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 24.03 Contractor’s Responsibilities A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. Use the form provided for this list. C. Incorporate the dates for processing documents into the Progress Schedule required by Article 27. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and Contractor. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. 24.04 Document Submittal A. Submit documents through the Designer. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). General Conditions 00 72 00 - 103 Corpus Christi Standards – Design/Build Projects Rev 10/2019 a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the document. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for “Drop Metadata.” Uncheck the “Drop Metadata” box when reducing file size. h. Add footers to each document with the Project name. 24.05 Document Numbering A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order OAR CP Change Proposal Contractor CTR Certified Test Report Contractor FO Field Order OAR NBC Notification by Contractor Contractor PD Photographic Documentation Contractor RCP Request for a Change Proposal OAR RD Record Data Contractor RFI Request for Information Contractor SD Shop Drawing Contractor SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of document. General Conditions 00 72 00 - 104 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter “A” designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. 24.06 Document Requirements A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Section Application for Payment Article 17 Change Proposal Article 12 Certified Test Report Article 25 for approval of product Article 21 to demonstrate compliance Notification by Contractor Article 20 Photographic Documentation Article 28 Progress Schedules Article 27 Record Data Article 26 Request for Information Article 20 Shop Drawing Article 25 Schedule of Values Article 17 Substitutions Article 12 Suppliers and Subcontractors Articles 20 and 26 ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. General Conditions 00 72 00 - 105 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. C. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 25.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents, or will be if deviations requested per Paragraph 25.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 25.03 Contractor’s Responsibilities A. Provide Shop Drawings as required by Paragraph 25.03 of the Supplementary Conditions. B. Include Shop Drawings in the Schedule of Documents required by Article 24 to indicate the Shop Drawings to be submitted, the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by Article 27. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14-day review cycle for each time a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: General Conditions 00 72 00 - 106 Corpus Christi Standards – Design/Build Projects Rev 10/2019 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawings; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawings are complete for their intended purpose; and 5. Conflicts between the Shop Drawings related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer’s attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 25.10. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor’s risk. Defective products may be rejected at the Owner’s option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. General Conditions 00 72 00 - 107 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 25.05 Special Certifications and Reports A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product’s intended use. General Conditions 00 72 00 - 108 Corpus Christi Standards – Design/Build Projects Rev 10/2019 25.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1-year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 25.07 Shop Drawing Submittal Procedures A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 25.08.A. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for “Drop Metadata.” Uncheck the “Drop Metadata” box when reducing file size. h. Add footers to each document with the Project name. 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. General Conditions 00 72 00 - 109 Corpus Christi Standards – Design/Build Projects Rev 10/2019 a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. 2. Highlight items in black that are not being furnished when the Supplier’s standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14-day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 25.03. General Conditions 00 72 00 - 110 Corpus Christi Standards – Design/Build Projects Rev 10/2019 25.08 Sample and Mockup Submittal Procedures A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner’s option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 25.09 Requests for Deviation A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. General Conditions 00 72 00 - 111 Corpus Christi Standards – Design/Build Projects Rev 10/2019 B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: General Conditions 00 72 00 - 112 Corpus Christi Standards – Design/Build Projects Rev 10/2019 a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. General Conditions 00 72 00 - 113 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 25.11 Resubmission Requirements A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. General Conditions 00 72 00 - 114 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay cost for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. 5. Need for more than one resubmission or any other delay of obtaining Designer’s review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. ARTICLE 26 – RECORD DATA 26.01 Work Included A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents require for record purposes. 26.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 26.03 Contractor’s Responsibilities A. Submit Record Data in accordance with SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. Include Record Data in the Schedule of Documents required by Article 24 to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; General Conditions 00 72 00 - 115 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 26.04 Record Data Requirements A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 26.05 Special Certifications and Reports A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: General Conditions 00 72 00 - 116 Corpus Christi Standards – Design/Build Projects Rev 10/2019 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. 26.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 26.07 Record Data Submittal Procedures A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Record Data. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for “Drop Metadata.” Uncheck the “Drop Metadata” box when reducing file size. h. Add footers to each document with the Project name. General Conditions 00 72 00 - 117 Corpus Christi Standards – Design/Build Projects Rev 10/2019 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of “or equal” products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 26.03. 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. General Conditions 00 72 00 - 118 Corpus Christi Standards – Design/Build Projects Rev 10/2019 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE 27.01 Requirements A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Schedule Work based upon a six day work week. 27.02 Document Submittal A. Submit Progress Schedules in accordance with Article 24. B. Submit a preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. C. Submit a detailed schedule at least 10 days prior to the first payment request. D. Submit Progress Schedules updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. General Conditions 00 72 00 - 119 Corpus Christi Standards – Design/Build Projects Rev 10/2019 27.03 Schedule Requirements A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years’ minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the Contractor’s program for the completion of the Project. 6. Permit schedules to be revised when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of construction by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; General Conditions 00 72 00 - 120 Corpus Christi Standards – Design/Build Projects Rev 10/2019 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with Article 24 indicating: 1. Specific date each document is to be delivered to the Designer. 2. Specific date each document must be received in order to meet the proposed schedule. 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re-submission of each document. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet Specification requirements. 27.04 Schedule Revisions A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the Contractor to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the Contractor’s plan for bringing the Project back on schedule. General Conditions 00 72 00 - 121 Corpus Christi Standards – Design/Build Projects Rev 10/2019 27.05 Float Time A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION 28.01 Work Included A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 28.02 Quality Assurance A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of General Conditions 00 72 00 - 122 Corpus Christi Standards – Design/Build Projects Rev 10/2019 an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 28.03 Document Submittal A. Submit photographic documentation as Record Data in accordance with Article 24. B. Submit two DVDs of the video recording as Record Data in accordance with Article 24. 28.04 Photographs A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. C. Provide two color prints of each photograph and a digital copy on a DVD of each photograph taken. D. Identify each print on back with: 1. Project name. 2. Date, time, location, and orientation of the exposure. 3. Description of the subject of photograph. E. Submit photographs in clear plastic sheets designed for photographs. Place only one photograph in each sheet to allow the description on the back to be read without removing the photograph. F. Final photographs are to include two 8-by-10-inch glossy color prints for each of ten photographs selected by the OAR. These photographs are in addition to normal prints. 28.05 Video Recording A. Provide digital format on DVD that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. DVD shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. General Conditions 00 72 00 - 123 Corpus Christi Standards – Design/Build Projects Rev 10/2019 ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is General Conditions 00 72 00 - 124 Corpus Christi Standards – Design/Build Projects Rev 10/2019 acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. 29.03 Reinspection Fees A. Owner may impose a Set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 29.04 Closeout Documents Submittal A. Record Documents per Article 20. B. Warranties and bonds. C. Equipment installation reports on equipment. D. Shop Drawings, Record Data, and other documents as required by the Contract Documents. E. Evidence of continuing insurance and bond coverage as required by the Contract Documents. F. Final Photographs per Article 28. 29.05 Transfer of Utilities A. Transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 29.06 Warranties, Bonds and Service Agreements A. Provide warranties, bonds, and service agreements required by the Contract Documents. B. The date for the start of warranties, bonds, and service agreements is established per the Contract Documents. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Provide a log of all equipment covered under the 1-year correction period specified in the Contract Documents and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items 2.e through 2.g below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name, with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; General Conditions 00 72 00 - 125 Corpus Christi Standards – Design/Build Projects Rev 10/2019 d. Scope of warranty, bond, or service agreement; e. Indicate the start date for the correction period specified in the Contract Documents for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty, bond, and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the Designer for review. E. Submit warranties, bonds, and service agreements within 10 days after equipment or components are placed in service. ARTICLE 30 – MISCELLANEOUS 30.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 30.02 Owner’s Right to Audit Contractor’s Records A. By execution of the Contract, Contractor grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four (4) years following the completion or termination of the Work, all of Contractor's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. Contractor agrees to retain its records for a minimum of four (4) years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "Contractor written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Examples of Contractor written and electronically stored records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, General Conditions 00 72 00 - 126 Corpus Christi Standards – Design/Build Projects Rev 10/2019 Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Documents. B. Owner agrees to exercise the right to audit, examine or inspect Contractor’s records only during regular business hours. Contractor agrees to allow Owner and/or Owner’s designee access to all of the Contractor's Records, Contractor's facilities, and current or former employees of Contractor, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. Contractor also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. Contractor must include this Paragraph 30.02 in any Subcontractor, supplier or vendor contract. 30.03 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor’s Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor’s Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership or formal business organization of any kind. 30.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 30.04 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 30.05 Limitation of Damages A. Owner is not liable to Contractor for claims, costs, losses or damages sustained by Contractor’s Team associated with other projects or anticipated projects. 30.06 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision or affect the enforceability of that provision or the remainder of this Contract. General Conditions 00 72 00 - 127 Corpus Christi Standards – Design/Build Projects Rev 10/2019 30.07 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. 30.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 30.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 30.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the prior written consent of the Owner. 30.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 30.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County, Texas. 30.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 30.14 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 30.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys’ fees that otherwise might be recoverable, pursuant to the Texas Civil Practice General Conditions 00 72 00 - 128 Corpus Christi Standards – Design/Build Projects Rev 10/2019 and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney’s fees. 30.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. B. No qualified person shall on the basis of race, color, religion, national origin, gender, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. C. Comply with all applicable federal, state and city laws, rules and regulations. 30.17 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 30.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract with no additional liability to the Owner. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contractor may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 30.19 Contract Sum A. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total maximum not-to-exceed amount payable by Owner to Contractor for performance of the Work under the Contract Documents. Contractor accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 30.20 Contractor’s Guarantee as Additional Remedy A. The Contractor’s guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. 30.21 Notices. A. Any notice required to be given to Owner under any provision in this Contract must include a copy to OAR by mail or e-mail. General Conditions 00 72 00 - 129 Corpus Christi Standards – Design/Build Projects Rev 10/2019 END OF SECTION Supplementary Conditions DB 00 73 00 - 1 Design Build Projects Rev 11/2019 DB 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1 – DEFINITIONS AND TERMINOLOGY SC-1.01 DEFINED TERMS A. The members of the OPT as defined in Paragraph 1.01.A.41 consists of the following organizations: B. Delete Paragraph 49 entirely and insert the following: “49. Substantial Completion – The point where the Work or a specified part of the Work is operational, accessible and safe for its intended use in accordance with the Contract Documents.” ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK SC-4.04 DELAYS IN CONTRACTOR’S PROGRESS A. The allocation for delays in the Contractor’s progress for rain days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include rain days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these rain days will occur. Incorporate residual impacts following rain days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to rain days when developing the schedule for construction. Include all costs associated with these rain days and residual impacts in the Contract Price. 2. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 City of Corpus Christi, Texas Supplementary Conditions DB 00 73 00 - 2 Design Build Projects Rev 11/2019 3. A total of 11 rain days have been set for this Project. An extension of time due to rain days will be considered only after 11 rain days have been exceeded in a calendar year and the OAR has determined that a detrimental impact to the construction schedule resulted from the excessive rainfall. Rain days are to be incorporated into the schedule and unused rain days will be considered float time which may be consumed by the Owner or Contractor in delay claims. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. Delete Paragraph 5.03 entirely and insert the following: “5.03 Subsurface and Physical Conditions A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site, or drawings of physical conditions relating to existing surface or subsurface structures at the Site, are known to Owner.” SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.06 which describe Hazardous Environmental Conditions that have been identified at or adjacent to the Site. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner. ARTICLE 6 – BONDS AND INSURANCE SC-6.03 REQUIRED MINIMUM INSURANCE COVERAGE CONTRACTOR’S INSURANCE AMOUNTS Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of Contract, have extended reporting period provisions and identify any limitations regarding who is insured. Commercial General Liability including 1. Commercial Form 2. Premises – Completed Operations 3. Explosions and Collapse Hazard 4. Underground Hazard 5. Products / Completed Operations Hazard $1,000,000 Per Occurrence $2,000,000 Aggregate Supplementary Conditions DB 00 73 00 - 3 Design Build Projects Rev 11/2019 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury Business Automobile Liability - Owned, Non- Owned, Rented and Leased $1,000,000 Combined Single Limit Workers’ Compensation Statutory Employer’s Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability Required if Contract Price > $5,000,000 $1,000,000 Per Occurrence Contractor’s Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. Required if excavation > 3 ft $1,000,000 Per Claim ☐ Required x Not Required Builder’s Risk (All Perils including Collapse) Required for vertical structures and bridges Equal to Full Replacement Cost of Structure and Contents ☐ Required x Not Required Installation Floater Required if installing city-owned equipment Equal to Contract Price ☐ Required x Not Required ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES SC-7.14 INDEMNIFICATION A. Delete Paragraph 7.14.A entirely and insert the following: “A. Contractor shall indemnify, defend and hold harmless the Owner from and against claims, damages, losses and expenses, including but not limited to attorney’s fees or dispute resolution costs, arising out of or resulting from performance of the Work and/or failure to comply with the terms and conditions of the contract, violations of Laws or Regulations, or bodily injury, death or destruction of tangible property caused by the acts, omissions or negligence of the Contractor’s Team, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by Owner hereunder, subject to the Owner’s defenses and liability limits under the Texas Tort Claims Act. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of Owner in instances where such negligence causes personal injury, death or property damage.” B. Delete Paragraph 7.14.B entirely and insert the following: “B. Contractor shall indemnify, defend and hold harmless the Owner from and against Indemnified Costs, arising out of or relating to: (i) the failure to control, contain, or remove Supplementary Conditions DB 00 73 00 - 4 Design Build Projects Rev 11/2019 a Constituent of Concern brought to the Site by Contractor’s Team or a Hazardous Environmental Condition created by Contractor’s Team, (ii) Contractor’s Team’s action or inaction related to damages, delays, disruptions or interference with the work of Owner’s employees, other contractors, or utility owners performing other work at or adjacent to the Site, or (iii) the correction of Defective Work. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of Owner in instances where such negligence causes personal injury, death or property damage.” ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS SC-14.04 PREVAILING WAGE RATES A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination (WD) No Construction Type Project Type TX21 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX29 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). TX33 Heavy Pipeline - On-Shore Pipeline Construction TX34 Heavy Pipeline - Off-Shore Construction TX288 Building Building Construction Projects (does not include single family homes or apartments up to and including 4 stories) TX51 Heavy Dredging projects along the Texas gulf coast area including all public channels, harbors, rivers, tributaries and the Gulf Intracoastal Waterways. TX55 Heavy Tunnel Construction Projects (Bored, 48” In Diameter Or More) END OF SECTION Page 1 of 45 Attachment D – Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity - 41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications – 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FR-10 Access to Records and Record Retention FR-11 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (M/WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements Page 2 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 3 of 45 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the CIty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 24 CFR 85.36 Page 4 of 45 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct 13, Page 5 of 45 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference: Executive Order 11246 & Title 41 CFR Part 60 -1.4 Page 6 of 45 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Page 7 of 45 procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Page 8 of 45 g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 9 of 45 failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246 & Title 41 CFR Part 60 – 4.3 Page 10 of 45 FEDERAL REQUIREMENTS: FR-05 COPELAND “ANTI-KICKBACK” ACT – 18 U.S.C. 874 / 40 U.S.C. 276c / 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 11 of 45 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 12 of 45 (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 13 of 45 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215- 0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its Page 14 of 45 designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually Page 15 of 45 performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of ….. influencing in any way the action of such Administration….makes, utters or publishes any statement knowing the same to be false…..shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable Page 16 of 45 shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 "General Decision Number: TX20190021 01/04/2019 Superseded General Decision Number: TX20180031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that Page 1 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 * SUTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting).........................$ 9.05 Concrete Finisher................$ 7.56 ELECTRICIAN......................$ 13.37 2.58 Laborers: Common......................$ 7.25 Utility.....................$ 7.68 Power equipment operators: Backhoe.....................$ 9.21 Motor Grader................$ 8.72 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Page 2 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Page 3 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Page 4 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests Page 5 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Page 6 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION " Page 7 of 7beta.SAM.gov 10/14/2019https://beta.sam.gov/wage-determination/TX20190021/0/document Page 21 of 45 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d Page 22 of 45 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. Page 23 of 45 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low- income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead- based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section-3- covered activity. Form HUD-60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients’ efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. Page 24 of 45 The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient’s implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the “Program Code” in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of “Other” includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor’s or recipient’s payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts – Self -explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. * The terms “low-income persons” and very low-income persons” have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons Page 25 of 45 mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of unusually high or low family incomes. Page 26 of 45 Page 27 of 45 Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for Low – and Very Low-Income Persons and Urban Development Office of Fair Housing (exp. 11/30/2010) And Equal Opportunity Section back of page for Public Reporting Burden statement 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant: 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 10. Program Name: Part I: Employment and Training (** Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total * Program Codes 3 = Public/Indian Housing 4 = Homeless Assistance 8 = CDBG State Administered 1 = Flexible Subsidy A = Development, 5 = HOME 9 = Other CD Programs 2 = Section 202/811 B = Operation 6 = HOME State Administered 10 = Other Housing Programs C = Modernization 7 = CDBG Entitlement Page 1 of 2 form HUD 60002 (6/2001) Ref 24 CFR 135 HUD Field Office: HUD Field Office: Page 28 of 45 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients’ compliance with Section 3, to assess the results of the Department’s efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 Page 29 of 45 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: 24 CFR 85.36 Page 30 of 45 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative’s access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 24 CFR 85.36 Page 31 of 45 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended, (24 CFR 85.36 & Section 306 of the Clean Air Act & Section 508 of the Clean Water Act Page 32 of 45 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 24 CFR 85.36 & Public Law 94-163 Page 33 of 45 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 24 CFR 85.35 Page 34 of 45 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 35 of 45 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section Page 36 of 45 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of “upward mobility”, “bridge” and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (l) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 37 of 45 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 38 of 45 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. Page 39 of 45 FEDERAL REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 40 of 45 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 41 of 45 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 45 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors' Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & Ill of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 43 of 45 CDBG PROJECT SIGN 8’ 4’ 3’6” Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of ¾” plywood. Sign should be posted at a minimum of than 3’ 6” high from ground level. Red Background White Letters White Background Black Letters PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CDBG FUNDS: $ Total Project Cost: $ Contractor: Address: Phone Number: Blue Background White Letters Page 44 of 45 AFFIRMATIVE ACTION PLAN ____________________________________ in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that ________________________________ will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. __________________________________ has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. ______________________________ will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, __________________________________ and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. _________________________________ and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by ___________________________________ and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS _________________________________ will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. __________________________________ ____________________________ ______________ (print) Name of Executive Officer SIGNATURE DATE __________________________________ ___________________________________________ (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: _________________________________________________________ ADDRESS: ________________________________________________________________ PHONE NO.:________________________________ Page 45 of 45 END OF FEDERAL REQUIREMENTS DATE:December 9, 2019 TO:Mayor and Council FROM:Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 CAPTION: Motion approving the 2020 Council Meeting calendar. SUMMARY: For planning purposes, attached is the proposed 2020 Council meeting calendar. The calendar includes proposed meeting dates for the Downtown TIRZ No. 3 Board and Audit Committee since Council members serve on these boards and the meetings are held before regular City Council meetings. BACKGROUND AND FINDINGS: Council Policies state that the City Council shall meet in regular session at 11:30 a.m. each Tuesday, except the first Tuesday of each month. The City Charter states that the City Council shall meet in regular session at least once per week unless the Council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes. The Charter also requires the Council to meet in regular session not less often than twice a month. Canceled Council Meetings: March 10, 2020 Spring Break May 26, 2020 Memorial Day Break June 30, 2020 Summer Break November 24, 2020 Thanksgiving Break December 22 & 29, 2019 Christmas Break New Council Meeting: December 1, 2020 FISCAL IMPACT: None. Approval of 2020 Council Meeting Calendar AGENDA MEMORANDUM Action Item for the December 17, 2019 Council Meeting RECOMMENDATION: Approve the 2020 Council meeting calendar. SUPPORTING DOCUMENTS: 2020 Council Meeting Calendar DATE:October 28, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a retail center. BACKGROUND AND FINDINGS: The subject property is 4.61 acres in size. The owner is proposing to construct a retail center. The current zoning of “RS-6” Single-Family 6 District permits single-family homes. However, the “CN- 1” Neighborhood Commercial District permits retail uses. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial land uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. The property is currently vacant and is a remaining “RS-6” Single-Family 6 tract. The subject property has never been developed. Surrounding properties have been rezoned within the past five years indicating a pattern towards neighborhood commercial development along the Holly Road corridor. If the “CN-1” Neighborhood Commercial District is approved, the retail development will need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the “CN-1” District does not allow bars, pubs, taverns, or nightclubs. Public Input Process Number of Notices Mailed 50 within 200-foot notification area 5 outside notification area Rezoning a property at or near 3046 Holly Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 12/17/19 Second Reading Ordinance for the City Council Meeting 01/14/20 As of October 2, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District on October 16, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and 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 appear and 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 being 4.61 acres out of Lot 4, Section 3, Bohemian Colony Lands as recorded in Volume "A" at Page 48 of the Map Records of Nueces County, Texas as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. The subject property is located at or near 3046 Holly Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map is 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 Page 2 of 5 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. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1019-06 INFOR No. 19ZN1022 Planning Commission Hearing Date: October 16, 2019 Applicant & Legal Description Owner: Rogerio and Maria E. Lopez Applicant: Diamond Events, LLC. Location Address: 3046 Holly Road Legal Description: Being 4.61 acres out of Lot 4, Section 3, Bohemian Colony Lands as recorded in Volume "A" at Page 48 of the Map Records of Nueces County, Texas, located along the north side Holly Road, west of Kostoryz Road, and east of Richter Street. Zoning Request From: “RS-6” Single-Family 6 District To: “CN-1” Neighborhood Commercial District Area: 4.61 acres Purpose of Request: To allow for the construction of a retail center. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Vacant Commercial North “RS-6” Single-Family 6 Vacant Medium Density Residential South “RS-6” Single-Family 6 Professional Office Medium Density Residential East “CG-2” General Commercial Commercial Commercial West “CN-1” Neighborhood Commercial Vacant and Low Density Residential Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 047037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 700 feet of street frontage along Holly Road which is designated as an “A1” Minor Arterial Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity of 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Holly Road “A1” Minor Arterial 95’ ROW 64’ paved 100’ ROW 64’ paved 17,050 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family District to the “CN-1” Neighborhood Commercial District to allow for the construction of a retail center. Development Plan: The subject property is 4.61 acres in size. The owner is proposing a retail center on the eastern portion of the subject property. The proposed center is 21,000 square feet (sf) of which Mira's Sports and More will occupy all but 5,000 sf upon completion. The 5,000 sf will be used for retail or office lease space and future expansion. The center portion will be 20' high metal building with each side building extension being 16' high. Construction will be metal building with stone/brick wainscot and decorative parapet. There will be parking spaces in compliance with City code for proposed use. Signage will include front building facade and also a street pylon sign. Development will not commence until next year as the subject land is under contract and will close subject to re-zoning and platting requirements hopefully by year end. Mira's Sports and More is currently located at 6006 Ayers Street and is 11,000 sf in size. Their hours of operation are 9 am to 6 pm six days a week. Mira's employs 30 full time and 5 part time employees. They have outgrown the space and the proposed location on Holly Road is near the current location. The proposed zoning and use is compatible with the “CN-1” District recently granted to adjacent lots in 2011, 2017, and 2018 along this portion of Holly Road. The property rear will follow City code requirements and respect the privacy of residential owners. The remaining land will be platted into two one acre sites ready for future expansion or placed on the market for sale. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District, consists of a vacant lot, and has remained since annexation in 1962. To the north are single-family residences zoned “RS-6” Single-Family 6 District and platted in 2007 as the Vista Hermosa Subdivision. To the south are single-family residences zoned “RS-6” Single-Family 6 District and platted in 1980 as the Crestmont Unit 5 Subdivision. To the east are commercial properties zoned “CG-2” General Commercial District. The properties consist of the Corpus Christi All Star Gym and Events Center, as well as a Stripes convenience store. To the west are commercial businesses zoned “CN- 1” Neighborhood Commercial District. The properties consist of Tejas Auto Insurance, Dollar General, and the Corpus Christi Wellness Center. All three of these commercial businesses were recently rezoned to the “CN-1” Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Staff Report Page 3 Utilities: Water: 8-inch PVC line located along Holly Road. Wastewater: 12-inch PVC line located along Holly Road. Gas: 2-inch Service Line located along the rear property line. Storm Water: Road side inlets located along Holly Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the “CN-1” Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). 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). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The property is currently vacant and is a remaining “RS-6” Single-Family 6 tract. The subject property has never been developed. • Surrounding properties have been rezoned within the past five years indicating a pattern towards neighborhood commercial development along the Holly Road corridor. • If the “CN-1” Neighborhood Commercial District is approved, the retail development will need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the “CN-1” District does not allow bars, pubs, taverns, or nightclubs. Staff Report Page 4 • Specifically, a Type B buffer yard will be required for the north property line adjacent to the Vista Hermosa Subdivision. Type B buffer yards consist of a 10-foot wide buffer and at least 10 landscape points. Planning Commission and Staff Recommendation (October 16, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Public Notification Number of Notices Mailed – 50 within 200-foot notification area 5 outside notification area As of October 11, 2019: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-06 Rogerio and Maria E. Lopez (Mira's Sporting)/Council Documents/Report - Rogerio and Maria E. Lopez.docx Staff Report Page 5 City Council December 17, 2019 Zoning Case #1019-06 Rogerio and Maria Lopez Rezoning for a Property at 3046 Holly Road From “RS-6” To “CN-1” 2 Aerial Overview Subject Property at 3046 Holly Road 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “CN-1” Neighborhood Commercial District 6 Site Plan 7 Public Notification 50 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 8 UDC Requirements Buffer Yards: CN-1 to RS-6: Type B: 10’ & 10 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height Parking: 1:250 Square feet (net floor area) Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in “CN-1” 9 Utilities Water: 8-inch PVC Wastewater: 12-inch PVC Gas: 2-inch Service Line Storm Water: Roadside Inlets DATE:November 26, 2019 TO:Peter Zanoni, City Manager FROM:Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication (Council District 1). SUMMARY: The proposed amendment to the wastewater master plan for the Calallen South Subdivision, located on the east frontage of US 77 just south of County Road 52 will realign the service boundaries of sub-basins within the Allison Wastewater Master Plan. Staff and Planning Commission recommend approval. BACKGROUND AND FINDINGS: Portions of the existing wastewater system in the area immediately adjacent to the subject tract were either constructed before the master plan was adopted or installed in a manner inconsistent with the master plan. These changes have created a need to reevaluate the plan and develop modifications to efficiently serve the area. The Wastewater Collection System Master Plan (Exhibit A) shows a planned 12-inch collection line serving area 34-D1. This line has been constructed as per the master plan. The Plan (Exhibit A) also shows a planned 10-inch collection line serving area 34-B1 and 34-B2. This line was not constructed as per the master plan and is currently an 8-inch line. The Plan (Exhibit A) also shows a planned 10-inch collection line serving area 35-C1. This line has not been constructed as it would be located outside the city limits. The developer is proposing an amendment to the adopted Allison WWTP master plan which will allow the entire subject tract to utilize the 12-inch collection line that is currently constructed and for this area to be consolidated into one larger sub-basin 34-D1 on the Wastewater Master Plan Amendment for Calallen South located on the east frontage of US 77 just south of County Road 52. AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council January 14, 2020 plan combining sub-basins 34-B1 and 35-C1 into 34-D1. This would require an adjustment to the service boundaries to include this development (Exhibit B). A detailed analysis of the capacity of the systems are provided on the attached narrative for the requestedamendment highlighting how the existing 12- inch line can handle the additional acreage. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: No financial impact is associated with this item. RECOMMENDATION: Staff recommends approval of the proposed Wastewater Collection System Master Plan amendment. The Planning Commission recommended approval of the proposed amendment at their October 2, 2019 meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Engineer’s Request Letter Presentation Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Wastewater Collection System Master Plan for Allison W.W.T.P Service Area, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 2, 2019, during a meeting of the Planning Commission, and on December 17, 2019, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan for Allison W.W.T.P Service Area, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended to realign the service boundaries for areas 34-D1, 34-B1, 34-B2 and 35-C1 located on Sheet 12 of Appendix D as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan for Allison W.W.T.P Service Area, as amended from time to time and except as changed by this ordinance, remain in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor PROPOSED CALLICOATTENORTH FORCE MAINLEOPARD STCENTRALPOWER & LIGHTBASIN 32-BIS RECOMMENDED FOR ALTERNATIVE COLLECTIONCALLICOATTE RDU.P.R.R. FL= 60.78 FL= 60.3334-D-2184 ac.34-D-195 ac.34-B-1117 ac.34-B-242 ac.35-C-174 ac.35-C-2110 ac.35-C-394 ac.35-B-3302 ac.31-C-1205 ac.34-C-187 ac.34-B-434 ac.34-B-329 ac.31-C-2119 ac.31-A-1142 ac.F MF MF MF MF MF MF MF MF M FL= 17.49US HWY 77PROPOSED COUNTY RD 52FORCE MAINHEARN RD LINEF MSHT. # 11SHT. # 12SHT. # 6SHT. # 12SHT. # 12SHT. # 17SHT. # 12SHT. # 13 FL= 76.00 FL= 66 FL= 40 FL= 45 FL= 50 FL= 67.00 FL= 63.00 FL= 64.00 FL= 68.00 FL= 68.00 FL= 64.00 FL= 60.00 FL= 66.00 FL= 66 FL= 40HEARN RDEMORY DRMCBURNETT DRLOTT AVESIERRA STCHAMIZAL STMOUNTAIN VIEW DRPERRY LN DUNSTAINDANIEL DRBROOKHILL DRR U S H IN G B L V D LEO DRBROOKSIDE STBROOKHAVEN DRCOX CRPERNITAS CREEK DRVELDA DRWIRT AVEFONTANA AVEYELLOW OAK AVEROUNDROCK RDOGLETHORPE DRPIEDRA CREEK DRDEVILS CREEK DRCOUNTRY ESTATES DRCOUNTRY DAWN DRSANDY HOLLOW CREEK DRELMONT AVEBROOKLANE DRCARENCIA DRSUNNYVILLE DRHONEY TRSILVER CREEK DRSHELTON BLVDSHELTON DRJACOB STDEEP W ATER CRDALLAS DRORREL CRBLACK PEAK DRPALISADE STBEE MOUNTAIN DRRORER CRYELLOW STONE DRSI ERRA CRRED BLUFF RDCANYON STRUSTIC OAK DRCOUNTRY SIDE CRW ILD HORSE VALLEY DRREBECCA DRFONVILLA CRBANILY DRSHELTON BLVDalineREHFELD RDWILLOWOOD CREEK DR FL= 35 FL= 67 FL= 66.7 FL= 32.4 FL= 68.5 FL= 59.6 FL= 34.5 FL= 60.5 FL= 66.4 FL= 57.5 FL= 59.7 FL= 68.73 FL= 27.58 FL= 65.56 FL= 43.04 FL= 68.54 FL= 24.09 FL= 29.21 FL= 71.68 FL= 48.22 FL= 51.07 FL= 73.28 FL= 68.99 FL= 55.49 FL= 61.66 FL= 38.93 FL= 47.29 FL= 52.22 FL= 57.48 FL= 20.95 FL= 17.49 FL= 59.06 FL= 58.07 FL= 62.64 FL= 59.06 FL= 61.41 FL= 59.05 FL= 61.78 FL= 60.92 FL= 60.54 FL= 57.14 FL= 56.44BASIN 31 2051 ac.BASIN 34 1110 ac.31313140404043464660606060606060606060606060585653535768666464627373737373737373737373737373738080808075757575757575757575757575757575757575757575757575757581707070707070707070707070707070707070707272727272727272727272727474747474747474747474747474747474747474747474747474747474747474505050505050507777777777777776767676767676767676767676767676767676767676767676767676767676767676767676767676787890888282SEWER 34-ASEWER 34-D SEWER 31-CSEWER 31-CSEWER 34-ASEWER 34-ASEWER 34-ASEWER 34-ASEWER 34-BSEWER 31-ASEWER 34-DSEWER 31-CSEWER 35-CS E W E R 3 4 -B S E W E R 3 4 -B SEWER 34-BSEWER 31-CSEWE R 31-CSEWER 34-DSEW ER 34-DSEWER 34-B18 VCP @ 0.18%Q = 2.8815 VCP @ 0.53%Q = 3.0415 VCP @ 0.50%Q = 2.9510 PVC @ 0.28% Qc =0.7510 PVC @ 0.29% Qc =0.7612 PVC @ 1.00% Qc =2.3010 PVC @ 1.70% Qc =1.8412 PVC @ 0.30% Qc =1.2712 PVC @ 0.32% Qc =1.3010 PVC @ 0.40% Qc =0.891 0 P V C @ 0 .6 7 % Q c =1 .1 6 12 PVC @ 0.21% Qc =1.05102020CITY OF CORPUS CHRISTITEXASWASTEWATER COLLECTION SYSTEMMASTER PLANALLISON SERVICE AREAWASTEWATER DEPARTMENTSHEET 12 of 30APPENDIX DCITY PROJECT # 7236CONTOUR INTERVAL = 1 FT.5151 FLYNN PARKWAY SUITE 314CORPUS CHRISTI, TEXAS 78411www.hdrinc.comPh. 361 857-2216Fax. 361 857-0509800 0Feet38-C-138 ac.LegendPROPOSED LIFTSTATIONPROPOSED FORCEMAINSPROPOSED MANHOLEFL = 40.00PROPOSED SEWER MAIN1' CONTOUR INTERVALSUB BASIN CALL-OUTBASIN 38556 ac.BASIN CALL-OUT81010' CONTOUR INTERVALWASTEWATER BASINWASTEWATER SUB BASINRIVER AREAS NOT IN SERVICE AREAEXISTING LIFT STATIONSEXISTING FORCE MAINSEXISTING MANHOLEEXISTING SEWER MAINSFL = 40.00F MF MQp =Qc =PEAK WASTEWATER FLOWS FOR ULTIMATE DEVELOPMENT (YEAR 2030)CAPACITY OF WASTEWATERCOLLECTION LINESWASTEWATER COLLECTIONSYSTEM MODEL J 15 VCP15 VCP12 PVC12 VCP12 PVC12 PVC18 VCP 16 PVC FM 7 IForce Gravity Effluent-ForceM ain Effluent-Gravity J Wastewater Lift Station Document Path: C:\Users\gabrielh\Desktop\InHouse\Calallen South\Proposed.mxd Date: 9/27/2019 Map by: Utilities GIS 0 360 720180 FeetUS 77CR 52 ALLISON W.W.T.P. SERVICE AREA AMENDMENT 34-D-1290 ac. City Council December 17, 2019 Amendment to the Wastewater Collection System Master Plan Allison W.W.T.P. Service Area Calallen South 1 2 Aerial Overview Calallen South Master Plan Overview Calallen South Master Plan Detail 12” Gravity Line 10” Gravity Line 10” Gravity Line Current Master Plan Infrastructure AREA SERVED BY 12” AREA SERVED BY 10” AREA SERVED BY 10” OCL PROPOSED 10” PROPOSED 10” Master Plan Amendment 290 AC. SERVED BY 12”36 AC. TO BE SERVED BY 10” AS CURRENTLY SHOWN ON MASTER PLAN Staff Recommendation Approve proposed Wastewater Collection System Master Plan Amendment DATE:November 26, 2019 TO:Peter Zanoni, City Manager FROM:Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Road off Lipes Boulevard; amending Comprehensive Plan; and providing publication (Outside City limits near Council District 5). SUMMARY: This ordinance will amend the City’s adopted wastewater master plan by eliminating a 704-foot section of 12-inch collection line that has become unnecessary now that the adjacent parcels have been platted and the area can be adequately served without this wastewater line. Staff and Planning Commission recommend approval. BACKGROUND AND FINDINGS: AI Development, Inc. (ADI) through Hanson Engineering has requested this amendment as part of the utility design for the approved final plat of the Airline Crossing Subdivision, Unit 3. This single-family subdivision is located south of Veterans Memorial High School and north of the future Del Mar College Southside campus and is the final phase of this development. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Sub Basin SPA 30 (2006) (Exhibit A) shows a planned 12 -inch collection line beginning at the intersection of Lipes Boulevard and Airline Road extending west 2,900 feet. This wastewater collection system currently exists but is now split into two 12- inch collection lines. This amendment will allow the subject tract to eliminate a section of 12-inch collection line. The elimination of this line will reduce initial construction costs and future maintenance and operations expenditures to the City. A detailed analysis of the capacity of the systems are provided on the attached narrative for the requested Wastewater Master Plan Amendment for Airline Crossing Unit 3 located near Cimarron Boulevard and Lipes Boulevard. AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council January 14, 2020 amendment outlining how the removal of this line will not impact any adjacent properties. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: Initial construction costs to the developer and future maintenance and operation expenditures to the City will be eliminated by removing this portion of collection line from the system. RECOMMENDATION: Staff recommends approval of the proposed Wastewater Collection System Master Plan amendment. The Planning Commission recommended approval of the proposed amendment at their October 2, 2019 meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Developer’s Request Letter Presentation Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Rd. off Lipes Blvd; amending Comprehensive Plan; and providing publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Master Sanitary Sewer Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 2, 2019, during a meeting of the Planning Commission, and on December 17, 2019, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan for Oso W.R.P. Service Area, Sub Basin SPA 30, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended to eliminate a section of 12” collection line as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, as amended from time to time and except as changed by this ordinance, remain in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor J J 8 PVC8 PVC8 PVC8 P V C8 PVC 8 PVC 2 7 P V C 12 PVC 18 PVC12 PVC 18 PVC 21 PVC2 4 P V C 12 PVC I Force Gravity Effluent-ForceMain Effluent-Gravity J Wastewater Lift Station Document Path: C:\Users\gabrielh\Desktop\InHouse\Airline Crossing 3\MP.mxd Date: 9/25/2019 Map by: Utilities GIS 0 180 36090 Feet J J 8 PVC8 PVC8 PVC8 P V C8 PVC 8 PVC 2 7 P V C 12 PVC 18 PVC12 PVC 18 PVC 21 PVC2 4 P V C 12 PVC I Force Gravity Effluent-ForceMain Effluent-Gravity J Wastewater Lift Station Document Path: C:\Users\gabrielh\Desktop\InHouse\Airline Crossing 3\MP.mxd Date: 9/25/2019 Map by: Utilities GIS 0 180 36090 Feet AIRLINE CROSSING UNIT 3 WW MASTER PLAN AMENDMENT PROPOSED12" GRAVITYLIPES BLVD BRONX DRA I R L I N E R D RODD FIELD RDX X X X X X X X X ♦ 4501 Gollihar Road. Corpus Christi, TX 78411 ♦ w 361-814-9900 ♦ hanson-inc.com Exhibit 1 0.4088Multifamily Apartments: 0.5008Single Famil y Re si de nti al : 1.593335 1.029728Flow rate MGD (mil li ons gal l ons/day): Flow rate (cubi c fee t/se cond): June 18, 2019 Acre s:69 Units:338 Type : Acre s:0 Units:0 Type : Acre s:22 Units:500 Type :Future Are a (Two RM-1) Existi ng Area (Manhattan Estates) Commerci al Si ngle Family Residenti al Mul ti Fami ly Apartments Gal l ons/(pe rson*day) (GPD):100 400 Variable Used (Subdivision/Multi Family) Infil ration/Inflow (I/I) (Gal lons/(day*Acre )): 3.5 Type : 8 Type : 2 Type :Pe rsons/uni t: Si ngle Fami l y Re si de nti al Commerci al Mul ti Fami l y Apartme nts Pe rsons/uni t: Pe rsons/uni t: Future Area & Existing Area (Two potential RM-1 Properties, Manhattan Estates) People:2183 4.277197Peaking Factor Cal cul ated: 4Peaking Factor Use d:5 (𝑃𝑜𝑝. 1000).2 Runoff produced by Two RM-1 Properties and Manhattan Estates 𝑸𝒊𝒏 𝑬𝒒𝒖𝒂𝒕𝒊𝒐𝒏 (𝑢𝑛𝑖𝑡𝑠∗𝐺𝑃𝐷∗(𝑝𝑒𝑟𝑠𝑜𝑛 𝑢𝑛𝑖𝑡)∗𝑝𝑒𝑎𝑘𝑖𝑛𝑔 𝑓𝑎𝑐𝑡𝑜𝑟)+(𝐴𝑐𝑟𝑒𝑠∗𝐼𝑛𝑓𝑖𝑙𝑡𝑟𝑎𝑡𝑖𝑜𝑛) 1000000 = 0.5008(Million Gallons/Day)(338 ∗100 ∗3.5 ∗4)+(69 ∗400) 10000000 = .0.4088(Million Gallons/Day)(338 ∗100 ∗3.5 ∗4)+(69 ∗400) 10000000 0.9096TOTAL MGD (Mi l l i on Gal l ons/day): Sanitary Pipe Check 12 Material:PVC Slope %:0.2 k:1.486 n:0.013 0.785398 3.141593 0.25Hydraulic Radi us (fe et):Area (square f eet): Diameter (i nche s): Peri meter (fe e t): Mannings Equation V=2.0286987𝑉=(𝑘 𝑛)∗(𝐴 𝑃) 2 3 ∗(𝑆.5)(1.486 0.013)∗(.785398 3.141593)∗(.2.5)(𝑓𝑒𝑒𝑡 𝑠𝑒𝑐.) Q=VA 2.0286987*0.785398 Q=1.593335(𝑓𝑡3 𝑠𝑒𝑐.) 1.029728 >0.9096 The 12” pipe leading to the Airline lift station can have a flow up to 1,029,728 (Million Gallons/day) The additional RM-1 properties and Manhattan Estates will only produce 909,600(Million Gallons/day) Planning Commission October 2, 2019 Amendment to the Wastewater Collection System Master Plan OSO W.R.P Service Area, Sub Basin SPA 30 Area I Airline Crossing Unit 3 1 2 Aerial Overview Lipes Blvd Rodd Field RdAirline Crossing Unit 3 Master Plan Overview Master Plan Detail 12” Gravity Line Current Infrastructure Lipes Blvd Rodd Field Rd12” Gravity Sewer Master Plan Amendment Lipes Blvd Rodd Field Rd12” Gravity Sewer Connection Point of Airline Crossing Unit 3 Elimination of This Section Staff Recommendation Approve proposed Wastewater Collection System Master Plan Amendment AGENDA MEMORANDUM First Reading Ordinance City Council Meeting December 17, 2019 Second Reading Ordinance City Council Meeting January 14, 2020 DATE:December 12, 2019 TO:Peter Zanoni, City Manager FROM:Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 CAPTION: Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. SUMMARY: On November 21, 2019 staff was informed by NCAD of additional properties within the TIRZ #4 that were not included in the initial adoption of the plans. As such, amendments must be made to reflect additional properties valued at $44.1M and staff recommends amending the project and financing plan. Per Chapter 311.011 of Tax Code, Project and Financing Plans and amendments to the plans must be adopted by the Board and by the City Council via Ordinance. Because this amendment increases the total estimated projects costs, the approval must be adopted after a public hearing, which has been posted. BACKGROUND AND FINDINGS: The Nueces County Appraisal District (NCAD) mapping system does not display condominium buildings. Therefore, five condominium buildings were inadvertently left out of the 2019 certified totals report: 1. [Geo 0941] 4242 Gulfbreeze Boulevard (The Breakers Condo) 54 units 2. [Geo 9019] 3938 Surfside (Villa Del Sol Condo) 412 units 3. [Geo 4220] 4000 Surfside (Las Brisas Condo) 81 units 4. [Geo 0545] 202 Reef (Beach Place Condo) 38 units 5. [Geo 0541] 4601 Gulfbreeze (Beachcomber Cottages Townhomes) 5 units Amending TIRZ #4 Creation Ordinance and Amending the TIRZ #4 Project & Financing Plan The total value of these 5 condominium properties is approximately $41,327,319 for 590 individual condominiums. There were additional submerged parcels, non-taxable parcels, and County-only parcels that were not included and which total $2.8 million. Total additional value is $44.1 million. There will be an increase of $285,467 to the City’s base value revenue, the amount of ad valorem that goes to the General Fund every year. See Table 1 below: Table 1. Changes to Base Value The net taxable value within the TIRZ #4 will increase by $44.1 million from approximately $60 million to $105 million. Due to projected growth and the additional values, this increase is projected to add $2.5 million to the TIRZ #4 increment over the next 20 years, or $126,000 per year. See Table 2 below: Table 2. Changes to TIRZ #4 Increment Due to the increase in projected TIRZ #4 increment revenue in the amount of $2,521,021, staff proposes increasing three of the four major project areas accordingly. Because the Zone will contribute 5% of the total incremental ad valorem to Maintenance Projects, that budget is increased to reflect 5% of the new projected 20-year total. There will be no changes to the Administrative Costs Project. Because Infrastructure Projects represent 46% of the total projected increment value, that Project grouping will be increased proportionately to the remaining balance. The same logic will apply to the increase of the Incentives Projects at 42% proportionate increase to the balance of the increase in projected increment. Table 3. Project Cost Amendments Project Areas Adopted Estimated Costs ($) Percentage of Total Proposed Estimated Costs ($) Percentage of Total Difference ($) Infrastructure Projects 14,665,943 46.19%15,919,636 46.45%1,253,693 Maintenance Projects 1,587,681 5.00%1,713,732 5.00%126,051 Incentives 13,250,000 41.73%14,391,277 41.99%1,141,277 Administrative Costs 2,250,000 7.09%2,250,000 6.56%0 Total 31,753,624 100.00%34,274,645 100.00%2,521,021 ALTERNATIVES: An alternative to amending the attached Project and Financing Plan, the City Council could make revisions to the plan to be considered by the TIRZ #4 Board and brought back to Council for consideration. The Ordinance amending the property must be adopted in order to have an accurate accounting of property values within the zone. FISCAL IMPACT: The fiscal impact of this amendment to the Project and Financing Plans would be as follows: Estimated 20-year TIRZ #4 increment revenue increase of $2,521,021 with a projected total project cost increase of the same amount. The fiscal impact of this amendment to the Ordinance would be as follows: The net taxable value within the TIRZ #4 will increase by $44.1M from approximately $60M to $105M. This increase is projected to add $2.5M to the TIRZ #4 over the next 20 years, or $126K per year. Funding Detail: Fund:N/A Organization/Activity:N/A Mission Element:N/A Project # (CIP Only): N/A Account:N/A RECOMMENDATION: Staff recommends approval of the ordinance as presented. Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. On November 21, 2019 staff was informed of additional properties within the TIRZ #4 that were not included in the initial adoption of the plans. As such, amendments must be made to reflect additional properties valued at $44.1 million and staff recommends amending the project and financing plan. Per Chapter 311.011 of Tax Code, Project and Financing Plans and amendments to the plans must be adopted by the Board and by the City Council via Ordinance. Because this amendment increases the total estimated projects costs, the approval must be adopted after a public hearing, which has been posted. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Project and Financing Plan Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. WHEREAS,in 2019, through Ordinance 031927, the City of Corpus Christi created a tax increment financing district, to be known as “Reinvestment Zone Number Four, City of Corpus Christi, Texas,” over a portion of the City on North Beach; WHEREAS,Ordinance 031927 included a preliminary reinvestment zone financing plan; WHEREAS, the final reinvestment zone project and financing plan was approved by City Council on November 19, 2019; WHEREAS,after Ordinance 031927 was passed and the project and financing plan approved, it was discovered that some parcels in the Zone were inadvertently left out of the calculation provided by the Appraisal District; WHEREAS, on December 17, 2019, the Board of Directors of Reinvestment Zone Number Four took action to approve amendments to the language of the Plan; WHEREAS, a public hearing on this amendment was held at the City Council meeting, which began at 11:30 a.m. on December 17, 2019; WHEREAS, the Tax Increment Base needs to be corrected to reflect the current base of the City and Nueces County so that the Tax Increment Fund can accurately reflect the increment received in the Zone; and WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 031927 is hereby amended to correct the Tax Increment Base for the Zone as shown in Exhibit D. Exhibit D to the Ordinance is hereby deleted in its entirety and replaced with the attached Exhibit D, which is incorporated herein. SECTION 2.The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Four, City of Corpus Christi, Texas (“the Plan”) for the Reinvestment Zone Number Four, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Four on December 17, 2019, regarding additional ad valorem property values within the zone, and other matters relating thereto. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20__, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 20__, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20__. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor December 9, 2019 REINVESTMENT ZONE PROJECT PLAN AND FINANCING PLAN Tax Increment Reinvestment Zone #4 NORTH BEACH, CORPUS CHRISTI, TEXAS December 2019 December 9, 2019 TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................... INTRODUCTION ............................................................................................................ 1 Criteria for Zone Creation 1 Vision for North Beach 2 Anticipated Zone Role in North Beach Improvements 2 PROJECT PLAN …………………………………………………………………………………………………………… 3 Existing Uses and Conditions / Boundaries §311.011(b)(1) 3 Exhibit A ‐ Zone Boundaries and Land Use 3 Exhibit B.1 ‐ Existing Land Use 4 Exhibit B.2 ‐ Existing Property Designation 5 Exhibit B.3 ‐ Existing City Limits, City Owned, Port Owned & Proposed TIRZ Parcels 6 Exhibit C ‐ Legal Description of the Zone 7 Municipal Ordinances §311.011(b)(2) 10 City Planned Improvements (Non‐Project Costs) §311.011(b)(3) 11 Relocation §311.011(b)(4) 12 REINVESTMENT ZONE FINANCING PLAN ....................................................................... 13 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 13 Economic Feasibility Study §311.011(c)(3) 16 Estimate of Bonded Indebtedness §311.011(c)(4) 16 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 16 Method of Financing and Sources of Revenue §311.011(c)(6) 16 Sources of Revenue 16 Current Appraised Value §311.011(c)(7) 19 Estimated Captured Appraised Value §311.011(c)(8) 19 Duration of the Zone §311.011(c)(9) 19 Appendices ................................................................................................................... 20 Appendix A – Economic Feasibility Study §311.011(c)(3) December 9, 2019December 13, 2019December 9, 2019 1 | P a g e INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the “Zone”) over a portion of the city that includes the city’s North Beach area along the Bayfront from the Rincon Channel at the north end, south to the USS Lexington, adjacent to the Texas State Aquarium, and west to the Port of Corpus Christi. Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Conditions meeting the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311, these conditions must “substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use.” The existing conditions in the North Beach area of Corpus Christi hamper investment in residential, retail and hospitality-related property improvements, as outlined in the portions of the Downtown Area Development Plan (DAPD) Residential Market Analysis relevant to North Beach. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. December 9, 2019December 13, 2019December 9, 2019 2 | P a g e Vision for North Beach Over 800,000 people visit the Texas State Aquarium and USS Lexington on North Beach each year. Each of those visitors drives through areas with frequent flooding and blighted as well as vacant properties. Corpus Christi’s first impression to over 800,000 people each year is largely a pathway of deferred maintenance, disrepair, and unimproved properties on the way to the beautifully maintained and exciting Texas State Aquarium and USS Lexington. In recent years, the new Harbor Bridge construction has changed the entrance and exit ramps to and from North Beach. These changes will have an enormous impact on access to and from North Beach and its ability to remain the most visited location in all of the Coastal Bend area. The completion of the Harbor Bridge, and demolition of the old bridge, will spur new opportunities for North Beach revitalization. The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. The North Beach Area should have very well maintained infrastructure and public spaces including medians, right of ways, beaches and parks. The North Beach TIRZ could participate in contributing to a high level of proactive maintenance ensuring a clean residential, commercial and tourist community. Anticipated Zone Role in North Beach Improvements The DAPD Analysis of Residential Market Potential, the 2011 North Beach Development Plan and the 2018 North Beach Redevelopment Area Specific Plan indicate the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Flooding, vacant properties, the aging of existing development, inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in North Beach. However, continued investment by the Texas State Aquarium, changes brought by the new Harbor Bridge, new multi-family construction, new single-family homes, and the City’s commitment to solving flooding issues and to make public amenity improvements are a positive indicator for North Beach. The primary functions of the zone will be to support: • Infrastructure Projects • Maintenance Projects • Development Incentives • Administration of the Zone The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density through parking structure, the zone and the other projects will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vibrant urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses, sending a strong first impression to nearly one million annual visitors to Corpus Christi. December 9, 2019December 13, 2019December 9, 2019 3 | P a g e PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 1,423 acres (454.5 Acres of Land; 968.3 Acres of Water) wholly within the City of Corpus Christi. Its boundaries encompass all of the North Beach area east of the Port of Corpus Christi land, as shown in Exhibit A. A variety of land uses, shown in maps in Exhibit B and described generally below, are present within the proposed TIRZ. A legal description of the Zone is given in Exhibit C. The Texas State Aquarium and the USS Lexington, in the southern area of North Beach, draw more than 800,000 tourists and visitors annually, combined. Removing the Burleson exit leaves only one northbound exit from the new Harbor Bridge, impacting accessibility to these two heavily visited attractions. To the north, the zone transitions to an area of tourist retail, restaurants, hotels, vacant buildings and unimproved land. The beach runs along the eastern portion of the zone. Further north along the beach are multi-story condominiums, city owned Surfside Park, a small number of single-family homes, and a popular city park, Dolphin Park. If funding is determined to be appropriate and TIRZ and City Council choose to fund them, the off shore area allows for the potential inclusion of breakwater barriers. Central North Beach has a linear right of way, formerly a rail easement, owned by the City of Corpus Christi. Timon and Surfside Boulevards run along its edges, acting as a main thoroughfare through North Beach. This right of way is the location of a proposed drainage solution, a canal to mitigate flooding. This North Beach drainage solution could potentially improve stormwater flow on the peninsula. Residents in the northwest portion of North Beach often experience difficulty making the turnaround at the north end of North Beach under the causeway due to flooding. The new Harbor Bridge, TxDOT and the Port of Corpus Christi border the zone to the west. Exhibit A ‐ Zone Boundaries December 9, 2019 4 | P a g e Exhibit B.1: Existing Uses Throughout the Zone December 9, 2019 5 | P a g e Exhibit B.2 Criteria for the Zone December 9, 2019 6 | P a g e Exhibit B.3 Parcels December 9, 2019 7 | P a g e Exhibit C ‐ Legal Description of the Zone December 9, 2019 8 | P a g e December 9, 2019 9 | P a g e December 9, 2019 10 | P a g e Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. December 9, 2019 11 | P a g e City Planned Improvements (Non‐Project Costs) §311.011(b)(3) It is expected that the City or Corpus Christi, Nueces County, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, various nonprofit organizations, private citizens and developers may also consider efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about $11,882,989 million in projects planned, or just recently completed, for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIRZ funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table below lists some of these projects. Note: Amounts may not add perfectly due to rounding Current City Planned Improvements (Non‐Project Costs) Project Source Status Projected Cost Gas US 181 at Burleson Due to conflicts with the new bridge construction there will be 860 feet of 6” steel gas line replacement located in the Burleson St. and US181 intersection. Rev Bond Complete $557,788 Breakwater Ave.. at W Causeway Blvd. Due to conflicts with the new bridge construction there will be 425 feet of 2” steel gas line replacement located in the East Causeway Blvd. and Plum St. area. Rev Bond Complete $202,883 Streets North Beach Area Road Improvements & Area Beautification Includes pavement restoration to North Shoreline Boulevard, new wastewater and water lines on North Shoreline Boulevard, and cleaning existing stormwater and wastewater pipes and manholes on Breakwater Avenue and Coastal Avenue. Bond 2012 Streets Storm Water Wastewater Water Substantially Complete $801,500 North Beach Breakwater Plaza, North Shoreline Repair and Enhancement Includes new curb and gutter, sidewalks, ADA ramps, markings, signage, seating, on-street parking enhancements and illumination improvements to North Shoreline Boulevard. Improvements also include a paved surface to Breakwater Plaza and cleaning existing stormwater pipes and manholes on North Shoreline Boulevard. Bond 2012 Substantially Complete $1,623,900 Beach Avenue (E. Causeway Blvd. to Dead End at Gulfbreeze Blvd.) Reconstruction of existing 2-lane roadway with new pavement, curb & gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings and illumination. Includes bike mobility improvements per the adopted MPO bicycle mobility plan and approved in North Beach Area Plan. Bond 2018 In planning phase $1,000,000 N. Beach Area Primary Access (Beach & Timon/Surfside Intersection) Design and construction of a new curved access road from E. Causeway Blvd. onto Timon Blvd. with a new traffic circle at intersection of Timon/Surfside and Beach roads. Provides a new Bond 2018 In planning phase $1,250,000 December 9, 2019 12 | P a g e Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone’s projects. route for the single access road into North Beach from the new Harbor Bridge. Traffic circle connects Timon/Surfside and Beach and converts Beach Avenue to one-way from Surfside to E. Causeway Blvd. New Traffic circle also allows development of new gateway feature for the entry into North Beach approved in the North Beach Area Plan. N. Beach Gulfspray Ave. Pedestrian/Bike Access (Beach Access to E. Causeway Blvd.) Pedestrian and bicycle infrastructure improvements to create a new train for improved access from Harbor Bridge and the beach approved in the North Beach Area Plan. Bond 2018 In planning phase $300,000 N. Beach Coastal Protection (Breakwater Barrier) Preliminary engineering and permitting with USACE, GLO, Port of Corpus Christi and other agencies for the design and construction of new breakwater barriers to mitigate beach erosion and coastal flooding as approved in the North Beach Area Plan. Bond 2018 In planning phase $250,000 Water US 181-Beach Ave to Elm St Due to conflicts with the new bridge construction there will be 3000 feet of 12” waterline replacement, 600 feet of 16” waterline replacement and 800 feet of 6” waterline replacement to maintain water quality. The work is concentrated on the east side of US181 between Reef Ave. and Burleson St. Rev Bond 90% complete by TxDOT $3,715,322 Breakwater- W. Causeway Blvd Due to conflicts with the new bridge construction there will be 500 feet of 12” waterline replacement to maintain water quality. The work is located on Breakwater Ave. between Avenue F and East Causeway Blvd. Rev Bond 90% complete by TxDOT $1,021,191 Wastewater Due to conflicts with the new bridge construction there will be 500 feet of 4” wastewater force main replacement and abandonment of a total of 1000 feet of 6” and 8” gravity sewer main. This work is located west side of the existing US181 between Burleson St. and Avenue F. US 181 at Plum St. Rev Bond 90% complete by TxDOT $201,649 US 181 at E Walnut St Rev Bond 90% complete by TxDOT $446,815 Burleson St from US 181 SBFR to Seagull Rev Bond 90% complete by TxDOT $411,941 Parks and Recreation North Beach Historic Plaza Placement and installation of a series of historical panels in North Beach plaza currently being constructed as part of Bond 2012. Hotel Occupancy Tax Dec 2019 $100,000 Total $11,882,989 December 9, 2019 13 | P a g e REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support development and economic activity as well as contribute to the image and attractiveness of North Beach Corpus Christi on a local, regional, and national level. In addition, the Zone will pay the costs of Zone creation and ongoing administration. The following are project cost estimates and should not be construed as definitive costs for the listed projects (not listed in priority order). 1. INFRASTRUCTURE PROJECTS: $14,665,943 15,919,636 A. Wayfinding Infrastructure – The Zone may participate in proposed construction of gateway features with wayfinding throughout North Beach. It may also build multi-use paths to major tourists destinations. B. Park Improvements – The Zone may contribute to enhancements to Dolphin Park, Surfside Park, and Kiwanis and construct a North Beach birding park (Eco Park). C. Demolition of Blighted Structures – Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate or demolish such structures in order to develop or redevelop. D. Public Safety – With the purpose of increasing safety and security within the Zone, the Zone will provide support for security cameras and associated costs or other one-time security equipment and system devices. E. Drainage- The Zone may contribute financially to addressing infrastructure improvements that would reduce tidal and stormwater related flooding. F. Residential Streets- In November 2016, the voters approved a Charter Revision to Article VIII. Taxation and Bonds, Section 1. Taxation of the City’s Charter which authorized the City Council to levy, assess and collect a property tax not to exceed six cents per $100 valuation for residential street reconstruction to be gradually implemented at a rate not to exceed two cents per $100 valuation per year (i.e. 2+2+2 = 6 cents). The City Council exercised that authority in FY 2018 and in FY 2019. The additional four cents and potential additional two cents must be used for residential streets as approved by the residents of Corpus Christi on November 8, 2016. City Charter Art. VIII, Sec. 1(c): (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street December 9, 2019 14 | P a g e reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. 2. MAINTENANCE PROJECTS: $1,587,681 1,713,732 A. North Beach Public Spaces Beautification & Revitalization Programs & Services - The Zone may contribute 5% of the total incremental ad valorem taxes collected per year in the Zone to beautification projects including the creation of or enhancements to common areas, roadway and median streetscapes, pedestrian landscapes, beach renourishment and beautification, wayfinding signage, lighting, public facilities and any services relating to such program. 3. INCENTIVES: $13,250,000 14,391,277 All Development Incentives are approved at the discretion of the TIRZ Board. A. Project Specific Development Agreement- In situations where higher development costs create a financing gap, TIRZ #4 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net ad valorem new tax increment on new developments, including mixed-use developments. A pro-forma is required to qualify for up to 75% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required. • The total reimbursement by the TIRZ #4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. • The total reimbursement by the TIRZ #4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet but less than 20,000 square feet or creating at least 25 but less than 100 new residential units. If further gap exists, staff will undertake additional third-party review to justify any additional reimbursement up to 95% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required based on the “but, for” principle. The qualifying cost elements for this Project Specific Development Agreement include those listed in the paragraph above and also: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking, including availability for public parking • Urban Design/Landscaping • Public Improvements/Utilities, including drainage To incent developers to build more than one project on North Beach, the TIRZ Board will consider reimbursement of net ad valorem new tax increment on all of the developer’s properties within the TIRZ boundary. December 9, 2019 15 | P a g e B. North Beach Property Improvement Program – This grant will support and encourage private investment in the existing structures and facilities already built on North Beach. The Zone will match approved property improvements funded by the property owners. The Zone will consider a match of 50/50 (Property Owner / TIRZ #4), depending upon the extent to which the scope of the project meets the priorities of the Zone. C. North Beach Living Initiative– In order to stimulate the development of North Beach and quickly build residential density in the area, the Zone will establish a grant that will provide a $10,000 per dwelling unit reimbursement for multi-family developments of over 10 units. Any applicant awarded a grant must obtain a Building Permit for the entirety of such project(s) within six (6) months of award of such grant. If a Building Permit is not obtained within the six- month time period, then the grant will be forfeited. 4. ADMINISTRATIVE COSTS: $2,250,000 A. Creation – ($250,000) Zone shall reimburse the City for City incurred expenses related to the costs of creating the Zone. B. Administration – ($2,000,000) Zone funds shall pay for the City’s costs of ongoing administration of the Zone including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $100,000 per year for the 20‐year life of the Zone. Project Costs are Estimated as Follows: Infrastructure, Maintenance and Incentives $29,503,62432,024,645 Administrative Costs $2,250,000 TOTAL $ 31,753,62434,274,645 Economic Feasibility Study §311.011(c)(3) Several market and economic feasibility studies for the Zone have been completed. The MJB Consulting “Retail Market Analysis and Strategy” and the Zimmerman/Volk Associates “Office, Retail, and Hotel Market Assessment” are provided under separate cover. In addition, a feasibility analysis by Landmark Renewal was completed in August 2019, which is included in Appendix A to this Plan. December 9, 2019 16 | P a g e Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone’s projects will be funded on a pay‐as‐you‐go basis or utilize other financing methods. However, if the annual Zone revenue and available non‐bonded debt financing are insufficient to address the needs of the Zone, the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors’ identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay‐as-you‐ go project expenditure approach or a bonded debt issuance. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a pay‐as‐you‐go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Developer’s property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within the Zone. It is currently projected that the County will agree to participate in funding the Zone with 100% of the incremental property taxes collected over the life of the Zone and that the City will participate in the funding of the Zone based on the table below. If City reaches $20 million, then the City shall cease contributions to the increment. It is anticipated that Del Mar College will be a participant in the TIRZ. TABLE- TIRZ Contributions Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Year(s) City of Corpus Christi $20,000,000 100% 2019 through 2028 75% 2029 through 2038 Nueces County None 100% 2019 through 2038 December 9, 2019 17 | P a g e The assessed value base year for the City of Corpus Christi and Nueces County is 2019. The projection of incremental property tax revenue contributed to the Zone is as follows: Certified Appraised Values Base value is from 2019 (January 1, 2019) taxable appraised value. Values in future years are based on current development projections. December 9, 2019 18 | P a g e Net Taxable Values from the Certified Roll 2019 (*with estimated development) December 9, 2019 19 | P a g e 3% Fiscal Year Tax Year Values City County Total City County County 100% City Scaled FY 20 2019 104,512,349 675,426 325,648 1,001,074 FY 21 2020 107,647,719 695,688 335,417 1,031,106 20,263 9,769 30,032 FY 22 2021 110,877,151 716,559 345,480 1,062,039 41,133 19,832 60,965 FY 23 2022* 188,203,466 1,216,291 586,419 1,802,711 540,866 260,771 801,637 FY 24 2023 193,849,570 1,252,780 604,012 1,856,792 577,354 278,364 855,718 FY 25 2024* 238,165,057 1,539,175 742,094 2,281,269 863,749 416,446 1,280,195 FY 26 2025 253,035,008 1,635,274 788,427 2,423,701 959,848 462,779 1,422,627 FY 27 2026 268,582,809 1,735,754 836,872 2,572,626 1,060,328 511,224 1,571,552 FY 28 2027 284,835,745 1,840,791 887,514 2,728,305 1,165,365 561,866 1,727,231 FY 29 2028 301,822,134 1,950,568 940,442 2,891,009 1,275,142 614,794 1,889,936 FY 30 2029 319,571,353 2,065,275 995,746 3,061,021 1,042,387 670,098 1,712,485 FY 31 2030 338,113,886 2,185,108 1,053,522 3,238,631 1,132,262 727,874 1,860,136 FY 32 2031 357,481,357 2,310,273 1,113,869 3,424,142 1,226,136 788,221 2,014,357 FY 33 2032 377,706,573 2,440,982 1,176,888 3,617,870 1,324,167 851,240 2,175,407 FY 34 2033 398,823,569 2,577,453 1,242,686 3,820,140 1,426,521 917,038 2,343,559 FY 35 2034 420,867,649 2,719,916 1,311,373 4,031,289 1,533,368 985,725 2,519,093 FY 36 2035 443,875,433 2,868,607 1,383,063 4,251,670 1,644,886 1,057,415 2,702,301 FY 37 2036 467,884,902 3,023,772 1,457,873 4,481,645 1,761,259 1,132,225 2,893,485 FY 38 2037 492,935,452 3,185,664 1,535,928 4,721,592 1,882,679 1,210,280 3,092,959 FY 39 2038 519,067,939 3,354,549 1,617,353 4,971,903 2,009,343 1,291,705 3,301,048 39,989,906 19,280,626 59,270,532 21,487,056 12,767,668 34,254,724 Tax Increment TOTALS Year Tax Revenue 3% Fiscal Year Tax Year Values City County Total City Scaled County County 100% City Scaled FY 20 2019 60,689,500 392,214 189,101 581,316 FY 21 2020 62,510,185 403,981 194,774 598,755 11,766 5,673 17,439 FY 22 2021 64,385,491 416,100 200,617 616,718 23,886 11,516 35,402 FY 23 2022* 140,317,055 906,819 437,211 1,344,030 514,604 248,110 762,714 FY 24 2023 144,526,567 934,023 450,327 1,384,351 541,809 261,226 803,035 FY 25 2024* 187,362,364 1,210,856 583,799 1,794,654 818,641 394,697 1,213,339 FY 26 2025 200,708,235 1,297,105 625,383 1,922,488 904,891 436,282 1,341,172 FY 27 2026 214,686,232 1,387,440 668,937 2,056,376 995,225 479,835 1,475,061 FY 28 2027 229,322,271 1,482,027 714,541 2,196,568 1,089,813 525,439 1,615,252 FY 29 2028 244,643,256 1,581,041 762,279 2,343,320 1,188,827 573,178 1,762,005 FY 30 2029 260,677,109 1,684,662 812,239 2,496,901 969,336 623,137 1,592,473 FY 31 2030 277,452,814 1,793,078 864,510 2,657,587 1,050,647 675,408 1,726,056 FY 32 2031 295,000,453 1,906,482 919,186 2,825,668 1,135,701 730,085 1,865,785 FY 33 2032 313,351,242 2,025,076 976,365 3,001,441 1,224,646 787,264 2,011,910 FY 34 2033 332,537,578 2,149,071 1,036,147 3,185,218 1,317,642 847,046 2,164,688 FY 35 2034 352,593,078 2,278,682 1,098,638 3,377,320 1,414,851 909,537 2,324,387 FY 36 2035 373,552,625 2,414,136 1,163,945 3,578,081 1,516,441 974,844 2,491,285 FY 37 2036 395,452,410 2,555,667 1,232,182 3,787,849 1,622,589 1,043,081 2,665,670 FY 38 2037 418,329,985 2,703,516 1,303,466 4,006,982 1,733,476 1,114,365 2,847,841 FY 39 2038 442,224,308 2,857,936 1,377,918 4,235,854 1,849,292 1,188,817 3,038,108 32,379,912 15,611,564 47,991,477 19,924,084 11,829,540 31,753,624 TOTALS Year Tax Revenue Tax Increment Total December 9, 2019 20 | P a g e According to these projections, 63% of the tax increment revenues will come from the City of Corpus Christi and 37% will come from Nueces County. Revenue estimates will be monitored and adjusted annually. The 2019 tax rate applicable to the reinvestment zone is $0.957852 (or approximately $0.96) per $100 of assessed valuation, broken down as follows: City of Corpus Christi 0.646264 Nueces County 0.311588 Total 0.957852 Applying the 2019 tax rate of $0.957852 per $100 assessed valuation to the 2019 total certified roll taxable value of properties within the zone, property taxes of $581,3161,001,074 are generated. This amount produced from the tax increment base (or the “frozen base”) will continue to be allocated and paid to the taxing entities levying taxes in the zone area, based on their respective tax rates. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District, the 2019 certified roll total assessed value for the Zone for the City of Corpus Christi as of July 26, 2019 is $64,724,132198,076,260. Due to differences in policies regarding exemptions and tax abatements, the net taxable values differ among the two jurisdictions. According to the Nueces County Appraisal District, the 2019 certified roll net taxable value for the Zone as of July 26, 2019 is $60,689,500104,861,392 for the City of Corpus Christi and $59,657,026102,791,043 for Nueces County. Estimated Captured Appraised Value §311.011(c)(8) The table above provides the projected schedule of taxable value increment captured by the Zone over its proposed 20‐year duration. There is a column shown for each entity. Captured value projections assume a 3.0% annual value appreciation rate for existing development. In year 2022, the development currently underway on North Beach, LaVista Pointe Apartments, will be complete with an estimated future property value increase of $24 million. Additionally, there are other developments planned throughout the zone with a combined projected increase in value of $105 million. Based on calculations in the TIRZ # 4 Feasibility Analysis, beginning in 2024 and continuing throughout the remaining life of the Zone, 22 apartment units valued at $150,000 each and 12 condominium or townhome units valued at $300,000 each, are projected to be added to the tax rolls each year. The per unit amounts are adjusted for inflation at 3% per year. The tax increment is the amount of property taxes produced yearly during the term of the reinvestment zone on the captured appraised value. This value is the appraised value of taxable real property within December 9, 2019 21 | P a g e the reinvestment zone which exceeds the tax increment base. The table above shows estimated TIRZ revenues over the 20 life of the zone to be as follows: City of Corpus Christi: $19,924,08421,487,056 Nueces County: $11,829,54012,767,668 Total $31,753,62434,254,724 Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2019, the Zone would expire after 2038. City Council may, by ordinance, extend the length of the TIRZ to allow additional time to expend funds. Appendices Appendix A – Economic Feasibility Study §311.011(c)(3) Feasibility Analysis Tax Increment Reinvestment Zone # 4 North Beach Area City of Corpus Christi, Texas August 2019 2 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s Jim Johnson, PhD Landmark Renewal 3 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s I. Introduction The North Beach area of Corpus Christi, Texas, already a leading tourist destination with 800,000 visitors annually, is primed for accelerated redevelopment upon completion of the new Harbor Bridge and demolition of the old bridge. A number of planning processes have focused on the area, producing a wealth of reports including: • North Beach Development Plan (November 2011) - NBDP • Zimmerman Volk Associates: Residential Market Potential (October 2014) - ZVA • North Beach Redevelopment Area Specific Plan (February 2018) - NBRA • Downtown Area Development Plan, Corpus Christi (March 2018) - DADP In addition, the Market and Economic Feasibility Study Update for TIRZ # 2 (July 2019), contains a detailed residential, retail and hotel development analysis of the Corpus Christi metropolitan statistical area (MSA) applicable in part to North Beach. The feasibility of a tax increment reinvestment zone (TIRZ) depends on whether tax increment stimulated by TIRZ improvements will cover the costs of those improvements, leaving local tax jurisdictions better off at termination of the TIRZ than they would be without a TIRZ. While some new development would occur regardless, establishing the zone provides a revenue source for public improvements that can spur additional and more intensive development than would otherwise occur. The year in which a TIRZ is established becomes its base year, with each succeeding year’s incremental tax revenues pledged to a fund controlled by the zone’s board of directors. Local taxing jurisdictions may contribute up to 100% of their tax increment. TIRZ revenues depend on: • Overall changes in property valuations; • Timing and value of new development; and • Loss of value from demolition of existing improvements. Once the zone has sufficient revenue, infrastructure improvements should coincide with and enable associated private investment (DADP, p. 26). This analysis assumes that TIRZ spending will be based on articulated stakeholder and planning priorities, such as the February 2018 North Beach Redevelopment Initiative Near-Term Projects and Mid- and Long-Term Projects lists. 4 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s II. TIRZ Revenue Projection City of Corpus Christi is expected to participate at 100% for the first ten years and at 75% for the last ten years. Nueces County is expected to participate with 100% of tax increment for the full length of the TIRZ. Base year taxable values vary slightly between jurisdictions, primarily due to differing property tax exemptions offered. Exemptions on owner-occupied residential property include homestead and the over-65 tax freeze. For purposes of these projections, we assume the effect of these exemptions will be small since most existing and new development will be commercial, including multifamily, that is ineligible for these residential exemptions. The aggregate value of single family residential property tax exemptions changes slowly over time. We assume no effect from commercial property tax abatements that could be offered by participating jurisdictions. The following projections of TIRZ revenue are based on the following assumptions: • 3% annual growth in taxable property valuations • Completion of a $24 million apartment complex, LaVista Pointe, in 2022 • New residential development in North Beach equivalent to 22 new apartment units and 12 new condominium or townhome units per year beginning in 2024 Prudence requires a conservative bias in revenue assumptions so that TIRZ spending can be reasonably planned. There is no assumption of added taxable value from retail/commercial or hotel/hospitality/tourism-related new development, despite a reasonable possibility of such investments. According to ZVA (p. 42), the residential “market is constrained in North Beach due to the additional cost of development incurred by flooding issues.” In the five years since the ZVA report, no multifamily residential development has been completed. The TIRZ revenue forecast assumes that a flooding mitigation solution, such as the proposed canal (NBRI Alternative 2), is devised and implemented by the City of Corpus Christi within the next five years. While drainage improvements are unlikely to erase the additional costs of development in North Beach, it should substantially ease that market constraint, making the ZVA residential projections for North Beach realizable in the future. LaVista Pointe, a 150-unit apartment complex, is planned for completion around 2022. ZVA projects North Beach annual residential absorption over a 10-year period of 44-53 apartment units and 26-31 condominium and townhome units. Taking a middle point of those projections, or 48 apartment units 5 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s and 28 condo/townhome units, times 10 years, and subtracting the 150 completed apartment units, results in a projection of 330 additional apartment units and 280 new condo/townhome units after 2024. This analysis assumes that tax revenue from these units is, conservatively, spread over a 15-year period beginning in 2024, after LaVista Pointe has likely reached stabilized occupancy. Apartments are estimated at $150,000 per unit and condos and townhomes at $350,000 at the beginning of the 15-year period, with 3% inflation for new construction in each succeeding year. The 2024 per unit values discounted back to 2019 values at 3% per year equal about $129,000 per apartment unit and $300,000 per condo/townhome unit. While the TIRZ revenue forecast involves no additional retail or hotel development, TIRZ infrastructure should make high intensity tourism-oriented development appealing to the private sector. In particular, TIRZ infrastructure, a canal or other drainage solution, and right of way opened up by demolition of old the Harbor Bridge ramps, together should enable the transformative potential of high-density mixed-use development and structured parking near existing tourist attractions and associated parking needs (DADP, p. 87). “Opportunities here could include hotels, other tourism-related uses, and surface parking serving the beach and other visitor destinations.” (DADP, p. 85) III. TIRZ Projects, Costs and Timing The proposed TIRZ project list is derived from the planning documents listed above and stakeholder input. Project costs are estimates derived from similar types of projects, and therefore should not be construed as definitive costs for the listed projects. The TIRZ Project Plan should contain cost estimates in categories of spending rather than for specific projects, which over the 20-year life of the zone may change conceptually and in terms of scope and extent. Among recommendations of the DADP are the following: • Restore street connections where old Harbor Bridge is removed, and provide “convenient, attractive access at Beach Ave. connecting to Surfside and Timon Blvd.” (p. 32) • Build a “new multi-use path extending along Beach Ave. to the Beachwalk, and along Timon and Surfside Blvd. to the Texas State Aquarium ferry dock.” (p. 36) • “Complete North Beach birding park and Timon/Surfside path within 5 years.” (p. 36) • “Create a welcoming Beach Ave. gateway at the new point of entry to North Beach off the Harbor Bridge.” (p. 86) 6 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s • “A new ‘North Beach Blvd.’ should also be created through the redesign of existing Timon and Surfside Blvd. with street upgrades, a new wide multi-purpose path for pedestrians and bicyclists…and planting the center median with a rich palette of native, coastal plant species.” (p. 86) The North Beach TIRZ should include the following project categories: Roads and wayfinding • Beach Ave. roadway/pedestrian improvements and area beautification • Construction of Traffic Circle at the intersection of Beach Ave. with Surfside Blvd. and Timon Blvd. including gateway feature with wayfinding Parks • Dolphin Park improvements • Surfside Park improvements • Kiwanis Park and Community Center improvements Other infrastructure Demolition of blighted structures Structured parking 7 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s Cumulative revenue is projected as follows: TIRZ spending could begin as early as 2022 on modest improvements, but assuming a pay-as-you-go structure, major infrastructure spending would have to wait at least until approximately $2.83.0 million had been accumulated in 2024. A parking structure would have to wait until near the end of the TIRZ lifetime, unless a private developer could be induced to build a garage in a public-private partnership earlier than that. With the opportunity of vacated ROW from the demolished Harbor Bridge ramps, such a partnership is feasible, perhaps in conjunction with an on-street meter parking policy as envisioned by the DADP (p. 28). . Fiscal Year Tax Year Annual Cumulative FY 20 2019 FY 21 2020 17,439 17,439 FY 22 2021 35,402 52,842 FY 23 2022 762,714 815,556 FY 24 2023 803,035 1,618,591 FY 25 2024 1,213,339 2,831,929 FY 26 2025 1,341,172 4,173,102 FY 27 2026 1,475,061 5,648,162 FY 28 2027 1,615,252 7,263,415 FY 29 2028 1,762,005 9,025,419 FY 30 2029 1,592,473 10,617,893 FY 31 2030 1,726,056 12,343,949 FY 32 2031 1,865,785 14,209,734 FY 33 2032 2,011,910 16,221,644 FY 34 2033 2,164,688 18,386,332 FY 35 2034 2,324,387 20,710,720 FY 36 2035 2,491,285 23,202,005 FY 37 2036 2,665,670 25,867,675 FY 38 2037 2,847,841 28,715,516 FY 39 2038 3,038,108 31,753,624 Year Revenue Fiscal Year Tax Year Annual Cumulative FY 20 2019 FY 21 2020 30,032 30,032 FY 22 2021 60,965 90,998 FY 23 2022 801,637 892,635 FY 24 2023 855,718 1,748,353 FY 25 2024 1,280,195 3,028,548 FY 26 2025 1,422,627 4,451,175 FY 27 2026 1,571,552 6,022,728 FY 28 2027 1,727,231 7,749,959 FY 29 2028 1,889,936 9,639,895 FY 30 2029 1,712,485 11,352,379 FY 31 2030 1,860,136 13,212,516 FY 32 2031 2,014,357 15,226,872 FY 33 2032 2,175,407 17,402,280 FY 34 2033 2,343,559 19,745,839 FY 35 2034 2,519,093 22,264,932 FY 36 2035 2,702,301 24,967,232 FY 37 2036 2,893,485 27,860,717 FY 38 2037 3,092,959 30,953,676 FY 39 2038 3,301,048 34,254,724 Year Revenue Nueces County As of Certification2019 CERTIFIED TOTALS C03 - CITY OF CORPUS CHRISTI Grand TotalsProperty Count: 1,061 10:29:38AM12/2/2019 Land Value Homesite:9,488,496 Non Homesite:41,831,252 Ag Market:0 Timber Market:51,319,748Total Land (+)0 Improvement Value Homesite:56,152,690 Non Homesite:90,413,340 Total Improvements (+)146,566,030 Non Real ValueCount Personal Property:00 Mineral Property:00 Autos:00Total Non Real (+)0 Market Value =197,885,778 ExemptAg Non Exempt 00Total Productivity Market: Ag Use:00 0 (-)Productivity Loss Timber Use:00 =Appraised Value 197,885,778 Productivity Loss:00 304,863(-)Homestead Cap =Assessed Value 197,580,915 (-)Total Exemptions Amount (Breakdown on Next Page) 92,719,523 =Net Taxable 104,861,392 Freeze Assessed Taxable Actual Tax Ceiling Count 330,835 47,685 308.17 411.25 6DP 9,567,781 5,271,864 22,282.04 25,343.36 64OV65 Total 9,898,616 5,319,549 25,754.61 Freeze Taxable (-)22,590.21 70 5,319,549 Tax Rate 0.646264 =99,541,843Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 665,893.31 = 99,541,843 * (0.646264 / 100) + 22,590.21 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 1 of 4C03/595028 Nueces County As of Certification2019 CERTIFIED TOTALS C03 - CITY OF CORPUS CHRISTI Exemption Breakdown StateLocalExemption Count Total 12/2/2019 10:30:02AMProperty Count: 1,061 Grand Totals DP 6 268,114 0 268,114 DV1 1 0 5,000 5,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 61 0 85,059,967 85,059,967 HS 121 1,655,087 0 1,655,087 OV65 72 3,408,651 0 3,408,651 OV65S 1 50,000 0 50,000 Totals 5,381,852 87,337,671 92,719,523 Page 2 of 4C03/595028 Nueces County As of Certification2019 CERTIFIED TOTALS GNU - NUECES COUNTY Grand TotalsProperty Count: 1,111 10:29:38AM12/2/2019 Land Value Homesite:9,488,496 Non Homesite:42,319,097 Ag Market:0 Timber Market:51,807,593Total Land (+)0 Improvement Value Homesite:56,152,690 Non Homesite:90,420,840 Total Improvements (+)146,573,530 Non Real ValueCount Personal Property:00 Mineral Property:00 Autos:00Total Non Real (+)0 Market Value =198,381,123 ExemptAg Non Exempt 00Total Productivity Market: Ag Use:00 0 (-)Productivity Loss Timber Use:00 =Appraised Value 198,381,123 Productivity Loss:00 304,863(-)Homestead Cap =Assessed Value 198,076,260 (-)Total Exemptions Amount (Breakdown on Next Page) 95,285,217 =Net Taxable 102,791,043 Freeze Assessed Taxable Actual Tax Ceiling Count 330,835 24,331 74.86 164.39 6DP 9,567,781 3,740,377 7,692.02 9,573.41 64OV65 Total 9,898,616 3,764,708 9,737.80 Freeze Taxable (-)7,766.88 70 3,764,708 Tax Rate 0.307689 =99,026,335Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 312,460.02 = 99,026,335 * (0.307689 / 100) + 7,766.88 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 3 of 4GNU/595059 Nueces County As of Certification2019 CERTIFIED TOTALS GNU - NUECES COUNTY Exemption Breakdown StateLocalExemption Count Total 12/2/2019 10:30:02AMProperty Count: 1,111 Grand Totals DP 6 284,796 0 284,796 DV1 2 0 10,000 10,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 71 0 85,242,630 85,242,630 HS 121 3,258,371 0 3,258,371 OV65 72 4,154,216 0 4,154,216 OV65S 1 62,500 0 62,500 Totals 7,759,883 87,525,334 95,285,217 Page 4 of 4GNU/595059 DATE:November 20, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12, and authorizing a staff complement of 3 FTE's. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, to continue the program within the Police Department which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program to provide assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/benefits for three Victim Case Managers who provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims’ Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted to help stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the Accepting and appropriating the Victims of Crime Act Grant (VOCA) within the Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 community. The State provides $282,848.09 for the salary/benefits of three Victim Case Managers. Volunteer hours contribute $9,600 as an in-kind contribution, and the City contributes $61,112.03 over the two-year period for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 10/01/2019 – 06/30/2019. This will be the 20 th and 21 st years of program funding. ALTERNATIVES: The alternative of not accepting the funds will cause the program to be curtailed. FISCAL IMPACT: Funding for the City match of $61,112.03 (over two fiscal years) is budgeted in FY20 under cash contribution to grants. It will also be budgeted in FY21. Funding Detail: Fund:1020 Organization/Activity: 60035 Police General Fund Mission Element:152 Project # (CIP Only): Account:548590 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12; and authorizing a staff complement of 3 FTE's. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $282,848.09 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $61,112.03 and an in-kind match of $9,600 from the No. 1020 Police General Fund. SECTION 2.That $282,848.09 grant is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Act (VOCA) Outreach Program in the Police Department. SECTION 3. The transfer of $61,112.03 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $353,560.12. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 11/26/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:1522318 Award Amount:$282,848.09 Date Awarded:11/20/2019 Grantee Cash Match:$61,112.03 Grant Period:10/01/2019 - 06/30/2021 Grantee In Kind Match:$9,600.00 Liquidation Date:09/28/2021 Total Project Cost:$353,560.12 Program Fund:VA-Victims of Crime Act Formula Grant Program Grantee Name:Corpus Christi, City of Project Title:Victims of Crime Act Grant Manager:Rachael Holden DUNS Number:069457786 CFDA:16.575 - Victims of Crime Act Formula Grant Program Federal Awarding Agency: U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime Federal Award Date:8/9/2018 Federal/State Award ID Number: 2018-V2-GX-0040 Total Federal Award/State Funds Appropriated: $284,101,321.00 Pass Thru Entity Name:Texas Office of the Governor – Criminal Justice Division (CJD) 11/26/2019 Office of the Governor 2/2 Is the Award R&D: No Federal/State Award Description: This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims DATE:November 12, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 CAPTION: Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor- Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. SUMMARY: This ordinance authorizes the execution of all documents necessary to accept and appropriate two grants totaling $333,666.41 from the Homeland Security Grant Program (HSGP). The equipment and training provided through these grants will support local and state efforts to prevent terroristic and catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. BACKGROUND AND FINDINGS: Since 2002, the Corpus Christi Fire Department (CCFD) has submitted grant applications to the HSGP on behalf of the Fire Department and the Corpus Christi Police Department (CCPD). The HSGP is a federal grant program that is managed by the State and administered through the Coastal Bend Council of Governments, which is a volunteer association of local governments, cities and counties, and other public and private entities. Acceptance of two grants totaling $333,666.41 from the Texas Office of the Governor – Homeland Security Grant Division AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 Brief History of Program The Homeland Security Grant Program is comprised of three grant programs: State Homeland Security Program (SHSP), Urban Area Security Initiative (UASI), and Operation Stonegarden (OPSG). These grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. Per Congressional mandate, at least 25% of the combined Homeland Security Grant Program funding must be used for Law Enforcement Terrorism Prevention Activities (LETPA). All SHSP-LETPA projects must assist grantees in achieving target capabilities related to preventing, preparing for, or protecting against acts of terrorism. Project Description The two grants awarded under the 2019 HSGP are titled Hazmat Team Enhancement and SWAT Equipment. The Hazmat Team Enhancement grant will provide detection, classification, and personal protective equipment and critical training to the CCFD Hazmat Team, which will also benefit the 11-county region the team serves. The equipment will help the team maintain an enhanced FEMA Type II status while adding Type I capabilities. The hazmat training will be provided for 20 personnel. The SWAT Equipment grant will improve the CCPD Type II Special Weapons and Tactics (SWAT) team’s safety and enhance its capabilities when responding to chemical, biological, radiological, nuclear, and high-yield explosives (CBRNE), HAZMAT, and mass casualty incidents. The search/detection equipment will benefit the CCPD SWAT team while also serving the 11-county region and federal agencies the team assists. ALTERNATIVES: Deny funding and seek alternative funding. FISCAL IMPACT: Acceptance of two grants totaling $333,666.41 for Hazmat Team Enhancement for $222,448.56 and SWAT Equipment for $111,217.85 and appropriating into the FY2020 1062 Fire Grants Fund. Neither a cash match nor an in-kind match is required for this grant. Funding Detail: Fire Grants Fund: 1062 Organization/Activity: 821260F Mission Element: 093 Project # (CIP Only): Account: 20090 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate two grants totaling $333,666.41 for the purchase of terrorism prevention equipment and training. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor— Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept two grants totaling of $333,666.41 from the Office of the Texas Governor — Homeland Security Grant Division, Homeland Security Grant Program for Hazmat Team Enhancement and SWAT Equipment. Section 2. That $333,666.41 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire Grants Fund for Hazmat Team Enhancement and SWAT Equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 11/21/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:3822901 Award Amount:$222,448.56 Date Awarded:10/10/2019 Grantee Cash Match:$0.00 Grant Period:01/01/2020 - 12/31/2020 Grantee In Kind Match:$0.00 Liquidation Date:03/31/2021 Total Project Cost:$222,448.56 Program Fund:HS-Homeland Security Grant Program (HSGP) Grantee Name:Corpus Christi, City of Project Title:Hazmat Team Enhancement Grant Manager:Dorothy Caston DUNS Number:069457786 CFDA:97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: U.S. Department of Homeland Security, Federal Emergency Management Agency Federal Award Date:8/28/2019 Federal/State Award ID Number: EMW-2019-SS-00034-S01 Total Federal Award/State Funds Appropriated: $98,436,639.00 Pass Thru Entity Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD) 11/21/2019 Office of the Governor 2/2 Is the Award R&D: No Federal/State Award Description: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. 11/21/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:3837601 Award Amount:$111,217.85 Date Awarded:10/10/2019 Grantee Cash Match:$0.00 Grant Period:01/01/2020 - 06/30/2020 Grantee In Kind Match:$0.00 Liquidation Date:09/28/2020 Total Project Cost:$111,217.85 Program Fund:HS-Homeland Security Grant Program (HSGP) Grantee Name:Corpus Christi, City of Project Title:SWAT Equipment Grant Manager:Dorothy Caston DUNS Number:069457786 CFDA:97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: U.S. Department of Homeland Security, Federal Emergency Management Agency Federal Award Date:8/28/2019 Federal/State Award ID Number: EMW-2019-SS-00034-S01 Total Federal Award/State Funds Appropriated: $98,436,639.00 Pass Thru Entity Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD) 11/21/2019 Office of the Governor 2/2 Is the Award R&D: No Federal/State Award Description: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. DATE:November 14, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Corpus Christi Fire Chief and LEPC Chairperson rrocha@cctexas.com 361.826.3239 CAPTION: Ordinance appropriating $33,926.39 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. SUMMARY: This Ordinance authorizes the allocation of funds that are in reserve for the LEPC. The LEPC does not receive federal, state or local tax dollars and is funded from the Interlocal Agreement, donations from industry and grants. The funds in reserve are accumulated from previous budgets that were not expended. The funds are needed to supplement and expand community education programs and projects regarding potentially hazardous chemicals. BACKGROUND AND FINDINGS: Chemical safety and awareness are the heart of the LEPC and are mandated by the Emergency Planning and Community Right –to-Know Act. The LEPC reserve funds supplement projects and programs and a portion of the reserve funds will be left in the account for future use by the LEPC, on an as needed basis. These projects and programs have been vetted and approved by the respective subcommittees, the LEPC General Committee and the LEPC Executive Committee which members include Corpus Christi Mayor Joe McComb and Nueces County Judge Barbara Canales. Podium for the Corpus Christi Fire Department Administration training room. This area is utilized by many city departments and will feature a sound system and a locking computer cabinet. Cost: $516.62 Materials for Shelter-in-Place kits that are distributed to area schools, daycare facilities, and libraries to be used in the event of chemical emergencies. An increase in schools Allocation of City of Corpus Christi- Nueces County Local Emergency Planning Committee (LEPC) Reserve Funds AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17,2019 Second Reading Ordinance for the City Council Meeting January 14, 2019 are requesting these kits and are included in school district emergency plans. Cost: $14,950.00 Reprinting of LEPC Activity Book, “Be Prepared for Chemical Emergencies”, distributed to schools and at events. The book is an important teaching tool for chemical safety and having a safety plan in place. Cost: $$5,484.77 Re-painting and wrapping the LEPC vehicle. The vehicle has low mileage and is in good condition, but the wrap/paint is peeling and faded. The van exterior is a useful marketing tool. Cost: $6,975.00 Purchase local TV and radio media slots to show Reverse Alert messages, Shelter-in- Place/Evacuation messages, and chemical safety messages. Cost: $6,000.00 ALTERNATIVES: The funds in reserve were received in previous fiscal years. As they were donations to the LEPC, they can not be used for purposes other than support of the Local Emergency Planning Committee’s mission and providing benefit to the community. FISCAL IMPACT: Appropriating $33,926.39 from the LEPC Reserve Fund to the FY 2019-2020 LEPC Operating Budget. Funding Detail: Fund: 6060 - LEPC Organization/Activity: 21700 Local Emergency Planning Committee Mission Element: 091 Project # (CIP Only): Account: 530500 Printing, Advertising and PR RECOMMENDATION: Complete staff’s recommended action by approving allocation of LEPC reserve funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Itemized quotations provided. Ordinance appropriating $33,926.39 from the City of Corpus Christi— Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $33,926.39 is appropriated from the City of Corpus Christi— Nueces County Local Emergency Planning Committee Reserve Fund No. 6060 to supplement and expand community information programs and projects. Section 2.That the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, is changed by increasing expenditures by $33,926.39. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 25, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief robertro@cctexas.com 361-826-3930 CAPTION: Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 be used to support the Corpus Christi – Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. SUMMARY: The Local Emergency Planning Committee (LEPC) requested support to purchase 150 multi-functional flashlight/radios to add to the Shelter-in-Place kits which are distributed to area school districts. The kits contain items such as water, tape, a towel, first aid kit, and other items to provide for short-term protection from the effects of a hazardous material release emergency. BACKGROUND AND FINDINGS: The primary mission of the LEPC is to reduce the risk of and provide emergency planning for hazardous materials releases. The LEPC recognizes vulnerable populations such as area school districts and provides Shelter-in-Place kits to the classrooms. The multi- functional flashlight/radios will be included in the Shelter-in-Place kits. The cost of the flashlight/radio is $20.00 and acceptance of the Flint Hills Resources Helping Heroes Program grant of $3,000.00 will enable the purchase of 150 units. Acceptance of a grant from Flint Hills Resources in the amount of $3,000.00 from the 2019 Helping Heroes Program AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 ALTERNATIVES: If donation is not accepted, we will have to seek alternative funding. FISCAL IMPACT: Acceptance of $3,000 grant and appropriate to the FY 2019-2020 Fire Department LEPC Fund. Funding Detail: Fund: 6060 Organization/Activity: 21700 Mission Element: 091 Project # (CIP Only): Account: 530500 Printing, Advertising and PR RECOMMENDATION: Staff recommends approval of this Ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $3,000.00 LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi – Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manager or designee is authorized to accept a grant from Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi-Nueces County Local Emergency Planning Committee to purchase 150 multi-functional flashlight/radios for Shelter in Place kits which are distributed to area school classrooms, senior centers and daycare facilities. SECTION 2: That $3,000 from Flint Hills Resources 2019 Helping Heroes Program is appropriated in the LEPC Fund No. 6060. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE:November 12, 2019 TO:Peter Zanoni, City Manager FROM:Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE.. SUMMARY: This ordinance authorizes a contract in the amount of $48,345.00 with the Department of State Health Services (DSHS). The contract provides personnel costs (1 FTE), supplies and other expenses. TB contract personnel assists the TB program in preventing, controlling, and investigating TB cases within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). BACKGROUND AND FINDINGS: History:The Texas Department of State Health Services (DSHS) has awarded Federal funding to the CCNCPHD to assist in mitigatingTB in our community for over 20 years. This grant provides for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control TB within the jurisdiction of the CCNCPHD. The personnel costs are for 1 FTE, which is a medical assistant position in our TB program. The contract is effective January 1, 2020, and terminates on December 31, 2020, unless renewed, extended, or terminated pursuant to the terms and conditions of the contract. DSHS, at its sole discretion, may extend this contract for any period(s) of time, provided the contract term, including all extensions or renewals, does not exceed two years. We had 12 active cases of TB last year in Nueces County. Purpose:These TB funds provide the Health District with one medical assistant position Acceptance of the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant contract in the amount of $48,345.00 for the contract period January 1, 2020 through December 31, 2020. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 that provides outreach services targeted at identification of new and/or suspect TB cases through contact investigations and targeted testing. The medical assistant position also conducts directly observed therapy to all active TB patients daily, throughout Nueces County. The TB program consist of 5 employees, 1 city general fund, 2 county general fund and 2 grant employees. Staffing includes two nurses and 3 clerical staff. Outreach TB efforts target individuals in the Department of Corrections, homeless shelters, alcohol and drug treatment centers, and individuals seeking immigration status. ALTERNATIVES: Refuse acceptance of the grant which would reduce staffing by one and reduce current TB capacity to our community. FISCAL IMPACT: This grant funding in the amount of $48,345.00 is to provide TB prevention and control services to our community. This grant requires a cash match of 20% which is $9,669.00. DSHS has allowed the CCNCPHD to satisfy the grant match requirement by using a portion of the salary of a CCNCPHD County Public Health Nurse that is paid by Nueces County and works in the TB Clinic. Funding Detail: Fund:1066 Health Grants Organization/Activity: 830520F TB Federal Mission Element:102 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000686100012 Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal(TB/PC-FED) grant in theamount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1:The City Manager or designee and/or Director of Public Health is authorized to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control Federal (TB/PC-FED) grant from the Texas Department of State Health Services in the amount of $48,345, for the contract period of January 1, 2020, through December 31, 2020, to provide tuberculosis (TB) prevention and control services with an in-kind grant match of $9,669, provided through the salary of a registered nurse working the TB clinic and paid by Nueces County, for a total project cost of $58,014. Section 2: That the grant amount of $48,345, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3:The proposed personnel complement of 1 position is authorized for carrying out aspects of the approved grant. Section 4: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. A copy of the executed grants shall be filed in the office of the City Secretary. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 66 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000686100012 UNDER THE TUBERCULOSIS PREVENTION AND CONTROL – FEDERAL (TB/PC-FEDERAL) GRANT PROGRAM I. PURPOSE The Department of State Health Services (“DSHS”) and Corpus Christi-Nueces County Public Health District (“Grantee”), each a “Party” and collectively the “Parties,” enter into the following grant contract for the Tuberculosis Prevention and Control - Federal Grant Program (the “Contract”). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791, and Texas Health and Safety Code Chapters 12 and 1001. III. STATEMENT OF SERVICES TO BE PROVIDED Grantee shall perform services related to the Tuberculosis Prevention and Control - Federal (“TB/PC-Federal”) Program in accordance with the requirements stated in Attachment A, Statement of Work. IV. DURATION The Contract is effective on January 1, 2020, and terminates on December 31, 2020, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. DSHS, at its sole discretion, may extend this Contract for any period(s) of time, provided the Contract term, including all extensions or renewals, does not exceed two years. V. PAYMENT FOR SERVICES PERFORMED The total amount of DSHS’s share of this Contract shall not exceed $48,345.00. Grantee’s required cash match for this Contract shall not exceed $9,669.00. The total not to exceed amount of the Contract, therefore, is $58,014.00. All expenditures under this Contract will be in accordance with Attachment B, Budget. VI. CONTRACT REPRESENTATIVES The following individuals will act as the designated Representative authorized to administer activities, communications, and non-legal notices under this Contract on behalf of their respective Party. DSHS Samantha Lavoie, CTCM Grantee Annette Rodriguez 1100 West 49th Street, MC 1990 Austin, Texas 78756 Corpus Christi-Nueces County Public Health District DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 2 of 66 (512) 776-2152 samantha.lavoie@dshs.texas.gov 1702 Horne Rd. Corpus Christi, Texas 78416 (361) 826-7205 AnnetteR@cctexas.com Either Party may change its designated Contract Representative by providing written notice to the other Party. VII. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): U52PS004694 Federal Award Date: December 31, 2018 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: 93.116 – Tuberculosis Elimination and Laboratory Cooperative Agreement – Prevention & Control Awarding Official Contact Information: Shanica Alexander, (404) 718 - 3149 DUNS: 807391511 VIII. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by DSHS either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: If to DSHS: If to Grantee: Department of State Health Services Attention: Office of the General Counsel 1100 West 49th Street, MC 1911 Austin, TX 78756 Corpus Christi-Nueces County Public Health District Attention: Annette Rodriguez 1702 Horne Rd. Corpus Christi, TX 78416 Notice given by Grantee will be deemed effective when received by DSHS. Either Party may change its address for notice by written notice to the other Party. IX. REPORTING REQUIREMENTS Grantee shall satisfy all reporting requirements stated in within Article IV of Attachment A, Statement of Work. X. PRIVACY, SECURITY, AND BREACH NOTIFICATION Grantee certifies it is, and shall remain for the term of this Contract, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification in accordance with Attachment E, Data Use Agreement. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 3 of 66 SIGNATURE PAGE FOR DSHS CONTRACT NO. HHS000686100012 Department of State Health Services Corpus Christi-Nueces County Public Health District By: ________________________________ By: ________________________________ Name: ______________________________ Title: _______________________________ Date of Signature: ______________ Date of Signature: ______________ The following Attachments are hereby incorporated by reference into the Contract: Attachment A – Statement of Work Attachment B – Budget Attachment C – HHSC Uniform Terms and Conditions-Grant, Version 2.16.1 Attachment D – HHSC TB/PC Supplemental and Special Conditions Attachment E – HHS Data Use Agreement Attachment F – Non-Exclusive List of Applicable Laws Attachment G– Federal Funding Accountability Transparency Act (FFATA) Form Attachment H– Federal Assurances and Certification Attachment I – Contract Affirmations ATTACHMENTS FOLLOW DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Annette Rodriguez Health Director Page 4 of 66 Attachment A Statement of Work I. GRANTEE RESPONSIBILITIES Grantee will: A. Comply with the most current version of the Tuberculosis Work Plan located at: http://www.dshs.texas.gov/idcu/disease/tb/policies/. B. Use federal funds provided by DSHS under this Contract to support core TB control front-line activities including but not limited to: 1. Directly Observed Therapy (“DOT”); 2. Outpatient services (tuberculin skin testing, chest radiography, medical evaluation, treatment); 3. Contact Investigation; 4. Cohort Review; 5. Surveillance; 6. Reporting; 7. Data analyses; 8. Cluster investigations; and 9. Provider education. C. Provide a cash match of no less than 20% of DSHS’ share of actual expenditures up to the budgeted match amount, as reflected in Article V of the Contract Signature Document (relating to Payment for Services Provided). If the required cash match is not provided, DSHS may withhold payments, use administrative offsets, or request a refund from Grantee until such time as the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement. D. Ensure no DSHS funds or matching funds are used for: 1. Medication purchases; 2. Inpatient clinical care (hospitalization services); 3. Entertainment; 4. Furniture; 5. Equipment; and 6. Sectarian worship, instruction, or proselytization. Food and incentives are allowed using DSHS funds but are not allowed for matching funds. E. Not lapse more than 1% of the total funded amount of the Contract. F. Maintain and adjust spending plan throughout the Contract term to avoid lapsing funds. During the term of this Contract, DSHS reserves the right to decrease funding amounts because of the Grantee’s budgetary shortfalls or due to the Grantee lapsing more than 1% of total funds, or both. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 5 of 66 G. Maintain staffing levels to meet required activities of the Contract and to ensure all funds in the personnel category are expended. H. Use DSHS-designated data systems available for local entry. All collected TB information shall be entered into a designated state TB information system, including all data fields on the Report of Verified Case of Tuberculosis, TB340, any laboratory results received locally, and any additional clinical information, according to documented timelines and specifications. Data entered into DSHS data systems will be considered submitted to DSHS. I. Comply with all applicable federal and state statutes and regulations, policies and guidelines as revised. II. PERFORMANCE MEASURES DSHS will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions. If Grantee fails to meet any of the performance measures, Grantee will respond to any finding in a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the Contract regarding breach. III. INVOICE AND PAYMENT Grantee will request payment by preparing an invoice and submitting acceptable supporting documentation for reimbursement of the required services/deliverables. Invoices and supporting documentation shall be submitted to DSHS no later than 30 days after the last day of each month. A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us/grants/forms/b13form.doc. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.texas.gov & CMSinvoices@dshs.texas.gov B. Grantee will email the Financial Status Report (FSR-269A) and the Match Certification Form (B-13A) to the following: Invoices@dshs.texas.gov and TBContractReporting@dshs.texas.gov. Grantee must submit final FSR and a reimbursement or final payment request no later than 45 calendar days following the end of the Contract term. C. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 6 of 66 IV. PROGRAMMATIC REPORTING REQUIREMENTS Report Name Frequency Period Begin Period End Due Date FY20 Annual Narrative Report Annually January 1, 2020 December 31, 2020 April 1, 2021 FY21 Annual Narrative Report Annually January 1, 2021 December 31, 2021 April 1, 2022 FSR & Match Reimbursement/Certification Form (Form B-13A) Quarterly January 1, 2020 March 31, 2020 April 30, 2020 FSR & Form B-13A Quarterly April 1, 2020 June 30, 2020 July 31, 2020 FSR & Form B-13A Quarterly July 1, 2020 September 30, 2020 October 31, 2020 FSR & Form B-13A Quarterly October 1, 2020 December 31, 2020 February 15, 2021 Annual Report Submission Instructions: Submit program reports to the TB Reporting Mailbox at TBContractReporting@dshs.texas.gov. The DSHS TB Program will provide the form and format for the Annual Narrative Report. The Annual Narrative Report will be a separate report for the Grantee and must not be included with reports for the Region. Financial Status Reports: Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 Fax: (512) 458-7442 Email: invoices@dshs.texas.gov and CMSinvoices@dshs.texas.gov (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 7 of 66 Attachment B Budget Grantee: Corpus Christi-Nueces County Public Health District Program ID: TB/PC-Federal Contract Number: HHS000686100012 I. Budget Budget Categories DSHS Funds Cash Match Category Total Personnel $26,628.00 $9,669.00 $36,297.00 Fringe Benefits $9,799.00 $0.00 $9,799.00 Travel $3,042.00 $0.00 $3,042.00 Equipment $0.00 $0.00 $0.00 Supplies $4,259.00 $0.00 $4,259.00 Contractual $2,800.00 $0.00 $2,800.00 Other $1,817.00 $0.00 $1,817.00 Total Direct Costs $48,345.00 $9,669.00 $58,014.00 Indirect Costs $0.00 $0.00 $0.00 Totals: $48,345.00 $9,669.00 $58,014.00 (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 8 of 66 Attachment C DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 9 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 10 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 11 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 12 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 13 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 14 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 15 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 16 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 17 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 18 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 19 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 20 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 21 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 22 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 23 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 24 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 25 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 26 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 27 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 28 of 66 (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 29 of 66 Attachment D HHSC TB/PC Supplemental and Special Conditions Supplemental Conditions Attachment C (the “HHSC Uniform Terms and Conditions - Grants”), is hereby revised as follows: 1. Section 9.17, No Waiver of Sovereign Immunity, is deleted in its entirety and replaced with the following: Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. Similarly, nothing in the Contract will be construed as a waiver of any rights or affirmative defenses available to Grantee. Special Conditions The terms and conditions of these Special Conditions are incorporated into and made a part of the Contract. Capitalized items used in these Special Conditions and not otherwise defined have the meanings assigned to them in HHSC Uniform Terms and Conditions – Grants (Version 2.16). Section 1.01 Notice of Contract Action Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.02 Notice of Bankruptcy Grantee shall notify in writing its assigned contract manager of its plan to seek b ankruptcy protection within five days of such action by Grantee. Section 1.03 Notice of Criminal Activity and Disciplinary Actions a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 30 of 66 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. Section 1.04 Grantee’s Notification of Change of Contact Person or Key Personnel The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee’s Contact Person or Key Personnel. Section 1.05 Disaster Services In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; l. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 1.06 Consent by Non-Parent or Other State Law to Medical Care of a Minor Unless a federal law applies, before a Grantee or its contractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. Section 1.07 Telemedicine/Telepsychiatry Medical Services If Grantee or its Contractor uses telemedicine/telepsychiatry, these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee’s medical director and equipment that complies with the System Agency equipment DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 31 of 66 standards, if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Grantee’s medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system b y all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule § 448.911. Section 1.08 Services and Information for Persons with Limited English Proficiency a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client’s confidentiality and the client is advised that a free interpreter is available. Section 1.09 Third Party Payors Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Grantee shall: a. Enroll as a provider in Children’s Health Insurance Program and Medicaid if providing DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 32 of 66 approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the System Agency for the deductible; d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency; and g. Provide third party billing functions at no cost to the client. Section 1.10 HIV/AIDS Model Workplace Guidelines Grantee shall implement System Agency’s policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (“HIV/AIDS”), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas Health and Safety Code §§ 85.112-114. Section 1.11 Medical Records Retention Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. Section 1.12 Notice of a License Action Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 1.13 Interim Extension Amendment a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 33 of 66 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. Section 1.14 Electronic and Information Resources Accessibility and Security Standards a. Applicability: The following Electronic and Information Resources (“EIR”) requirements apply to the Contract because the Grantee performs services that include EIR that the System Agency's employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC’s clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions: “Accessibility Standards” means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. “Electronic and Information Resources” means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. “Electronic and Information Resources Accessibility Standards” means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. “Product” means information resources technology that is, or is related to EIR. “Web Site Accessibility Standards/ Specifications” means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 34 of 66 Under Tex. Gov’t Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, the System Agency must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring 1. The System Agency may review, test, evaluate and monitor Grantee’s Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the Grantee’s assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide the System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties 1. Grantee represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a System Agency's client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless the System Agency or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it will, in a timely manner and at no cost to the System Agency, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which the System Agency relies in awarding this Contract. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 35 of 66 4. Grantee’s representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies 1. Under Tex. Gov’t Code § 2054.465, neither the Grantee nor any other person has cause of action against the System Agency for a claim of a failure to comply with Tex. Gov’t Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Grantee’s representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which the System Agency may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which the System Agency ma y be entitled under this Contract and other applicable law. Section 1.15 Child Abuse Reporting Requirement a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency’s Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. c. Grantee shall use the System Agency's Child Abuse Reporting Form located at www.System Agency.state.tx.us/childabusereporting as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. Section 1.16 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards. Grantee certifies that it has adopted and enforces a Tobacco -Free Workplace Policy that meets or exceeds all of the following minimum standards of: a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; b) Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 36 of 66 Section 1.17 Contractor’s Property Inventory Report. Grantee shall maintain an inventory of equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on HHS System Agency’s Contractor’s Property Inventory Report to the assigned DSHS Contract Manager and DSHS Contract Oversight and Support (email address: COSequip@dshs.texas.gov) by electronic mail no later than October 15 of each year. The Grantee’s Property Inventory Report may be found at: http://www.dshs.texas.gov/contracts/forms.shtm. (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 37 of 66 Attachment E DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 38 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 39 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 40 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 41 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 42 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 43 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 44 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 45 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 46 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 47 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 48 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 49 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 50 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 51 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 52 of 66 Attachment F Non-Exclusive List of Applicable Laws Grantee is responsible for reviewing and complying with any applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Grantee, Grantee shall comply with the following: 1. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: a) Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; b) Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; c) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); d) Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; e) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; f) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; g) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; h) Tex. Labor Code Chapter 21; i) Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); j) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; k) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; l) Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; m) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and n) DSHS Policy AA-5018, Non-discrimination Policy for DSHS Programs; 2. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Law113-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; 3. Pro-Children Act of 1994, 20 USC §§ 6081-6084, and the Pro-Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; 4. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93- 348 and P.L. 103-43), regarding human subjects involved in research; 5. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; 6. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; 7. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 53 of 66 8. Texas Workers’ Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees’ injuries; 9. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; 10. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; 11. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 12. Environmental standards pursuant to the following: a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), “Protection and Enhancement of Environmental Quality;” b) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), “Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;” c) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; d) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. e) 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); f) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; g) Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; h) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-300j; i) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; j) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; k) Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and 13. Lead-Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; 14. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management’s Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; 15. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs; 16. Davis-Bacon Act, 40 USC §§ 3141-3148; 17. Copeland Act, 40 USC §§ 276c and 18 USC § 874; 18. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally-assisted construction subagreements; 19. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 54 of 66 20. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); 21. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; 22. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex.Gov. Code Chapter 554); and 23. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 55 of 66 Attachment G DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Health Director Annette Rodriguez Page 56 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 57 of 66 ATTACHEMENT H FEDERAL ASSURANCES AND LOBBING FORM DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 58 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Health Director Corpus Christi-Nueces County Public Health District Page 59 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Corpus Christi-Nueces County Public Health District Health Director Rodriguez Annette Page 60 of 66 ATTACHMENT I CONTRACT AFFIRMATIONS By entering into this Contract, Grantee affirms, without exception, as follows: 1. Grantee represents and warrants that these Contract Affirmations apply to Grantee and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Grantee represents and warrants that all statements and information provided to HHSC are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Grantee understands that HHSC will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Grantee is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Grantee represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Grantee agrees that the Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of that subchapter. 5. Grantee shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from HHSC. Any attempted assignment in violation of this provision is void and without effect. 6. Grantee accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Grantee agrees that all exceptions to the Solicitation as well as terms and conditions advanced by Grantee that differ in any manner from HHSC’s terms and conditions, if any, are rejected unless expressly accepted by HHSC in writing. 7. Grantee agrees that HHSC has the right to use, produce, and distribute copies of and to disclose to HHSC employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHSC deems necessary to complete the procurement process or comply with state or federal laws. 8. Grantee generally releases from liability and waives all claims against any party providing information about the Grantee at the request of HHSC. 9. Grantee has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 61 of 66 discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Grantee certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Grantee certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Under Section 231.006(d) of the Texas Family Code regarding child support, Grantee certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Grantee certifies that it and its 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. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Grantee’s subcontracts, if any, if payment in whole or in part is from federal funds. 14. Grantee certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control. 15. Grantee represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Grantee certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. 17. Under Section 2155.0061 of the Texas Government Code, Grantee certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 18. Grantee represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 62 of 66 19. Grantee agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Grantee represents and warrants that payments to Grantee and Grantee's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Grantee agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Grantee agrees that upon request of HHSC, Grantee shall provide copies of its most recent business continuity and disaster recovery plans. 23. Grantee expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Grantee represents and warrants to HHSC that the technology provided to HHSC for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: • providing equivalent access for effective use by both visual and non-visual means; • presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and • being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 24. If this Contract is for the purchase or lease of computer equipment, then Grantee certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 25. If this Contract is for the purchase or lease of covered television equipment, then Grantee certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 63 of 66 26. Grantee represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. 27. Grantee acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Grantee may not accept employment from Grantee before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 28. If this Contract is for consulting services under Chapter 2254 of the Texas Government Code, in accordance with Section 2254.033 of the Texas Government Code, Grantee certifies that it does not employ an individual who was employed by System Agency or another agency at any time during the two years preceding the submission of any related Solicitation Response related to this Contract or, in the alternative, Grantee has disclosed in any related Solicitation Response the following: (i) the nature of the previous employment with System Agency or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation at the time of the employment was terminated. 29. Grantee represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to HHSC under this Contract or any related Solicitation and that Grantee’s provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. 30. Grantee understands that HHSC does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or Grantees who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Grantee agrees to comply with all applicable laws, rules, regulations, and HHSC policies regarding fraud including, but not limited to, HHS Circular C-027. 31. The undersigned affirms under penalty of perjury of the laws of the State of Texas that (a) in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Grantee has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (b) in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Grantee has violated any federal antitrust law; and (c) neither I nor any representative of the Grantee has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Grantee or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Grantee. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 64 of 66 32. Grantee represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Grantee or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Grantee’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to HHSC’s consideration of entering into this Contract. If Grantee is unable to make the preceding representation and warranty, then Grantee instead represents and warrants that it has provided to HHSC a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Grantee’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to HHSC’s consideration of entering into this Contract. In addition, Grantee acknowledges this is a continuing disclosure requirement. Grantee represents and warrants that Grantee shall notify HHSC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update HHSC shall constitute breach of contract and may result in immediate contract termination. 33. Grantee certifies that for contracts for services, Grantee shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of this Contract to determine the eligibility of: (a) all persons employed by Grantee to perform duties within Texas; and (b) all persons, including subcontractors, assigned by Grantee to perform work pursuant to this Contract within the United States of America. 34. If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, Grantee represents and warrants that neither Grantee nor any of Grantee’s employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. 35. Grantee represents and warrants, during the twelve (12) month period immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those who will provide services under the Contract, was an employee of an HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Grantee will not allow any former employee of the System Agency to perform services under this Contract during the twelve (12) month period immediately following the employee’s last date of employment at the System Agency. 36. If this Contract is for consulting services, (A). In accordance with Section 2254.033 of the Texas Government Code, a Grantee providing consulting services who has been employed by, or employs an individual who has been employed by, HHSC or another State of Texas agency at any time during the two years preceding the submission of Grantee’s offer to provide services mu st disclose the following information in its offer to provide services. Grantee hereby certifies that this information was provided and remains true, correct, and complete: (1) Name of individual(s) (Respondent or employee(s)); DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 65 of 66 (2) Status; (3) The nature of the previous employment with HHSC or the other State of Texas agency; (4) The date the employment was terminated and the reason for the termination; and (5) The annual rate of compensation for the employment at the time of its termination. (B). If no information was provided in response to Section A above, Grantee certifies that neither Grantee nor any individual employed by Grantee was employed by HHSC or any other State of Texas agency at any time during the two years preceding the submission of Grantee’s offer to provide services. 37. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this Solicitation. If Respondent refuses to make that certification, Respondent shall state here any facts that make it exempt from the boycott certification: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 38. Grantee understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: (i) performs an abortion procedure that is not reimbursable under the state’s Medicaid program; (ii) is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state’s Medicaid program; or (iii) is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state’s Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Grantee represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 39. Grantee understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Grantee certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. If Grantee refuses to make that certification, Grantee shall state here any facts that make it exempt from the certification: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 40. Grantee represents and warrants that if Grantee or Subcontractors, officers, or employees of Grantee have access to any state computer system or database, the Grantee, Subcontractors, officers, and employees of Grantee shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 66 of 66 41. Grantee understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Grantee is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 42. Grantee represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 43. Grantee represents and warrants that all statements and information prepared and submitted by Grantee in this Contract and any related Solicitation Response are current, complete, true, and accurate. Grantee acknowledges any false statement or material misrepresentation made by Grantee during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Grantee understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Grantee is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 44. Grantee represents and warrants that the individual signing this Contract is authorized to sign on behalf of Grantee and to bind the Grantee. Authorized representative on behalf of Grantee must complete and sign the following: Legal Name of Grantee: _______________________________________ Signature of Authorized Representative Date Signed Printed Name and Title of Authorized Representative Phone Number Federal Employer Identification Number Fax Number DUNS Number Email Address Physical Street Address City, State, Zip Code Mailing Address, if different City, State, Zip Code DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 AnnetteR@cctexas.com DATE:November 4, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3276 CAPTION: Ordinance abandoning and vacating a 10-foot wide by approximately 703-feet in length (7,048.1 sq. ft.) existing utility easement out of Lot 2B and Lot 2C, Block 1, SWACO Tract, located at 1706 Saratoga Boulevard. (District 3) SUMMARY: The purpose of this ordinance is to close, abandon and vacate a 10-foot-wide by approximately 703-feet in length (7,048.1 sq. ft.) utility easement. The applicant plans to build walk-up storage units and a boat and RV storage building for a future self-storage business on the property. BACKGROUND AND FINDINGS: Gail Faldet (Owner) is requesting the closure of a 10-foot-wide by approximately 703- feet-long (7,048.1 sq. ft.) existing utility easement located at 1706 Saratoga Blvd. This easement closure request is submitted in order to facilitate the construction of walk-up storage units and a boat and RV storage building as part of a planned self-storage business on the property. To facilitate the construction of the walk-up units and the boat and RV storage building, the closure of the easement is required. The footprint of the proposed storage buildings will need to encroach upon the easement in order to leave enough parking lot access for the existing building and for the future boat and RV customers. The proposed building will run along the southeastern property line of the applicant’s property on top of the closed easement. The property is zoned IL and there are zero side-yard requirements with this zoning category. There are no public or franchised utilities located in the easement. All Easement Closure for 1706 Saratoga Boulevard AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 17, 2019 Second Reading Ordinance for the City Council Meeting of January 14, 2020 installed utilities are located in an easement that fronts property along Saratoga Boulevard. After contacting all public and franchised utilities, there are no objections to the easement closure and no zoning variances have been requested. The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant’s request and have the applicant build the storage buildings in such a manner that they do not encroach upon the easement. This action may impact the design and size of the planned storage buildings and may result in the project not being financially beneficial for the applicant if the easement is not closed. FISCAL IMPACT: There are no financial impacts associated with the closing of the easement. The easement has no fair market value associated with its closure. Funding Detail:N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant’s request for the easement closure. The closure of the easement will support a future local business and provide customers with additional storage choices to meet their needs. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation That the foregoing ordinance was read for the first time and passed to its second reading on this the ___ day of _____ , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the __ _ day of ____ 2020, by the following vote: Joe McComb Michael Hu nter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the ___ day of _______ , 2020. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor SAR A T O G A B L V D GREENWOOD DR HWY 286 SARAH DR LAN D S R D HACALA ST CALLE CUERNAVACA TEAMWORK TRL TRI P L E C R O W N D R DAY S E N D D R DOR A D O S T HARWICK DR KEN T U C K Y D E R B Y D R FRIO ST FM 43 HWY 286MCA R D L E R D FM 665 SH 3 5 8PORT WEBER RDOLD BROWNSVILLE RDKOSTORYZ RDGREENWOOD RDµ 0 800400Feet LOCATION MAP Date Created: 11/7/2019Prepared By: JeremyMDepartment of Development Services EASEMENTCLOSUREEASEMENT CLOSURE SWACO TRACTBLOCK 1, LOTS 2B & 2C EASEMENTCLOSURE City Council Presentation December 17, 2019 Easement Closure For 1706 Saratoga Boulevard (Lot 2B and Lot 2C, Block 1, SWACO Tract) Vicinity Map Aerial Overview 10’ x 703’ Utility Easement 1706 Saratoga Blvd Location of Future Storage Buildings Staff Recommendation Approval The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Ordinance to revise fees for Sunrise Beach Park camp sites effective February 1, 2020. SUMMARY: The purpose is to update the rental fees at Sunrise Beach Park for daily, overnight, weekly, and monthly use. The City assumed operation of the Park in January 2009, and the fees were last updated in 2011. Inflation calculations from 2011-2018 along with a comparison of fees from Lake Corpus Christi State Park, Hatch RV, Ransom RV, Naval Air Station Corpus Christi RV, On the Beach RV, Padre Balli RV, and Puerto del Sol RV parks were used to develop the revised Sunrise Beach rental fees. BACKGROUND AND FINDINGS: Sunrise Beach Park is located approximately four miles southwest of Mathis and at the north end of Wesley E. Seale Dam. The Park is 27 acres in size and has approximately one mile of shoreline on Lake Corpus Christi. Sunrise Beach Park was operated by private individuals under contract with the City of Corpus Christi Water Department until January 1, 2009, when the Water Department assumed operation of the Park. Daily, overnight, weekly, and monthly fees were established in 2009 and last updated in 2011. For the revised fees, all camp site rental fees include two occupants, with the fee for each additional occupant remaining the same ($4). Daily use fee remains the same ($10), as does the use of boat ramp fee ($10). Children aged 6 and under remain free. Summary of updated fees: Rental Current Fee New Fee Overnight (no electricity or water)$25 $30 Overnight (electricity and water provided)$30 $40 Overnight (electricity, water, and sewer provided)$35 $45 Weekly (electricity, water, and sewer provided)$150 $225 Monthly (electricity, water, and sewer provided)$400 $650 Ordinance to Revise Fees for Sunrise Beach Park Camp Sites AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 ALTERNATIVES: Maintain the current fee structure. FISCAL IMPACT: Revenues will increase or decrease depending on visitor usage and length of stay and if visitors will pay the higher fees. Assuming the current occupancy rate is maintained, the fee charges would increase revenue by approximately $9,350 per month. RECOMMENDATION: Staff recommends approval of this ordinance to revise fees for Sunrise Beach camp sites. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to revise fees for Sunrise Beach camp sites effective February 1, 2020 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, that: SECTION 1. Section 12-108 of the Corpus Christi Code of Ordinances, is amended to read as follows: Sec. 12-108. - Sunrise Beach recreation site. (a) The director of water operationsutilities, or designee, is authorized to prepare and sign standard user or rental agreements for the rental of camp sites, recreational vehicle parking spaces, and other facilities and equipment at the City's Sunrise Beach recreation site on Lake Corpus Christi. All rental agreements must be signed by the director or the director's designee under the following conditions: (1) The form of every rental agreement must be approved by the city attorney, or designee, but the city attorney, or designee, is not required to sign the approval on each document executed under this section. (2) All blanks must be filled in and the information required by the standard form doc ument must be provided. (3) Verbal arrangements to rent are not recognized under any circumstances. (4) This section, the standard form documents for the rental agreements, and rules for the operation of the Sunrise Beach recreation site constitute the whole agreement between the parties and may not be altered unless done so in writing, signed by authorized representative of both parties, and approved by the city attorney, or designee. (5) All rental agreements must provide that parties contracting for the use of city's facilities or other property hold the city harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other property and must indemnify the city in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions. (6) Rental agreements may not be assigned without the prior written authorization of the dir ector. (b) The director of water operationsutilities shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property or facilities, and the director may refuse to enter into any rental agreement until any and all amounts due the city by any applicant or organization, o r by any organization, which the applicant has represented, have been paid in full. (c) The director, or designee, may enter rented facilities for the purpose of ensuring that parties comply with the provisions of this section, the rules, or the applicable rental agreement. (d) The director shall publish rules governing the operation of the city's Sunrise Beach recreation site, which may include, but are not limited to, the length of stay; deposits required; late fees, service charges, and application fees; maintenance and repair of camp sites, recreational vehicle parking spaces, and other facilities and equipment; disposal of solid waste; use of city provided utility services; use of city provided common facilities; hours of operation of facilities; an d standards of conduct. The rules must be approved by the city attorney, or designee. (e) The director shall charge the following applicable fees for use of the facilities at the Sunrise Beach recreation site: Facility Fee Daily Use Automobile (1 or two passengers) $10.00 Additional passengers 4.00 Children (6 and under) Free Use of Boat Ramp 10.00 Overnight Primitive Tent Camping (no electricity or water) Automobile or RV (1 or two occupants) $25.00 30.00 Additional occupants 4.00 Children (6 and under) Free Overnight Camping (electricity and water provided) RV (1 or two occupants) $30.00 40.00 Additional occupants 4.00 Children (6 and under) Free Overnight Camping (full hook-up - electricity, water, and sewer provided) RV (1 or two occupants) $35.00 45.00 Additional occupants 4.00 Children (6 and under) Free Extended Stay RV sites (full hook-up - electricity, water, and sewer) Weekly site 150.00 $225.00 Monthly site 400.00 $650.00 Extended Stay Stationary Mobile Home or RV sites (partial hook-up - water and sewer/electricity individually metered) 450.00 (Ord. No. 028687, § 1, 7-20-2010; Ord. No. 029159, § 1, 7-26-2011) SECTION 2. This ordinance takes effect on February 1, 2020 after official publication. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20202. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor