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HomeMy WebLinkAboutAgenda Packet City Council - 08/18/2020City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, August 18, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Mayor Joe McComb. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Page 1 City of Corpus Christi Printed on 8/17/2020 August 18, 2020City Council Meeting Agenda - Final-revised G.MINUTES: 1.20-0991 Regular Meeting of August 11, 2020 and Budget Workshop of August 6, 2020 H.BOARD & COMMITTEE APPOINTMENTS: 2.20-0968 Arts & Cultural Commission (3 vacancies) Parks and Recreation Advisory Committee (5 vacancies) I.EXPLANATION OF COUNCIL ACTION: J.CONSENT AGENDA: (ITEMS 3 - 13) Consent - Second Reading Ordinances 3.20-0839 Zoning Case No. 0620-01, Camacho Resources, LLC (District 1). Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District. Planning Commission and Staff recommend Denial of the change of zoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District, in lieu thereof, approval of the “IL/SP” Light Industrial District with a Special Permit (SP) with conditions. (3/4 vote required to overrule the recommendation of the Planning Commission). Sponsors:Development Services 4.20-0879 Ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown Commons subdivision; setting a maximum City financial participation of 75% over 20 years and a maximum contribution of $9,000,000; and establishing a Board of Directors for the Reinvestment Zone. Sponsors:Finance & Business Analysis 5.20-0437 Ordinance authorizing an Interlocal Cooperation Agreement with Nueces County to reimburse $200,000 to the City related to the engineering design cost associated with the extension of Junior Beck Drive from Dead End to Old Brownsville Road and accepting and appropriating a Financial Assistance Award in an amount of $3,000,000 from the United States Department of Commerce-Economic Development Administration for the design and construction of Junior Beck Drive located in City Council District 3, with a City match of $750,000 with funding available through the 2018 Bond Program and amending the Capital Improvement Program Budget and appropriating grant Funds in the Street CIP Fund. Page 2 City of Corpus Christi Printed on 8/17/2020 August 18, 2020City Council Meeting Agenda - Final-revised Sponsors:Engineering Services and Public Works/Street Department 6.20-0854 Ordinance authorizing execution of all documents necessary to enter into a Consent Decree with the United States of America and State of Texas regarding improvements, operation and maintenance of the City wastewater system and appropriating $1,187,000 for civil penalty for the United States, attorney fees for the State of Texas, and City legal and consultant services related to finalizing and obtaining court approval of said decree. Sponsors:Water Utilities Department Consent - Contracts and Procurement 7.20-0649 Motion authorizing a two-year service agreement with Cintas Corporation No. 2 of Corpus Christi, Texas in an amount not to exceed $161,399.41, for uniform rentals for the Utilities Department, effective upon issuance of notice to proceed with FY2020 funding in an amount of $10,000.00 available in the Wastewater Fund and $10,300.00 available in the Water Fund. Sponsors:Utilities Department and Contracts and Procurement 8.20-0700 Motion authorizing a three-year service agreement with Neal Flanagan, dba Flanagan’s Muffler Shop No 2 in Corpus Christi, Texas, in an amount not to exceed $72,800.00, for vehicle exhaust system repairs for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $6,000.00 available in the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement Consent - Capital Projects 9.20-0110 Motion awarding a professional services contract to Plummer Associates, Inc., of Corpus Christi, Texas to design and prepare construction documents for the Broadway Wastewater Treatment Plant Rehabilitation in an amount not to exceed $926,936, located in City Council District 1, with funding available from the FY 2020 Wastewater Capital Improvement Program budget. Sponsors:Engineering Services, Utilities Department and Contracts and Procurement 10.20-0304 Motion awarding a construction contract to Jhabores Construction Company, Inc., of Corpus Christi, Texas for the rehabilitation of Holly Road from Crosstown Expressway to Greenwood Drive, located in Council District 3, with asphalt pavement rehabilitation and utility improvements in the amount of $3,349,518.32 with funding available from the 2012 and 2016 Street Bond Program and FY 2020 Stormwater, Water, and Wastewater Funds. Sponsors:Engineering Services, Public Works/Street Department and Contracts and Page 3 City of Corpus Christi Printed on 8/17/2020 August 18, 2020City Council Meeting Agenda - Final-revised Procurement 11.20-0613 Motion awarding a Master Services Agreement for Construction Claims Resolution Services to Consor Engineers, LLC, of Pharr, Texas, for one year in an amount up to $100,000 with a one-year renewal option to be administratively authorized for a total amount not to exceed $200,000, with projects located Citywide, and with funding available from the FY 2020 Utility Capital Program and Bond Program Funds. Sponsors:Engineering Services and Contracts and Procurement General Consent Items 12.20-0886 Motion authorizing the purchase of approximately 92.241 acres of farmland located on State Highway 286 south of and abutting the J.C. Elliott Transfer Station for $3,000,000 funded through reserve balances in the Solid Waste Certificates of Obligation issued in 2008, 2015, 2017, and 2018; and authorizing the City Manager or his designee to execute all documents necessary for the purchase. Sponsors:Solid Waste Operations 13.20-1022 Resolution to consider a proposed future property tax rate of $0.646264 per one hundred dollars valuation for the upcoming 2020-2021 fiscal year at the public hearing scheduled for September 8, 2020, with final approval on the property tax rate of $0.646264 set to occur on September 15, 2020. Sponsors:Finance & Business Analysis K.RECESS FOR LUNCH L.PUBLIC HEARINGS: (NONE) M.REGULAR AGENDA: N.FIRST READING ORDINANCES: (ITEM 14) 14.20-0896 Ordinance approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and the United Service Organization of South Texas (“USO”) in the amount of $250,000 for the creation and retention of jobs and improvements to the facility leased to the USO by the United States Navy, effective upon signature of the City Manager or designee; appropriating funds in the amount of $250,000 from the Type B Economic Development Fund; and amending the budget . Sponsors:Chief Financial Officer O.BRIEFINGS: (ITEM 15) 15.20-0928 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q2 2020) Page 4 City of Corpus Christi Printed on 8/17/2020 August 18, 2020City Council Meeting Agenda - Final-revised Sponsors:Corpus Christi Regional Economic Development Corporation P.EXECUTIVE SESSION: (ITEMS 16 - 18) 16.20-0996 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to sanitary sewer overflows and the City’s sanitary sewer system, water system, and/or drainage system and/or potential future litigation involving the U.S. Environmental Protection Agency, State of Texas, and/or U.S. Department of Justice and the potential approval of attorney’s fees, expert fees, and expenses for negotiations and/or litigation with the aforesaid entities. 17.20-0997 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to matters in collective bargaining agreement(s) with the Corpus Christi Professional Firefighters’ Association, pension matters involving City employees, other potential collective bargaining matters, and potential approval in open session of a collective bargaining agreement with the Corpus Christi Professional Firefighters’ Association. 18.20-1006 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a potential lease, license, interlocal agreement, and other legal documents related to the potential placement of the police academy at or near Rodd Field Road and Yorktown Blvd, and pursuant to Texas Government Code § 551.072 to discuss and deliberate the potential lease and/or value of real property to be leased, licensed, or otherwise acquired at or near the aforementioned locations. Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS R.ADJOURNMENT Page 5 City of Corpus Christi Printed on 8/17/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council Workshop Session 9:00 AM City Council ChambersThursday, August 6, 2020 Budget Workshop for Police, Animal Control, Code Enforcement & Fire Operations Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 9:03 a.m. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.B. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council were present to conduct the meeting. Note: Council Members Roland Barrera, Greg Smith and Everett Roy participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb, Council Member Roland Barrera, Council Member Rudy Garza, Council Member Paulette Guajardo, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Ben Molina, Council Member Everett Roy, and Council Member Greg Smith Present 9 - BRIEFINGS TO CITY COUNCIL:C. 1.Proposed FY 2020 - 2021 Operating Budget for Police, Animal Control, Code Enforcement & Fire Operations Mayor McComb referred to Item 1. City Manager Peter Zanoni stated that the purpose of this item is to present the FY2020-2021 proposed budgets for Police, Animal Control, Code Enforcement and Fire Operations. Fire Chief Robert Rocha presented information on the following topics regarding the Fire Department: mission statement; about the Fire Department; Fire Department Command Staff; FY2020 achievements; performance measures; services; FY2021 Fire Department proposed budget: $66.8M; FY2021 proposed budget general fund: $66.6M; FY2021 proposed budget LEPC fund: $0.2M; FY2021 proposed budget enhancement #1; FY2021 proposed budget enhancement #2; FY2021 proposed budget enhancement #3; FY2021 proposed budget enhancement #4; and FY2021 proposed capital budget projects. Council Members, City Manager Zanoni, Chief Rocha, Deputy Fire Chief Richie Quintero and Director of Management & Budget Eddie Houlihan discussed the following topics: the Fire Department did a great job adjusting to the pandemic; the Fire Department helped the community get through the Page 1City of Corpus Christi Printed on 8/10/2020 August 6, 2020City Council Workshop Session Meeting Minutes hurricane; the 2020 bond has funds available to design fire station #3; the pandemic has increased the time it takes at the scene for the medics to get their Personal Protective Equipment ready; the demand for calls has gone down; infections of the firefighters has decreased; the line item budget did not have anything set aside for grant matching; the majority of the grant matches are in-kind or already budgeted; the finance department is proposing to add a position dedicated to grant management; the City is evaluating overtime in each department; the line item budget for retirement is the same as last year with the exception of Local Emergency Planning Committee (LEPC) and COVID-19; the professional services line item includes the billing company and collections; the overtime will come down significantly once there are enough people to staff all the empty slots; the life cycle of the Self Contained Breathing Apparatus (SCBA) is ten years; the total overtime amount is $2.2 million over budget, which includes testing COVID-19 and incident management team; a lot of the overtime due to COVID-19 will be reimbursed with CARES funds; 12 of the 18 fire stations have medic units; in reference to the Texas Supplemental Payment Program (TASPP), there is no guarantee when or how much money will come in; there is money set aside for PPE this year and this is now the new norm; a good portion of the PPE is already part of the ensemble and an ample supply is available; the Fire Department has split a little over half a million grant funds with the Police Department for PPE; some of the expenses from the general fund will be moved to the grant fund for COVID related needs; there is no increase in fees for the fire prevention permits; the $700,000 transfer is from the health care fund balance and for fire purposes; a Council Member complimented the Chief and his staff for their work; and a Council Member requested a staffing plan for fire station #18. Police Chief Mike Markle presented information on the following topics regarding the Police Department: mission statement; about the Police Department; organizational chart; FY2020 achievements; performance measures; services; FY2021 Police Department proposed budget: $87.9M; FY2021 Police Department proposed budget: $71M; FY2021 proposed budget crime control: $7.6M; FY2021 proposed budget grants: $2.3M; FY2021 enhancement 1; FY2021 enhancement 2; and FY2021 proposed capital budget projects. Council Members, Chief Markle, Police Department Management Services Director Pat Eldridge, Director of Management & Budget Eddie Houlihan and City Manager Zanoni discussed the following topics: a Council Member commended the Chief for his effort to reduce overtime; MetroCom has a high turnover rate and has been affected by COVID; the parking improvement fund is for new parking meters; the $123,000 is for the crime control budget which was passed by the Crime Control Board in June; the $100,000 is a contingency reserve fund; the Police Department has not lost any current staff members due to protests; Council Members thanked the Chief and his team for their work on the budget and for adding five additional officers; and a Council Member's concern of the police officers' time expended on homelessness. Animal Care & Vector Services Program Manager Joel Skidmore presented information on the following topics related to Animal Care Services: mission statement; animal care & vector services; organizational chart; FY2020 achievements; performance measures; services; FY2021 Animal Care Services proposed budget: $3.26M; and FY2021 proposed budget general fund: $3.26M. Page 2City of Corpus Christi Printed on 8/10/2020 August 6, 2020City Council Workshop Session Meeting Minutes Council Members, Program Manager Skidmore, Director of Management & Budget Eddie Houlihan and City Manager Peter Zanoni discussed the following topics: the internal service funds refer to health care, IT, insurance costs, fuel, worker's comp, fleet, etc.; the purpose of the FY2020 estimated increase for the number of citations issued is to educate the public through enforcement rather than warnings; the clinical supplies are going up because the Animal Care Service does not know how much care the animal will need; professional services cover contracts for an emergency veterinarian; the Animal Care Service only euthanizes animals that are court ordered, extremely sick or a danger to the public; and a Council Member commended Joel Skidmore for his good work. Assistant Police Chief David Blackmon presented information on the following topics related to Code Enforcement: mission statement; about Code Enforcement; organizational chart; FY2020 achievements; performance measures; services; FY2021 Code Enforcement proposed budget: $2.7M; FY2021 proposed general fund budget: $2.1M; FY2021 proposed CDBG budget: $642,790; and FY2021 enhancement 1. Council Members, Assistant Chief Blackmon and Code Compliance Program Manager Liza Lopez discussed the following topics: 23 Code Enforcement officers is an adequate amount for the City; and the Code Enforcement Department works hard to educate the public about violations. City Manager Zanoni provided Council with the dates of the remaining City Council budget workshops and budget-related community meetings. ADJOURNMENTD. This meeting was adjourned at 11:17 a.m. Page 3City of Corpus Christi Printed on 8/10/2020 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, August 11, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:31 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Rudy Garza, Roland Barrera and Greg Smith participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Page 1City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary’s instructions, which shall be posted on the City Secretary’s door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. E. Mayor McComb referred to comments from the public. The following citizens submitted written public comments which are attached to the minutes: Richard David Williams; Christopher Pedersen; D. Flores; Keith Kurth; Gregory Vitola, 1725 Amber Dr.; Mark Crider; James Klein, 3501 Monterrey St.; Sylvia Campos, 4410 Fir St.; Julie Rogers, 710 Furman Ave.; Tom Krepel, 2618 Windhollow Dr.; Margaret Soucy, 4513 Lamont St.; and Chrissy Torres. The following citizens called in: Nueces County Judge Barbara Canales, 901 Leopard St.; Tom Krepel, 2618 Windhollow Dr.; Isabel Araiza, 326 Poenisch; Brittany Garcia, 3214 Brawner Pkwy.; Eli McKay, 1008 Marguerite St.; James Klein, 3501 Monterrey St.; Sylvia Campos; Robin Carstensen, 449 Claremore St.; Melissa Zamora, 3917 Brawner Pkwy.; Eduardo Canales, 7021 Bevington Dr.; Errol Summerlin, 1017 Diomede Dr., Portland, TX; and Barney Farley, 410 East White Ave. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: increased street sweeping throughout the City; the sweeping schedule will be posted on the City's website; street closure on Leopard St. due to an interchange; the City crew helped clean up the U.S.S. Lexington after Hurricane Hanna; budget committee input meetings Page 2City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes schedule; budget workshops; and the City is working with Nueces County Judge Barbara Canales to identify CARES Act funding. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID 19 and flu season: Flu and COVID-19 similar symptoms; Nueces County surveillance; testing for COVID-19 and flu; overview of COVID-19 statistics; Nueces County vital records July 2020; U.S. deaths from coronavirus by age group; COVID-19 deaths report at state level; steps to stay healthy; back to school immunization drive thru clinics; and public health future COVID-19 plans: tiered approach. Council Members and Director Rodriguez discussed the following topics: a Council Member requested a copy of the presentation; and advanced age is a comorbidity. MINUTES:G. 1.Regular Meeting of July 28, 2020 A motion was made by Council Member Guajardo, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BOARD & COMMITTEE APPOINTMENTS:H. 2.Construction Trade Advisory & Appeals Board Mayor McComb referred to Item 2. Construction Trade Advisory & Appeals Board HVAC Contractor Council Member Molina made a motion to appoint Mike L. Wanzer, seconded by Council Member Barrera and passed unanimously. Master Electrician Council Member Guajardo made a motion to appoint Paul S. Cervantes, seconded by Council Member Barrera and passed unanimously. HVAC Technician Council Member Roy made a motion to appoint Jared Merdes, seconded by Council Member Molina and passed unanimously. General Contractor Council Member Hernandez nominated Garry Camp. Council Member Molina Page 3City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes made a motion to appoint Garry Camp, seconded by Council Member Roy and passed unanimously. Engineer Council Member Hernandez made a motion to appoint Ramiro Munoz III, seconded by Council Member Guajardo and passed unanimously. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 3 - 15)J. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 6, 11 and 15 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Guajardo, seconded by Council Member Hernandez to approve the Consent Agenda with the exception of Items 6, 11 and 15. The consent agenda was approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.One-Reading Ordinance calling for a special election for Infrastructure Bond 2020 Program to be on November 3, 2020 in the City of Corpus Christi for the authorization of bond issuances for the City by ad valorem taxes totaling $75 million without a property tax rate increase to fund 42 projects under the following propositions: Streets ($61 million), Parks ($12 million), and Public Safety ($2 million). This Ordinance was passed. Enactment No: 032175 Consent - Second Reading Ordinances 4.Ordinance ordering a general election to be held on November 3, 2020, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 15, 2020; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Page 4City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes This Ordinance was passed on second reading on the consent agenda. Enactment No: 032176 5.Ordinance authorizing acceptance and appropriation of a grant for $7,234,755 in Community Development Block Grant Disaster Recovery (“CDBG-DR”) funding from the Texas General Land Office to construct the Airport Tributary Detention Pond project; authorizing acceptance and appropriation of a sub-grant award of $163,244 from the Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program for the La Volla Creek Drainage Improvement Phase I project; appropriating an additional $8,636,006 as City matching funds from the Stormwater Capital Improvements Program ($7,600,000 for the CDBG-DR grant and $1,036,006 for the TDEM sub-grant); amending the budget; and designating authorized signatories for contractual and financial documents pertaining to the CDBG-DR Grant Contract No. 20-065-133-C445. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032177 Consent - Contracts and Procurement 6.Motion authorizing a six-month service agreement with PlayCore Wisconsin, Inc. dba GameTime for a total amount not to exceed $247,145.94 for the purchase and installation of 14 shade structures at various parks located throughout the City, with funding in an amount of $247,145.94 available through the FY 2020 Community Enrichment Fund. Mayor McComb referred to Item 6. Council Members, Interim Director of Parks and Recreation Tracey Cantu, Assistant Director of Operations Joe Johnson and City Manager Peter Zanoni discussed the following topics: the shade structures are made of canvas; the shade structures are being installed at the 14 parks that were approved by Council; the amount of utilization at the parks needs to be considered; a Council Member's concern of having the shade structures taken down during high winds to prevent damage; if there is no playground equipment, then there is no usage of the park; and a Council Member's request to get input from the neighborhood and the community to make sure that the higher usage parks are being chosen for upgrades. Council Member Molina made a motion to approve the motion, seconded by Council Member Guajardo. This motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Page 5City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes Abstained:0 Enactment No: M2020-131 7.Motion authorizing a three-year service agreement for fire extinguisher inspection, annual maintenance services, and the purchase of replacement fire extinguishers and parts with IFS Fire and Safety Inc., for a total amount of $58,807.90, for field use by Gas Operations’ employees, effective upon issuance of notice to proceed with FY 2020 funding available through the Gas Fund in the amount of $3,267.11 . This Motion was passed on the consent agenda. Enactment No: M2020-132 8.Motion authorizing the lease-purchase of three replacement freightliner vehicles: one 2021 Freightliner M2-112 TRA heavy crew truck and two 2020 Freightliners M2-106 SRA 6-8 cubic yard dump trucks from Houston Freightliner, Inc., in an amount of $370,161.05, for Gas Operations, effective upon issuance of letter of acceptance with FY 2020 funding available through the Gas Fund in the amount of $12,338.70. This Motion was passed on the consent agenda. Enactment No: M2020-133 9.Motion authorizing the lease-purchase of two F550 crew cab trucks from Silsbee Ford, Inc., in an amount of $141,642.79, one truck will be an addition to the fleet and the other truck will be a replacement for Gas Operations, effective upon issuance of letter of acceptance with FY 2020 funding available through the Gas Fund in the amount of $4,721.43. This Motion was passed on the consent agenda. Enactment No: M2020-134 10.Motion authorizing the lease-purchase of one 2021 Western Star 4700SF dump truck from Lonestar Freightliner Group, LLC, in an amount of $175,918.42, for Gas Operations as a replacement unit, effective upon issuance of letter of acceptance with FY 2020 funding available through the Gas Fund in the amount of $5,863.95. This Motion was passed on the consent agenda. Enactment No: M2020-135 11.Motion authorizing a three-year service agreement with Synergy Sweeping Services, LLC of Corpus Christi, Texas in an amount not to exceed $2,307,576.00 to perform street sweeping services throughout the City with funding in an amount of $128,198.67 available through the FY 2020 Storm Water Fund. Page 6City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes Mayor McComb referred to Item 11. A Council Member, Director of Public Works/Street Operations Richard Martinez and City Manager Peter Zanoni discussed the following topics: the contractor will meet the requirements for scraping at the unit price; team members monitor the contractor to be sure they are doing their job; and if the contractor does not comply with the contract then the City will terminate the contract. Council Member Molina made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-136 12.Motion authorizing a purchase of one 2020 Hyster H90FT lift truck forklift from Briggs Equipment, in an amount of $60,053.12, as a replacement unit for in-house use by the Asset Management Department, effective upon issuance of letter of acceptance with funding available through the FY 2020 Fleet Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2020-137 General Consent Items 13.Resolution authorizing the submission of a grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $157,601; and authorizing an Interlocal Agreement with Nueces County for the distribution of JAG Program funds in an amount of $78,800 to Nueces County should the grant be awarded and the remaining $78,801 to be used by the City. This Resolution was passed on the consent agenda. Enactment No: 032178 14.Resolution authorizing an Interlocal Cooperation Agreement with Nueces County for reconstruction and annexation of County Road 33. This Resolution was passed on the consent agenda. Enactment No: 032179 15.Resolution to create and enter the Harbor Bridge Right-of-Way Coalition Page 7City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes to be made up of three representatives of the City of Corpus Christi, three representatives of Nueces County, three representatives of the Port of Corpus Christi Authority, one representative of the Downtown Management District, and one representative of the Metropolitan Planning Organization. Mayor McComb referred to Item 15. Council Members and City Manager Peter Zanoni discussed the following topics: three City staff members will be appointed; Planning Director Dan McGinn is being considered for appointment; and a Council Member recommended that Public Works Richard Martinez be appointed. Council Member Molina made a motion to approve the resolution, seconded by Council Member Guajardo. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032180 RECESS FOR LUNCHK. The recess for lunch was held during Executive Session Items 21 and 22. PUBLIC HEARINGS: (ITEMS 16 - 17)L. 16.Zoning Case No. 0620-01, Camacho Resources, LLC (District 1). Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District. Planning Commission and Staff recommend Denial of the change of zoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District, in lieu thereof, approval of the “IL/SP” Light Industrial District with a Special Permit (SP) with conditions. (3/4 vote required to overrule the recommendation of the Planning Commission). Mayor McComb referred to Item 16. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and planning commission and staff recommend denial of "IH" Heavy Industrial District in lieu thereof, approval of "IL/SP" Light Industrial District with a Special Permit. Council Members and Director Raymond discussed the following topics: the property owner is in agreement with the Special Permit; and a Council Member concurs with staff's recommendation. Mayor McComb opened the public hearing. There were no written comments Page 8City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes submitted from the public. Mayor McComb closed the public hearing. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Roy 8 - Abstained:Council Member Smith1 - 17.Ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown Commons subdivision; setting a maximum City financial participation of 75% over 20 years and a maximum contribution of $9,000,000; and establishing a Board of Directors for the Reinvestment Zone. Mayor McComb referred to Item 17. Director of Finance and Business Analysis Heather Hurlbert presented information on the following topics: tax increment zone; TIRZ mechanism; proposed TIRZ boundary; project overview; project aerial view; project master plan; TIRZ parameters; TIRZ details; project cost and timeline;TIRZ buildout; TIRZ estimated value; and next steps. Council Members, City Manager Peter Zanoni, Director Hurlbert, Director of Engineering Services Jeff Edmonds, and Director of Planning/ESI Dan McGinn discussed the following topics: if the developer and the City cannot come to an agreement, then the TIRZ can be dissolved; a Council Member's concern regarding the commercial development and the City's risk; the base value is with the agricultural exemption value; the contribution of tax increment would be about $60,000 into the TIRZ; the maintenance dollars for the park will come out of the TIRZ; this TIRZ will not go towards improvement on Holly Road; if the contractor does not proceed with the work, then the City is protected in that the project will not be eligible for reimbursement until it is completed and accepted by the City; the dollar amount is capped at $9 million; this would be one of the largest projects that the City has done in terms of density; townhomes are scarce in the community and so are a bonus for this project; public density is the best way to enhance this area; the idea behind the park is to create public density; a Council Member's personal experience with living in a townhome; the money generated by the TIRZ goes to reimbursement for the infrastructure; the importance for construction to begin within the first 24 months; a Council Member's concern that the commercial piece is critical to the City; and the developer has an agreement with IBC Bank to provide financing. Mayor McComb opened the public hearing. There were no comments from the public. Page 9City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:Council Member Hernandez1 - REGULAR AGENDA: (ITEM 18)M. 18.Resolution determining that the proposed citizen-initiated “Petition for Charter Amendment related to the Prohibition of the Use, Acquisition and Sale of Desalinated Water” failed to comply with Texas Local Government Code § 9.004 because it was not signed by at least 5% of the qualified voters of the City of Corpus Christi, Texas. Mayor McComb referred to Item 18. City Secretary Rebecca Huerta read the Texas Local Government Code requirements for the proposed citizen-initiated petition; and stated the petition did not meet the requirements. A Council Member, City Secretary Huerta and City Attorney Miles Risley discussed the following topics: citizens submitted public comments about getting more signatures on the petition; this petition cannot be supplemented and there is no deadline to file; the signatures have not been verified due to the lack of signatures submitted on the petition; the minimum signature is 7,625, so the verification process did not proceed; and the governing body drafts the ballot language, but the charter amendment language has to be provided by the petitioner. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032181 FIRST READING ORDINANCES: (ITEMS 19 - 20)N. 19.Ordinance authorizing an Interlocal Cooperation Agreement with Nueces County to reimburse $200,000 to the City related to the engineering design cost associated with the extension of Junior Beck Drive from Dead End to Old Brownsville Road and accepting and appropriating a Page 10City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes Financial Assistance Award in an amount of $3,000,000 from the United States Department of Commerce-Economic Development Administration for the design and construction of Junior Beck Drive located in City Council District 3, with a City match of $750,000 with funding available through the 2018 Bond Program and amending the Capital Improvement Program Budget and appropriating grant Funds in the Street CIP Fund. Mayor McComb referred to Item 19. Director of Engineering Services Jeff Edmonds gave an update on the status of this 2018 bond project to rebuild the existing portion of Junior Beck Drive. Council Members and Director Edmonds discussed the following topics: this project is still in the early design phase and will be bundled into a single construction package; this project should be under construction by next year; the department has not decided yet whether this road will be asphalt or concrete; and a Council Member thanked the staff for their work on this project. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 20.Ordinance authorizing execution of all documents necessary to enter into a Consent Decree with the United States of America and State of Texas regarding improvements, operation and maintenance of the City wastewater system and appropriating $1,187,000 for civil penalty for the United States, attorney fees for the State of Texas, and City legal and consultant services related to finalizing and obtaining court approval of said decree. Mayor McComb referred to Item 20. Director of Water Utilities Kevin Norton presented information on the following topics: summary; consent decree key takeaways; estimated wastewater rate increase chart; and staff's recommendation. Council Members, City Attorney Miles Risley and Director Norton discussed the following topics: the residential wastewater rates will increase about $11 per month; a Council Member's request for a copy of the numbers from the rate model; the victory of this is that the City does not have to replace one of the water treatment facilities; and the main victory is having 15 years to do these improvements versus 10 years. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and Page 11City of Corpus Christi Printed on 8/14/2020 August 11, 2020City Council Meeting Minutes approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BRIEFINGS: NONEO. EXECUTIVE SESSION: (ITEMS 21 - 22)P. 21.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to sanitary sewer overflows and the City’s sanitary sewer system, water system, and/or drainage system and/or potential future litigation involving the U.S. Environmental Protection Agency, State of Texas, and/or U.S. Department of Justice and the potential approval of attorney’s fees, expert fees, and expenses for negotiations and/or litigation with the aforesaid entities. This E-Session Item was discussed in executive session. 22.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to matters in collective bargaining agreement(s) with the Corpus Christi Professional Firefighters’ Association, pension matters involving City employees, other potential collective bargaining matters, and potential approval in open session of a collective bargaining agreement with the Corpus Christi Professional Firefighters’ Association. This E-Session Item was discussed in executive session. IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ. Mayor McComb referred to Future Agenda Items. City Manager Peter Zanoni announced that the Virtual Public Input Sessions for District 2 will be held on August 12, 2020 and the next budget workshop will be held on August 13, 2020. ADJOURNMENTR. This meeting was adjourned at 3:32 p.m. Page 12City of Corpus Christi Printed on 8/14/2020 Duties Composition Member size Term length Term Limit 9 3 years 6 years Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Sarah E Coles District 2 1 12/8/2015 9/1/2020 Mayor with Council Confirmation Chair Resigned Youth/Education Carolyn M Mauck District 4 1 12/19/2017 9/1/2020 Mayor with Council Confirmation Seeking reappointment Higher Education 2/2 meetings 100% Nicholas P Gignac District 4 1 12/19/2017 9/1/2020 Mayor with Council Confirmation Seeking reappointment Architecture 2/2 meetings 100% Dr Abu N M Waheeduzzaman District 5 1 2/26/2019 9/1/2021 Mayor with Council Confirmation Active Economic Dev./ Tourism Wallace W Echols jr District 4 Partial 7/16/2019 9/1/2021 Mayor with Council Confirmation Active Marketing Dr. Laura A Petican District 4 2 9/2/2018 9/1/2021 Mayor with Council Confirmation Chair Active Visual Arts ARTS & CULTURAL COMMISSION *Three (3) vacancies with terms to 9-1-23, representing the following preferred but not required categories: 1 - Youth/Education, 1 - Higher Education and 1 - Architecture. (Mayoral appointment subject to confirmation by Council). The Arts & Cultural Commission recommends the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of buildings, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for future activities and uses. Nine (9) members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. Membership in one or more of the following categories is preferred but not required: Marketing representative, Economic Development/Tourism representative, Public Space/Public Art representative, Youth/Education representative, Performing Arts representative, Visual Arts representative, Architecture representative, Higher Education representative, and Business Development Groups/Corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. 8-18-2020 Name District Term Appt. date End date Appointing Authority Position Status Category Attendance James Moore District 5 1 8/27/2019 9/1/2022 Mayor with Council Confirmation Active Performing Arts Sharon Sedwick District 5 2 8/27/2019 9/1/2022 Mayor with Council Confirmation Active Business Dev. Groups/Corporate Rep. Jody Perkes Hughes District 2 1 8/27/2019 9/1/2022 Mayor with Council Confirmation Active Public Art/ Public Space 8-18-2020 Name District Category Samuel Alcorta Jr.District 5 Youth / Education, Performing Arts Nicholas Colosi District 4 Higher Education, Performing Arts Coretta Graham District 3 Economic Development / Tourism, Business Development Groups / Corporate Rep. Mark J Marquez II District 5 Visual Arts, Economic Development / Tourism, Marketing, Performing Arts Sara Sells Morgan District 4 Visual Arts, Public Art / Public Space Twyla Oliva District 3 Youth / Education, Higher Education Melissa Rios District 1 Youth / Education, Performing Arts Simone Sanders District 3 Youth / Education, Higher Education, Economic Development / Tourism Neal R. VanZante District 5 Higher Education, Business Development Groups / Corporate Rep. James E. Vargas District 4 Performing Arts Jim A. Willden District 3 Visual Arts, Public Art / Public Space, Marketing ARTS & CULTURAL COMMISSION Applicants Duties Composition Member size Term length Term limit 11 2 6 Name District Term Appt. date End date Appointing Authority Position Status Attendance Amy H McCoy District 4 1 8/16/2016 8/23/2020 City Council Seeking reappointment 5/7 meetings 72% Twila Stevens District 4 1 8/21/2018 8/23/2020 City Council Seeking reappointment 7/7 meetings 100% Bobby Broderick District 1 1 8/21/2018 8/23/2020 City Council Resigned Dotson Lewis Jr.District 4 3 8/12/2014 8/23/2020 City Council Chair Has met the six-year service limitation Jerry Plemons District 5 3 8/12/2014 8/23/2020 City Council Has met the six-year service limitation Mandy Cox District 4 2 8/8/2017 8/23/2021 City Council Active Florence D East District 4 2 8/8/2017 8/23/2021 City Council Active Hannah Husby District 2 2 8/21/2018 8/23/2021 City Council Active Casandra L Lorentson District 5 2 8/21/2018 8/23/2021 City Council Active Alissa Mejia District 4 2 8/24/2019 8/23/2021 City Council Active Howard L Schauer District 3 1 4/24/2019 8/23/2021 City Council Active Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. *Five (5) vacancies with terms to 8-23-22. PARKS AND RECREATION ADVISORY COMMITTEE 8-18-2020 Name District Clay Carpenter District 4 Constance Culbertson District 5 Lawrence Heatley District 5 Misty R Kesterson District 4 William H Mills District 2 Luis G Reyes SR District 5 Diego C Solis District 2 PARKS AND RECREATION ADVISORY COMMITTEE Applicants DATE: June 30, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0620-01, Camacho Resources, LLC (District 1). Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District. SUMMARY: The purpose of the zoning request is to allow for the extraction of sand and dirt material and conduct concrete recycling. BACKGROUND AND FINDINGS: The subject property is 80.86 acres in size. The subject property is currently zoned “IL” Light Industrial District and “RMH” Manufactured Home District and consists of vacant land and an existing resource extraction site approved by Special Permit for constructed in 2015. Conformity to City Policy The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a light industrial use. The proposed rezoning to the “IH” Heavy Industrial is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the existing business is operating under a Special Permit and has not demonstrated a negative impact to surrounding uses with performance standards in place. Public Input Process Number of Notices Mailed 32 within 200-foot notification area 6 outside notification area As of June 19, 2020: In Favor 5 inside notification area 1 outside notification area In Opposition 4 inside notification area 0 outside notification area Rezoning a property at or near 7585 Leopard Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 08/11/20 Second Reading Ordinance for the City Council Meeting 08/18/20 Totaling 2.24% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended denial of the change of zoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District, in lieu thereof, approval of the “IL/SP” Light Industrial District with a Special Permit (SP) with conditions on June 24, 2020. ALTERNATIVES: 1. Approval of the change of zoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District. (3/4 vote required to overrule the recommendation of the Planning Commission). FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request but supports the Planning Commission June 24 approval of “IL/SP” Light Industrial District with a Special Permit (SP)” with the following conditions:  Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the “IL” Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations and a concrete recycling facility.  Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications.  Hours of Operation: Hours of operation shall be limited to the hours between 6:00 A.M. and 6:00 P.M.  Restoration: The site shall be restored to condition previous to the excavation use upon expiration of the Special Permit.  Time Limit: The Special Permit will expire in one year from the date of the approved ordinance unless an excavation permit application has been applied for. Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in ten years unless a time extension is approved by the City Council or upon termination of the excavation permit. Planning Commission recommended denial of the change of zoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial 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. 0620-01, Camacho Resources, LLC (District 1). Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being an 80.863 acre tract comprised of Tract 1, 4.00 acres described in deed recorded in Document No. 2014038168, Deed Records of Nueces County, Texas, Tract 2, 15.00 acres described in a deed recorded in Document No. 2013050881, Deed Records of Nueces County, Texas, Tract 3, 20.00 acres described in a deed recorded in Document No. 2012013727, Deed Records of Nueces County, Texas, Tract 4, 15.85 acres described in a deed recorded in Document No. 2013050881, Deed Records of Nueces County, Texas, and Tract S, 25.00 acres described in a deed recorded in Document No. 2014035087, Deed Records of Nueces County, Texas as shown in Exhibit “A”: from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District. The subject property is located at or near 7585 Leopard Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. Page 2 of 6 SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. 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 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 6 Exhibit A Page 5 of 6 Page 6 of 6 Zoning Case No. 0620-01, Camacho Resources, LLC (District 1). Ordinance rezoning property at or near 7585 Leopard Street from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IL/SP” Light Industrial District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being an 80.863 acre tract comprised of Tract 1, 4.00 acres described in deed recorded in Document No. 2014038168, Deed Records of Nueces County, Texas, Tract 2, 15.00 acres described in a deed recorded in Document No. 2013050881, Deed Records of Nueces County, Texas, Tract 3, 20.00 acres described in a deed recorded in Document No. 2012013727, Deed Records of Nueces County, Texas, Tract 4, 15.85 acres described in a deed recorded in Document No. 2013050881, Deed Records of Nueces County, Texas, and Tract S, 25.00 acres described in a deed recorded in Document No. 2014035087, Deed Records of Nueces County, Texas as shown in Exhibit “A”: from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IL/SP” Light Industrial with a Special Permit. The subject property is located at or near 7585 Leopard Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. Page 2 of 6 SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the “IL” Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations and a concrete recycling facility. 2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3. Hours of Operation: Hours of operation shall be limited to the hours between 6:00 A.M. and 6:00 P.M. 4. Restoration: The site shall be restored to condition previous to the excavation use upon expiration of the Special Permit. 5. Time Limit: The Special Permit will expire in one year from the date of the approved ordinance unless an excavation permit application has been applied for. Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in ten years unless a time extension is approved by the City Council or upon termination of the excavation permit. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 6 Exhibit A Page 5 of 6 Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0620-01 INFOR No. 20ZN1012 Planning Commission Hearing Date: June 24, 2020 Applicant & Legal Description Owner: Camacho Resources, LLC Applicant: Camacho Resources, LLC Location Address: 7585 Leopard Street Legal Description: Being an 80.863 acre tract comprised of Tract 1, 4.00 acres described in deed recorded in Document No. 2014038168, Deed Records of Nueces County, Texas, Tract 2, 15.00 acres described in a deed recorded in Document No. 2013050881, Deed Records of Nueces County, Texas, Tract 3, 20.00 acres described in a deed recorded in Document No. 2012013727, Deed Records of Nueces County, Texas, Tract 4, 15.85 acres described in a deed recorded in Document No. 2013050881, Deed Records of Nueces County, Texas, and Tract S, 25.00 acres described in a deed recorded in Document No. 2014035087, Deed Records of Nueces County, Texas, located along the south side of Leopard Street, east of Rhew Road, and west of Cathead Road. Zoning Request From: “IL” Light Industrial District and “RMH” Manufactured Home District To: “IH” Heavy Industrial District Area: 80.863 acres Purpose of Request: To allow for the extraction of sand and dirt material and conduct concrete recycling. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “IL” Light Industrial and “RMH” Manufactured Home Vacant Light Industrial North “IL” Light Industrial Public/Semi-Public and Light Industrial Light Industrial South “IL” Light Industrial Vacant Light Industrial East “IL” Light Industrial Vacant and Light Industrial Light Industrial West “IL” Light Industrial Vacant and Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a light industrial use. The proposed rezoning to the “IH” Heavy Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the existing business is operating under a Special Permit and has not demonstrated a negative impact to surrounding uses. Map No.: 055046 City Council District: 1 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Leopard Street which is designated as a “A2” Secondary Arterial Street, approximately 225 feet of street frontage along Sedwick Road which is designated as a “A1” Minor Arterial Street, and 900 feet of street frontage along Rhew Road which is designated as a “C3” Primary Collector Street. According to the Urban Transportation Plan, “A2” Secondary Arterial Streets can convey a capacity between 20,000 to 32,500 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leopard Street “A2” Secondary Arterial 100’ ROW 54’ paved 152’ ROW 85’ paved 8,411 ADT (2014) Rhew Road “C3” Primary Collector 75’ ROW 50’ paved 68’ ROW 44’ paved N/A Sedwick Road “A1” Minor Arterial 95’ ROW 64’ paved 60’ ROW 26’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District to allow for the extraction of sand and dirt material and to conduct concrete recycling. Development Plan: The subject property is 80.863 acres in size. The applicant has not submitted any specific plans. However, the existing Special Permit has allowed for the operations of extracting of sand and dirt materials since 2015. Existing Land Uses & Zoning: The subject property is currently zoned “IL” Light Industrial District and “RMH” Manufactured Home District and consists of vacant land and an existing resource extraction site approved by Special Permit in 2015. The property was annexed in 1962. To the north across Leopard Street are vacant properties zoned “IL” Light Industrial District. To the south are vacant properties zoned “IL” Light Industrial District. To the east and west are industrial businesses zoned “IL” Light Industrial 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 unplatted. Utilities: Water: 8-inch ACP line located along Leopard Street. Wastewater: 10-inch PVC line located along Rhew Road. Gas: Not Available. Storm Water: 15-inch line running to Leopard Street. Staff Report Page 3 Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan and is planned for a light industrial use. The proposed rezoning to the “IH” Heavy Industrial is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the existing business is operating under a Special Permit and has not demonstrated a negative impact to surrounding uses with performance standards in place. 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). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the existing business is operating under a Special Permit and has not demonstrated a negative impact to surrounding uses with the special permit's performance standards in effect. • The original application for a Special Permit was for the continued use of the property as a resource extraction use, specifically the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. Additionally, a concrete batching plat was operating on-site. • Allowing the proposed heavy industrial use by Special Permit is appropriate at this location given the industrial zoning and uses of the surrounding area and the planned industrial uses in the Future Land Use Plan. However, the granting of the “IH” Heavy Industrial District would not be appropriate as the district allows additional uses by- right that are incompatible with surrounding uses. • The application is consistent with the Special Permit review criteria set forth in the Unified Development Code Section 3.6.3 B. • Permits from the Texas Commission on Environmental Quality (TCEQ) will ensure operations are conducted in an environmentally sound manner. Corpus Christi International Airport operations are protected through the Special Permit conditions addressing dust. • The use of the land permitted through a Special Permit can be subject to a time limit to allow future review of the use and to ensure its compatibility with the neighborhood. • The applicant plans to continue operations as deemed by the Special Permit for the purpose of site restoration, as per the conditions of the original Special Permit. Planning Commission and Staff Recommendation (June 24, 2020): Denial of the change of zoning from the “IL” Light Industrial District and “RMH” Manufactured Home District to the “IH” Heavy Industrial District, in lieu thereof, approval of the “IL/SP” Light Industrial District with a Special Permit (SP) with the following conditions. 1. Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the “IL” Industrial District, is resource extraction as described Staff Report Page 4 herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations and a concrete recycling facility. 2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3. Hours of Operation: Hours of operation shall be limited to the hours between 6:00 A.M. and 6:00 P.M. 4. Restoration: The site shall be restored to condition previous to the excavation use upon expiration of the Special Permit. 5. Time Limit: The Special Permit will expire in one year from the date of the approved ordinance unless an excavation permit application has been applied for. Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in ten years unless a time extension is approved by the City Council or upon termination of the excavation permit. Public Notification Number of Notices Mailed – 32 within 200-foot notification area 6 outside notification area As of June 19, 2020: In Favor – 5 inside notification area – 1 outside notification area In Opposition – 4 inside notification area – 0 outside notification area Totaling 2.24% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0620-01 Camacho Resources, LLC/Council Documents/Report - Camacho Resources, LLC.docx Staff Report Page 5 Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 Staff Report Page 9 Staff Report Page 10 Staff Report Page 11 Staff Report Page 12 Staff Report Page 13 Staff Report Page 14 Camacho Resources, LLC Rezoning for a Property at 7585 Leopard Street From “IL” and “RMH” To “IH” Zoning Case #0620-03 N City Council August 11, 2020 2 Aerial Overview 3 Zoning Pattern 4 Staff Recommendation Denial of the “IH” Heavy Industrial District In lieu thereof, Approval of the “IL/SP” Light Industrial District with a Special Permit 5 SP Conditions 1.Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the “IL” Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations and a concrete recycling facility. 2.Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3.Hours of Operation: Hours of operation shall be limited to the hours between 6:00 A.M. and 6:00 P.M. 4.Restoration: The site shall be restored to condition previous to the excavation use upon expiration of the Special Permit. 5.Time Limit: The Special Permit will expire in one year from the date of the approved ordinance unless an excavation permit application has been applied for. Applicable permits shall be applied for within one year of approval of the Special Permit or the Special Permit shall expire in accordance with the UDC. Discontinuance of the use for a period of six (6) months shall cause the Special Permit to expire. The Special Permit shall expire in ten years unless a time extension is approved by the City Council or upon termination of the excavation permit. 6 Public Notification 32 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 4 (2.24%) In Favor: 5 XXXX TM ISD-In Favor OOOOO 7 UDC Requirements Buffer Yards: IH to IL: Type A: 10-feet & 5-points Setbacks: Street: 20 feet Side & Rear: 0 feet Parking: 1:700 GFA (Office) 1:2,500 GFA (Indoor Storage) Landscaping, Screening, and Lighting Standards Uses Allowed: Uses Allowed: Offices, Medical, Restaurants, Retail, Light Industrial, and Social Service. 8 Utilities Water: 8-inch ACP Wastewater: 10-inch PVC Gas: N/A Storm Water: 15-inch line DATE: July 31, 2020 TO: Peter Zanoni, City Manager THROUGH: Steven Viera, Assistant City Manager Constance P. Sanchez, CFO FROM: Heather Hurlbert, Director of Finance and Business Analysis heatherh3@cctexas.com (361) 826-3227 CAPTION: Ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown Commons subdivision; setting a maximum City financial participation of 75% over 20 years and a maximum contribution of $9,000,000; and establishing a Board of Directors for the Reinvestment Zone. SUMMARY: Per Tax Code 311.011(e), this Ordinance and public hearing will designate the reinvestment zone for tax increment financing purposes and create the Board of Directors for the reinvestment zone. Staff has prepared a preliminary reinvestment zone project and financing plan, a copy of which is attached to and incorporated into this ordinance as Exhibit C. BACKGROUND: On July 14, 2020, a presentation was made to the City Council that provided an overview of the developer-petitioned Tax Increment Reinvestment Zone (TIRZ) (Ch 311 Tax Code) for developer reimbursement of street, sewer, stormwater and water infrastructure and development and subsequent maintenance of a 10-acre park. The proposed development will have 999 multi-family units, 777 townhomes, and 450,000 sq./ft of commercial space. The proposed 258.9-acre development is located on the southwest corner of South Padre Island Drive (SPID) and Crosstown Expressway and is currently used primarily for agricultural purposes. The reimbursement of the infrastructure costs will be from 75% of the ad valorem taxes (excluding the City’s 2+2+2 residential street tax) generated by the increment above the base value of $825,943 for the 258.9 acres. The TIRZ will exist until the infrastructure costs are reimbursed in an amount not to exceed $17,000,000 to the developer or a maximum of 20 years, whichever is less. In addition to the City, Nueces County and Del Mar College are being asked to participate in the Ordinance designating a Reinvestment Zone Number Five on the southwest corner of South Padre Island Drive and Crosstown Expressway AGENDA MEMORANDUM Public Hearing & First Reading Ordinance City Council Meeting August 11, 2020 Reinvestment Zone. The Developer will be meeting with these entities and if they decide to participate, the City will enter into an interlocal agreement with each entity. Board Appointments: As per the Tax Increment Financing Act, Chapter 311, of Texas Tax Code ("Act"), the Board members for TIRZ #5 will consist of:  One representative appointed by each participating taxing entity other than the City  A member of the State Senate and a member of the State House of Representatives in whose district the zone is located or their designee  Up to five landowners, or their agent, as appointed by City Council All members appointed by the Board must meet eligibility requirements as set forth in the Act. ALTERNATIVES: N/A FISCAL IMPACT: The fiscal impact of the recommended SPID & Crosstown TIRZ would be as follows:  An estimated $320 million of commercial and residential development in land that is currently used for agricultural purposes  Reimbursements to the developer for street, sewer, stormwater and water infrastructure and development and subsequent maintenance of a 10-acre park from the City’s ad valorem taxes generated from the increment above the current base value;  20 years of participation at 75% of the ad valorem taxes generated from the increment above the current base value excluding the City’s 2+2+2 residential street tax  The reimbursement to the developer will not exceed $17,000,000 and the City’s contribution to the TIRZ will not exceed $9,000,000. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Recommend approval of the creation of the Reinvestment Zone Number Five. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits TIRZ #5 Buildout Schedule TIRZ #5 Increment Summary Ordinance designating 258.9 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Five, City Of Corpus Christi, Texas" pursuant to petition by owners of Crosstown Commons subdivision; setting a maximum City financial participation of 75% over 20 years and a maximum contribution of $9,000,000; and establishing a Board of Directors for the Reinvestment Zone. WHEREAS, the Texas Legislature has authorized cities to establish reinvestment zones by its enactment of the Tax Increment Financing Act, Chapter 311, Texas Tax Code ("Act"); WHEREAS, the owner of the Crosstown Commons subdivision has petitioned the City of Corpus Christi (”City”) to establish a reinvestment zone ("Zone"), as authorized by section 311.005(a)(4) of the Act, within the area of the City as described in Exhibit "A," and depicted by map in Exhibit "B," which exhibits are attached to and incorporated into this ordinance; and the City has determined that the petition complies with all requirements of the Act; WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, a true and correct copy of which is attached to and incorporated into this ordinance as Exhibit "C," and has taken and shall take all other actions required under Section 311.003 of the Act; WHEREAS, the preliminary reinvestment zone financing plan provides that the ad valorem taxes of the City constituting its tax increment are to be deposited into the Tax Increment Fund created by this ordinance, and that ad valorem taxes of any other taxing units constituting their respective tax increments may also be utilized for the purposes described in the preliminary financing plan; WHEREAS, in compliance with the Act, the City called a public hearing to hear public comment on the creation of the proposed zone and its benefits to the City and the property in the proposed zone; WHEREAS, in compliance with the Act, notice of the public hearing was published in the Corpus Christi Caller-Times, a daily newspaper having general circulation in the City, the publication date being not later than seven days prior to the date of the public hearing; WHEREAS, the hearing was convened at the time and place mentioned in the published notice, to-wit, on August 11, 2020, at the Regular Meeting of the City Council commencing at 11:30 a.m., at the City Hall of the City, which hearing was conducted , in accordance with the Texas Open Meetings Act and emergency procedures related to the COVID-19 pandemic that were approved by the Governor of the State of Texas, and then closed; WHEREAS, the City, at the hearing, invited and permitted any interested person to speak for or against the creation of the zone, its boundaries, and the concept of tax increment financing; WHEREAS, all owners of property located within the proposed zone were given a reasonable opportunity to protest the inclusion of the property in the proposed zone; WHEREAS, City Council considered all information provided to it relevant to the merits of creating the zone, consistent with the criteria in Chapter 311; and WHEREAS, all requirements of the Act have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. FINDINGS. The City Council, after conducting the above-described public hearing and having heard all evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: (a) That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. (b) That the Zone is a contiguous geographic area located wholly within the corporate limits of the City. (c) That the proposed zone meets the criteria and requirements of Texas Tax Code §311.005 because the Zone is an area described in a petition requesting that the area be designated as a reinvestment zone by the owners of property constituting at least 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. (d) That the total appraised value of taxable real property in the proposed reinvestment zone and in existing reinvestment zones within the City according to the most recent appraisal rolls for the City, does not exceed 25 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City. (e) That the improvements to be implemented in the proposed zone will significantly enhance the value of all taxable real property in the proposed zone and will be of general benefit to the City. (f) The development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 2. DESIGNATION AND NAME OF THE ZONE. The City Council designates as a reinvestment zone the area described by the metes and bounds in Exhibit "A" and depicted by map in Exhibit "B" to promote development and redevelopment of the area, which development or redevelopment the City Council determines will not occur solely through private investment in the reasonably foreseeable future. The reinvestment zone shall be identified as Reinvestment Zone Number Five, City of Corpus Christi, Texas" ("Zone" or "Reinvestment Zone"). The Zone shall be informally referred to as TIRZ #5 (BoCo). SECTION 3. BOARD OF DIRECTORS. That a Board of Directors for the Zone (the "Board") is established, which consists of up to 9 members. The Board shall be appointed as follows: (a) Under Section 311.009(b), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone . Each governing body may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within thirty days of receiving written notice of its right to appoint. (b) The member of the state senate in whose district the zone is located is a member of the board, and the member of the state house of representatives in whose district the zone is located is a member of the board, except that either may designate another individual to serve in the member's place at the pleasure of the member. (c) The remaining members of the Board are appointed by the City Council of the City. All members appointed by the Board must meet eligibility requirements, as set forth in the Act. (d) Terms of Board members, except for the members of the state senate and state house of representatives, are two years. Officers must be appointed as provided in the Act. (e) The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit the plans to the City Council for its approval under Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. SECTION 4. DURATION OF THE ZONE. The Zone shall take effect immediately upon the passage of this Ordinance. Termination of the Zone occurs on December 31, 2040, at an earlier or later time designated by subsequent ordinance of the City Council, at the time as all project costs, and all tax increment bonds and interest on any bonds, have been paid in full, or at the time that the total amount of increment collected from all participating tax entities reaches the maximum increment collection of $17,000,000. SECTION 5. TAX INCREMENT BASE. That the Tax Increment Base of the City or any other taxing unit participating in the Zone is the total appraised value of all real property taxable by the City or other taxing unit participating in the Zone and lo cated in the Zone, determined as of January 1, 2020, the year in which the Zone is designated as a reinvestment zone (the "Tax Increment Base"), is shown in Exhibit "D", which is attached to and incorporated into this ordinance. SECTION 6. TAX INCREMENT FUND. There is created and established a Tax Increment Fund for the Zone, which may be divided into the accounts and subaccounts, as deemed necessary or convenient under generally accepted accounting principles for government, into which all tax increments, less any amounts not required to be paid into the Tax Increment Fund under the Act, are to be deposited. The Tax Increment Fund may be utilized only for purposes permitted by the Act and managed under the Act. SECTION 7. CITY’S PLEDGED INCREMENT. The City pledges to contribute to the Tax Increment Fund 75% of the increment on all taxable real property in the Zone for the duration of the Zone, except as provided in this Section. The pledged increment does not include any tax collected in accordance with Article VIII, Section 1(c) of the City’s City Charter (commonly referred to as the 2+2+2 residential street tax). The pledged increment also does not include any look-back taxes collected in accordance with Texas Tax Code §23.55 related to the change of use of the open-space land. The City’s total contribution will not exceed $9,000,000. SECTION 8. IMPLEMENT THE PROJECT PLAN. The City Council finds that the creation of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund, which are necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone, constitute a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 9. SEVERABILITY. 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 of this ordinance be given full force and effect for its p urpose. SECTION 10. PUBLICATION. 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote : Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor EXHIBIT A DESCRIPTION OF TIRZ #5 BOUNDARY The Boundary of Reinvestment Zone Number 5, City of Corpus Christi, Texas, encompasses the property described by the metes and bounds attached here to as Exhibit A-1 and Exhibit A-2, save and except any portion of that property that is included in Nueces County Appraisal District geographic ID 0847-0004-0040, described as BOHEMIAN COLONY LANDS 2.271 ACS OUT LT 1 BLK 1, and included in the filed deed number 2016054337 dated December 21, 2016. The Boundary will also include that portion of the right-of-way known as Holly Road that is adjacent to and connects the property described by the attached metes and bounds as shown in the map attached to this ordinance as Exhibit B. EXHIBIT B MAP OR TIRZ #5 BOUNDARY EXHIBIT C PRELIMINARY PROJECT AND FINANCING PLAN Tax Increment Reinvestment Zone #5 - BoCo Preliminary Project & Financing Plan July 31, 2020 Prepared by TXP, Inc. 1310 South 1st Street, Suite 105 Austin, Texas 78704 (512) 328-8300 phone www.txp.com City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 Table of Contents Section 1 – Introduction ............................................................................................................. 3 Purpose of a Tax Increment Reinvestment Zone .................................................................... 3 Section 2 – Project Plan .............................................................................................................. 5 Criteria for Zone Creation ....................................................................................................... 6 Existing Tax Increment Financing Districts in the City of Corpus Christi ................................. 6 Description of the Tax Increment Reinvestment Zone #5 ...................................................... 7 Existing Zoning and Land Use Guidelines Applicable to TIRZ #5 ............................................. 9 Taxing Jurisdictions Applicable to TIRZ ................................................................................... 9 Proposed Changes in Master Plans, Zoning Ordinances, and Building Codes ........................ 9 Relocation of Displaced Persons ............................................................................................. 9 Section 3 – Project Plan Improvements .................................................................................. 10 Eligible Project Costs ............................................................................................................. 10 Section 4 – Finance Plan ........................................................................................................... 13 Compliance & Reporting ....................................................................................................... 13 Method of Financing Project Costs ....................................................................................... 13 Estimated Time when Related Costs or Monetary Obligations Incurred ............................. 13 Estimated Amount of Bonded Indebtedness ........................................................................ 13 Public Sector Entities Participating in TIRZ #5....................................................................... 13 Financial Forecast Assumptions ............................................................................................ 13 Financial Forecast Summary Results ..................................................................................... 15 Conclusion ................................................................................................................................ 18 Appendix – Boundary Description of TIRZ #5 Parcels ............................................................. 19 Legal Disclaimer ........................................................................................................................ 20 City of Corpus Christi, Texas – BoCo Tax Increment Reinvestment Zone| May 2020 List of Figures Figure 1: How the Tax Increment is Calculated .......................................................................... 3 Figure 2: BoCo Master Plan ......................................................................................................... 5 Figure 3: Ayers Tract Development Plan ..................................................................................... 5 Figure 4: BoCo TIRZ Geographic Boundary ................................................................................. 8 Figure 5: Existing Land Use within the BoCo TIRZ ....................................................................... 8 Figure 6: Location of Public Improvements and Infrastructure within the BoCo TIRZ ............. 12 List of Tables Table 1: Existing TIRZ in Corpus Christi ....................................................................................... 7 Table 2: Existing Land Use of Proposed TIRZ #5 (2020) .............................................................. 7 Table 3: BoCo Development Project Eligible Type Costs for Reimbursement .......................... 11 Table 4: Summary of Eligible Type TIRZ #5 Project Costs ......................................................... 12 Table 5: Taxing Jurisdictions Participating TIRZ #5 ................................................................... 13 Table 6: Preliminary BoCo Buildout Schedule........................................................................... 15 Table 7: Preliminary TIRZ #5 Taxable Property Value Per Year ................................................ 16 Table 8: Preliminary TIRZ #5 Taxable Property Value Forecast @ 75% Contribution .............. 17 3 Section 1 – Introduction The City of Corpus Christi, based on the landowner’s request and petition, is proposing to create a Tax Increment Reinvestment Zone (hereafter referred to as “TIRZ #5”) over a portion of 258.9 acres located near the intersection of South Padre Island Drive and the Crosstown Expressway. The proposed new zone would be named Reinvestment Zone Number 5, City of Corpus Christi, Texas and referred to as TIRZ #5 - BoCo. The landowner of the property is South Padre Investment Inc. The landowner is requesting the City of Corpus Christi, Nueces County, and the Del Mar College District participate in the tax increment reinvestment zone to help fund public improvements to be located within the development. The duration of the zone is projected to be 20 years, with the TIRZ in existence through 2040. Purpose of a Tax Increment Reinvestment Zone A tax increment reinvestment zone (“TIRZ”) is a tool that local governments can use to finance needed improvements and infrastructure within a defined geographic area. These improvements usually are undertaken to promote the viability of existing businesses and to attract new commercial enterprises. The cost of eligible improvements is repaid by the contribution of future tax revenues by each ta xing unit that levies taxes against the property. The additional incremental tax revenue that is received from the affected properties is referred to as the tax increment Figure 1: How the Tax Increment is Calculated Each taxing unit can choose to dedicate all, a portion, or none of the tax revenue that is attributable to the increase in property values due to the improvements within TIRZ. 4 Each taxing unit determines what percentage of its tax increment, if any, it will commit to repayment of the cost of financing the public improvements. This preliminary feasibility study and project plan is required by state law. This document is designed to meet the legal requirements of designating a TIRZ. The statutes governing tax increment financing are located in Chapter 311 of the State of Texas Tax Code. To assist Corpus Christi and the other taxing entities in understanding the overall financing plan, TXP has included preliminary revenue projections assuming other entities participate in the TIRZ. TXP, Inc. was retained by South Padre Investment Inc. to assist in developing this Preliminary Project & Financing Plan. 5 Section 2 – Project Plan The purpose of TIRZ #5 is to finance the construction of public facilities and infrastructure necessary to catalyze residential and commercial development within the zone boundaries. Expenditures associated with the design and construction of public infrastructure, as well as other specific project related costs, will be funded by tax increment revenues derived from increases in property values following new residential and commercial development. The Project will be a master planned development that will include the construction of public infrastructure to support the development of 777 townhomes, 999 multifamily units, and 450,000 square feet of commercial space. The commercial space will be located as follows: 275,000 square feet within the BoCo master planned community and 175,000 square feet on the Ayers tract. The public infrastructure and capital costs associated with the development will be financed with private capital. It is the intent of the Developer to enter into an agreement with TIRZ #5 to receive reimbursement for investments made in the public facilities from revenues generated by TIRZ #5. Figure 2: BoCo Master Plan Figure 3: Ayers Tract Development Plan 6 Criteria for Zone Creation The area within the zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, inadequate sidewalks and street layout. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. In addition, the landowner is requesting that the area be designated as a reinvestment zone. These conditions meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation. Existing Tax Increment Financing Districts in the City of Corpus Christi There are three existing TIRZs in Corpus Christi. According to state law, cities with more than 100,000 residents may not create a new TIRZ if the total appraised value of taxable real property in the proposed reinvestment zone and in the existing reinvestment zones would exceed 25.0 percent of the total appraised value of taxable real property within the city and its industrial districts. In addition, a TIRZ may not be created if more than 30.0 percent of the property in the proposed new TIRZ (excluding publicly-owned property) is used for residential purposes at the time of designation. The proposed TIRZ #5 complies with these state rules. 7 Table 1: Existing TIRZs in Corpus Christi Land Use Value Data Source City of Corpus Christi – Real Property $25,258,276,745 2019 Assessed Value 2019 Certified Totals Report NCAD TIF #2 - Padre Island $573,503,809 2019 City of Corpus Christi TIF #3 - Downtown $735,558,739 2019 Assessed Value 2019 Certified Totals Report NCAD TIF #4 - North Beach $104,512,349 2019 Assessed Value TIRZ Project Plan and Financing Plan Proposed TIF #5 - BoCo $825,943 2020 Preliminary Assessed Value NCAD Website Total TIRZ $1,415,677,439 TIRZ as % of Corpus Christi Total 5.6% Total $841,550,192 Source: Nueces County Appraisal District Description of the Tax Increment Reinvestment Zone #5 The proposed TIRZ #5 will cover approximately 258.9 acres (including roads and right of way). The 2020 baseline assessed property value of the TIRZ is approximately $0.8 million. Table 2: Existing Land Use of Proposed TIRZ #5 (2020) Land Use Acreag e City of Corpus Christi Assessed Value Qualified Open-Space Land 244.5 $527,312 Rural Land, Non-Qualified Open Space Land 2.4 $232,284 Commercial 0.4 $66,347 Public Right of Way* 11.6 $0 Total 258.9 $825,943 Source: Nueces County Appraisal District * The majority of this property is publicly owned right of way (ROW) along Holly Road 8 Figure 4: BoCo TIRZ Geographic Boundary Source: Nueces County Appraisal District Figure 5: Existing Land Use within the BoCo TIRZ Source: Nueces County Appraisal District 9 Existing Zoning and Land Use Guidelines Applicable to TIRZ #5 Existing City of Corpus Christi land use, zoning guidelines, and policies would apply to all properties within the city limits. Taxing Jurisdictions Applicable to TIRZ The proposed TIRZ #5 is located within the following taxing jurisdictions:  City of Corpus Christi  Nueces County  Del Mar College  Nueces County Hospital District  Corpus Christi Independent School District  Farm to Market Road District Proposed Changes in Master Plans, Zoning Ordinances, and Building Codes There are no anticipated changes to the master development and zoning ordinances. Relocation of Displaced Persons This plan currently does not call for nor anticipate the displacement and relocation of persons for the proposed projects. 10 Section 3 – Project Plan Improvements TIRZ #5 will provide support for catalytic infrastructure and economic development projects that will facilitate the development of properties within zone. In addition, to public utility infrastructure, the Developer is seeking reimbursement for building a 10- acre park within the zone. Eligible Project Costs 1. Parks & Streetscape Enhancements This category includes gateway features, linear parks, corridor landscaping, public plazas, etc. 2. Infrastructure Improvements This category includes water, sanitary sewer and storm water improvements, roadway and street intersection enhancements, public transportation, relocation of aboveground utilities, public sidewalks, etc. 3. Economic Development Grants It is anticipated that economic development loans or grants might be made to assist in creating the tax base that facilitates implementing the project plan. The City, with advisement from the TIRZ Board shall have the authority to establish and administer economic development programs, including but not limited to grants and loans, authorized under Chapter 380 of the Texas Local Government Code. Should such loans or grants be made, it will be done with the intent to fulfill the public purposes of developing and diversifying the economy, eliminating unemployment or underemployment, and developing or expanding transportation, business, and commercial activity in the TIRZ. 4. Non-Project Costs It is not possible to quantify other non-project costs at this time, other than to say that they are anticipated. However, these costs should not exceed TIRZ #5 revenue less other costs delineated in the project plan. Consultants, engineers, surveyors, and other costs incurred not related to the other categories and other unforeseen costs are included in this category. 5. Administration & Implementation Administration costs, including reasonable charges for time spent by City of Corpus Christi employees, will be eligible for reimbursement as project costs. In addition, this category includes City costs associated with creating the TIRZ. 11 Table 3: BoCo Development Project Eligible Type Costs for Reimbursement Phase Quantity Unit Price Estimated Cost Existing Silverberry Drive to Greenwood Drive Roadway Improvements (Paving, Curbs & Sidewalk) 2,100 $225 $472,500 Minor Drainage Extensions & Utility Stubouts 2,100 $75 $157,500 15% Contingency & Design $94,500 Total $724,500 Future Coastal Crosstown Drive Roadway Improvements 1,700 $430 $731,000 Drainage Addition off Existing Line 1 $60,000 $60,000 Sanitary Sewer 500 $100 $50,000 Water Line & Hydrants 1,700 $50 $85,000 Lift Station Rehabilitation 1 $200,000 $200,000 15% Contingency & Design $168,900 Total $1,294,900 Main East/West Access Drive Greenwood to Roundabout Roadway Improvements 2,400 $430 $1,032,000 Drainage 2,400 $250 $600,000 Sanitary Sewer 2,400 $100 $240,000 15% Contingency & Design 2,400 $50 $120,000 Total $298,800 $2,290,800 Main North/South Access Drive to Holly Road Roadway Improvements 2,600 $500 $1,300,000 Drainage 2,600 $250 $650,000 Sanitary Sewer 2,600 $100 $260,000 Water Line and Hydrants 2,600 $50 $130,000 15% Contingency & Design $351,000 Total $2,691,000 Roundabout to S.H. 286 Access Road Roadway Improvements 1500 $430 $645,000 Drainage 1500 $250 $375,000 Sanitary Sewer 1500 $100 $150,000 Water Line and Hydrants 1500 $50 $75,000 15% Contingency & Design $186,750 Total $1,431,750 Roundabout Quantity Roadway 450 500 $225,000 15% Contingency & Design $33,750 Total $258,750 Estimated Total Cost $8,691,700 Source: South Padre Investment Inc. 12 Figure 6: Location of Public Improvements and Infrastructure within the BoCo TIRZ Source: South Padre Investment Inc. Table 4: Summary of Eligible Type TIRZ #5 Project Costs Phase Cost Existing Silverberry Drive to Greenwood Drive $724,500 Future Coastal Crosstown Drive $1,294,900 Main East/West Access Drive Greenwood to Roundabout $2,290,800 Main North/South Access Drive to Holly Road $2,691,000 Roundabout to S.H. 286 Access Road $1,431,750 Roundabout $258,750 Park Development Cost and Maintenance $3,100,000 Administration Costs $2,000,000 Total Cost $13,691,700 Source: South Padre Investment Inc. 13 Section 4 – Finance Plan Tax increment financing is a tool used by local governments to publicly finance needed infrastructure and other improvements within a defined area. These improvements are usually undertaken to promote the viability of existing businesses and to attract new commercial enterprises to the area. The statutes governing tax increment financing are located in Chapter 311 of the State of Texas Tax Code. Compliance & Reporting The TIRZ #5 Board policies would comply with all federal, state, and local laws, rules and regulations. The TIRZ Board will submit project status reports and financial reports as required by state law. Method of Financing Project Costs All project costs will be paid through the contribution of incremental property taxes collections by participating taxing jurisdictions. Estimated Time when Related Costs or Monetary Obligations Incurred The TIRZ will be cash funded. Reimbursements under any agreements with developers will be made as funds become available. Estimated Amount of Bonded Indebtedness It is anticipated that financial transactions by the TIRZ are to be on a cash only basis and to the extent only that funds are available. However, if the resources become available to issue debt, the TIRZ #5 Board may recommend to the Corpus Christi City Council that it is appropriate to issue TIRZ debt if the Tax Increment Fund can make such payments. The TIRZ is under no obligation to issue any notes or debt Public Sector Entities Participating in TIRZ #5 All project costs will be paid through the contribution of incremental property taxes collections. This preliminary plan assumes that the Corpus Christi and other taxing entities contribute a portion of their total tax rate (M&O and I&S) ad valorem tax rate for 20 years. Table 5: Taxing Jurisdictions Participating TIRZ #5 Entity Property Tax Rate per $100 (2019) City of Corpus Christi $0.646264 Nueces County $0.307689 Del Mar College District $0.280665 Source: Nueces County Appraisal District Financial Forecast Assumptions  TIRZ Duration – TXP has assumed the TIRZ will have a 20-year lifespan. 14  TIRZ Allocation – TXP has assumed the City of Corpus Christi and other taxing entities will contribute 75% of their total incremental tax collections.  Tax Rate – While tax rates do change over time, the 2019 tax rates were held constant for the duration of the TIRZ.  Baseline Value – The 2020 baseline property value of the TIRZ is approximately $0.8 million but varies slightly by taxing jurisdiction based on exemptions offered.  Real Property – Only taxable real property values are included in the tax increment calculations. By law, business personal property values are excluded from TIRZ.  Inflation & Appreciation Rate – The inflation rate used for construction costs and the value of improvements is 2.5 percent per year.  Net Present Value – The net present values of the tax increment were calculated at a discount rate of 5.0 percent.  Future Development Patters – To provide an order of magnitude estimate, TXP phased in new construction based on the BoCo master plan development timeline. 15 Financial Forecast Summary Results The following table depicts the anticipated revenue generated over 20 years. The revenue forecast assumes the TIRZ is established in 2020 (baseline year). The first TIRZ increment will occur in 2021 (total 2021 value less 2020 baseline value). Note, 2021 taxes are not due until January 2022. Table 6: Preliminary BoCo Buildout Schedule Apartment Units Townhome Units Commercial SF Year Perio d New Per Year Cumulative New Per Year Cumulative Crosstown Commons Ayers 2020 0 0 0 0 0 0 0 2021 1 0 0 0 0 0 0 2022 2 0 0 48 48 0 60,000 2023 3 111 111 53 101 0 60,000 2024 4 111 222 58 159 137,500 60,000 2025 5 111 333 64 223 137,500 120,000 2026 6 111 444 70 293 137,500 120,000 2027 7 185 629 77 370 137,500 120,000 2028 8 185 814 85 455 137,500 180,000 2029 9 185 999 94 549 275,000 180,000 2030 10 0 999 103 652 275,000 180,000 2031 11 0 999 125 777 275,000 180,000 2032 12 0 999 0 777 275,000 180,000 2033 13 0 999 0 777 275,000 180,000 2034 14 0 999 0 777 275,000 180,000 2035 15 0 999 0 777 275,000 180,000 2036 16 0 999 0 777 275,000 180,000 2037 17 0 999 0 777 275,000 180,000 2038 18 0 999 0 777 275,000 180,000 2039 19 0 999 0 777 275,000 180,000 2040 20 0 999 0 777 275,000 180,000 Source: South Padre Investment Inc., TXP, Inc. 16 Table 7: Preliminary TIRZ #5 Taxable Property Value Per Year Apartment Units Townhome Units Commercial Year Perio d Tax Value Per Unit Cumulative Tax Value Per Unit Cumulative Tax Value Per SF Total Retail Total Taxable Value 2020 0 $38,250 $0 $153,15 3 $0 $85 $0 $0 2021 1 $39,206 $0 $156,98 2 $0 $87 $0 $0 2022 2 $40,186 $0 $160,90 7 $7,723,514 $89 $5,358,188 $13,081,701 2023 3 $41,191 $4,572,208 $164,92 9 $16,657,849 $92 $5,492,142 $26,722,199 2024 4 $42,221 $9,373,027 $169,05 2 $26,879,336 $94 $18,530,259 $54,782,622 2025 5 $43,276 $14,411,029 $173,27 9 $38,641,158 $96 $24,763,697 $77,815,884 2026 6 $44,358 $19,695,073 $177,61 1 $52,039,936 $99 $25,382,790 $97,117,799 2027 7 $45,467 $28,598,888 $182,05 1 $67,358,859 $101 $26,017,359 $121,975,107 2028 8 $46,604 $37,935,583 $186,60 2 $84,904,022 $104 $32,881,648 $155,721,253 2029 9 $47,769 $47,721,240 $191,26 7 $105,005,74 9 $106 $48,299,775 $201,026,764 2030 10 $48,963 $48,914,271 $196,04 9 $127,823,93 8 $109 $49,507,270 $226,245,478 2031 11 $50,187 $50,137,127 $200,95 0 $156,138,31 2 $112 $50,744,951 $257,020,391 2032 12 $51,442 $51,390,556 $205,97 4 $160,041,77 0 $114 $52,013,575 $263,445,901 2033 13 $52,728 $52,675,319 $211,12 3 $164,042,81 4 $117 $53,313,915 $270,032,048 2034 14 $54,046 $53,992,202 $216,40 1 $168,143,88 5 $120 $54,646,763 $276,782,850 2035 15 $55,397 $55,342,007 $221,81 1 $172,347,48 2 $123 $56,012,932 $283,702,421 2036 16 $56,782 $56,725,558 $227,35 7 $176,656,16 9 $126 $57,413,255 $290,794,981 2037 17 $58,202 $58,143,697 $233,04 1 $181,072,57 3 $129 $58,848,586 $298,064,856 2038 18 $59,657 $59,597,289 $238,86 7 $185,599,38 7 $133 $60,319,801 $305,516,477 2039 19 $61,148 $61,087,221 $244,83 8 $190,239,37 2 $136 $61,827,796 $313,154,389 2040 20 $62,677 $62,614,402 $250,95 9 $194,995,35 6 $139 $63,373,491 $320,983,249 Source: South Padre Investment Inc., TXP, Inc. 17 Table 8: Preliminary TIRZ #5 Taxable Property Value Forecast @ 75% Contribution Year Perio d City of Corpus Christi Nueces County Del Mar College District Total Tax Rate 0.646264 0.307689 0.280665 TIRZ Allocation 75% 75% 75% 2020 0 $0 $0 $0 $0 2021 1 $0 $0 $0 $0 2022 2 $63,407 $30,188 $27,537 $121,132 2023 3 $129,522 $61,666 $56,250 $247,438 2024 4 $265,530 $126,420 $115,317 $507,267 2025 5 $377,172 $179,573 $163,801 $720,547 2026 6 $470,728 $224,116 $204,432 $899,275 2027 7 $591,211 $281,478 $256,756 $1,129,445 2028 8 $754,778 $359,353 $327,791 $1,441,922 2029 9 $974,373 $463,903 $423,159 $1,861,434 2030 10 $1,096,607 $522,099 $476,244 $2,094,951 2031 11 $1,245,773 $593,118 $541,025 $2,379,915 2032 12 $1,276,917 $607,946 $554,550 $2,439,413 2033 13 $1,308,840 $623,144 $568,414 $2,500,398 2034 14 $1,341,561 $638,723 $582,624 $2,562,908 2035 15 $1,375,100 $654,691 $597,190 $2,626,981 2036 16 $1,409,477 $671,058 $612,120 $2,692,655 2037 17 $1,444,714 $687,835 $627,423 $2,759,972 2038 18 $1,480,832 $705,030 $643,108 $2,828,971 2039 19 $1,517,853 $722,656 $659,186 $2,899,695 2040 20 $1,555,799 $740,723 $675,666 $2,972,188 Total $18,680,195 $8,893,719 $8,112,593 $35,686,507 NPV @ 5% $9,350,370 $4,451,751 $4,060,758 $17,862,879 Source: South Padre Investment Inc., TXP, Inc. 18 Conclusion Based on the preliminary development concepts and activity zones within this area, anticipated tax revenue, and market demand projections, TIRZ #5 is economically and financially feasible. The TIRZ could generate significant revenue to pay for infrastructure and redevelopment costs. Over the next 20 years, the TIRZ could generate $3 5.7 million in nominal TIRZ revenue. Using a 5.0 percent discount rate, the anticipated TIRZ could generate $17.9 million. These projections are based on the best available datasets and information related to market conditions in the region. Given the high visibility of this area, for example, the substantial commitment of a few large developers could have a significantly positive impact on both the level and timing of future growth. Moreover, the financial projections make no allowance for positive spillover to the value of other properties in area as a result of new development (beyond inflation), which easily could occur. At the same time, a slowdown in development as a result of a weaker national economy, negative changes in key drivers of regional economy, or other unforeseen issues could materially reduce the volume of construction put in place, and resulting tax revenue, over the next 20 years. 19 Appendix – Boundary Description of TIRZ #5 Parcels The following parcels comprise TIRZ #5 plus the public right of way along Holly Road between Greenwood Drive and Ayers Street. Table 9: Parcels Included in TIRZ #5 Property ID Property Owner 200076939 SOUTH PADRE INVESTMENT INC 573080 SOUTH PADRE INVESTMENT INC 197819 SOUTH PADRE INVESTMENT INC 197816 SOUTH PADRE INVESTMENT INC 258830 SOUTH PADRE INVESTMENT INC 546588 SOUTH PADRE INVESTMENT INC Source: Nueces County Appraisal District 20 Legal Disclaimer TXP, Inc. (TXP) reserves the right to make changes, corrections, and/or improvements at any time and without notice. In addition, TXP disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies. TXP disclaims any liability due to errors, omissions, or discrepancies made by third parties whose material TXP relied on in good faith to produce the report. Any statements involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that such opinions or estimates will be realized. The informat ion and expressions of opinion contained herein are subject to change without notice, and shall not, under any circumstances, create any implications that there has been no change or updates. EXHIBIT D BASE YEAR TAXABLE APPRAISED VALUES NCAD GEO ID PROPERTY DESCRIPTION LOCATION ACS APPRAISED VALUE 0847-0004-0053 BOHEMIAN COLONY LANDS 144.452 ACS OUT OF LTS 5 & 6 SEC 4 GREENWOOD DR @ HOLLY RD 144.45 $60,670.00 4398-0009-0010 LEXINGTON CENTER 9.73 ACS OUT LT 1 BLK 9 (W OF ROW) 5333 AYERS ST 9.73 $168,342.00 0847-0004-0034 BOHEMIAN COLONY LANDS 62.51 ACS OUT LTS 3 & 4 SEC 4 (W OF ROW CROSSTOWN EXTENSION @ HOLLY RD 62.51 $26,254.00 0847-0004-0039 BOHEMIAN COLONY LANDS 2.37 ACS OUT LTS 3 & 4 SEC 4 (W OF ROW) 2.37 $232,284.00 0847-0004-0038 BOHEMIAN COLONY LANDS 29.4423 ACS OUT LTS 3 & 4 SEC 4 (E OF RR) CROSSTOWN EXTENSION & AYERS ST 29.44 $ 272,046.00 0847-0004-0041 BOHEMIAN COLONY LANDS .30 ACS OUT LTS 3 & 4 SEC 4 (E OF RR) 0.30 $66,347.00 TOTAL $852,943.00 Proposed TIRZ #5-BOCO Development Project Description of Project  258 acres located at South Padre Island Drive and Crosstown Expressway  Proposed build out over 10 to 15 years o 999 multi-family units o 777 townhomes o 450,000 square feet of commercial space Developer Request  Reimbursement to the developer for street, sewer, drainage, and water line improvements infrastructure costs. Assets will revert to the city once completed.  Reimbursement of Park development and maintenance. Park will be built to the City specifications and will be dedicated to the City-$3,100,000 (est.) TIRZ Parameters  Base Year 2020  20-year term  75% of the increment up to $9,000,000 total City contribution  Total TIRZ not to exceed $17M in reimbursement from all participating entities  Estimated $320M in taxable value added after 20 years  Proposed taxing jurisdictions o City of Corpus Christi o Nueces County o Del Mar College District  Reimburse developer for infrastructure from revenue created by the increment once the infrastructure is completed and accepted by the City Discussion/Comments  Different than other City TIRZ-This will not reimburse the developer for private development. The reimbursement will be for infrastructure that will become the City’s asset-similar to a participation agreement or oversize agreement.  Low risk to the City due to developer reimbursement. City’s contribution capped at 52% or $9.0M of the $17M total project cost.  The developer is responsible for ensuring participation by the other taxing entities to guarantee full reimbursement  Site is currently agricultural with an ag exemption and due to the exemption has a low taxable value. When the ag exemption is removed from each parcel and the land is developed per the phases proposed by the developer, the revenue resulting from the three-year lookback, as required by the tax code, will be paid to the General Fund solely. The increment created in the TIRZ by the conversion from ag exempt will be retained by the TIRZ.  Current area of city has seen limited development/investment  All sales tax generated by the purchase of construction materials for the project will benefit the City of Corpus Christi.  Good highway access  Proposed park will be built with City input/specifications and maintained by TIRZ-no impact to the general fund and the park will become property of the City  Developer has a proven track record with residential/multifamily development  Local Government Code states that the board for a TIRZ formed by petition will consist of the following: o A representative from Nueces County and Del Mar (if they participate) o State Senator or designee o State Representative or designee o The remaining members, up to a total of 9, are property owners, or their designee, appointed by the City. Refinancing Zone #5 Summary Total Tax Revenue* Tax Increment by Entity** Total Tax Increment 25% Collected by the General Fund Year Tax Year Fiscal Year Total Taxable Value City Nueces Couty Del Mar Total City 75% Nueces County 75% Del Mar 75%Total M & O Debt Service Streets Base Year 2020 FY 21 825,943$ 5,338$ 2,541$ 2,368$ 10,247$ Base Year Base Year Base Year Base Year 1 2021 FY22 842,462$ 5,445$ 2,592$ 2,415$ 10,452$ 75$ 38$ 36$ 149$ 16$ 9$ 7$ 2 2022 FY 23 13,081,701$ 84,542$ 40,251$ 37,499$ 162,292$ 55,727$ 28,282$ 26,348$ 110,357$ 11,852$ 6,724$ 4,902$ 3 2023 FY 24 26,722,199$ 172,696$ 82,221$ 76,599$ 331,516$ 117,750$ 59,760$ 55,674$ 233,183$ 25,042$ 14,208$ 10,359$ 4 2024 FY 25 54,782,622$ 354,040$ 168,560$ 157,034$ 679,635$ 245,340$ 124,514$ 116,000$ 485,854$ 52,177$ 29,603$ 21,583$ 5 2025 FY 26 77,815,884$ 502,896$ 239,431$ 223,059$ 965,386$ 350,072$ 177,667$ 165,519$ 693,258$ 74,450$ 42,240$ 30,796$ 6 2026 FY 27 97,117,799$ 627,637$ 298,821$ 278,388$ 1,204,846$ 437,837$ 222,210$ 207,015$ 867,062$ 93,116$ 52,830$ 38,517$ 7 2027 FY 28 121,975,107$ 788,281$ 375,304$ 349,642$ 1,513,227$ 550,863$ 279,572$ 260,456$ 1,090,890$ 117,153$ 66,468$ 48,460$ 8 2028 FY 29 155,721,253$ 1,006,370$ 479,137$ 446,375$ 1,931,883$ 704,306$ 357,447$ 333,006$ 1,394,758$ 149,786$ 84,983$ 61,958$ 9 2029 FY 30 201,026,764$ 1,299,164$ 618,537$ 576,243$ 2,493,944$ 910,309$ 461,997$ 430,407$ 1,802,713$ 193,597$ 109,839$ 80,080$ 10 2030 FY 31 226,245,478$ 1,462,143$ 696,132$ 648,533$ 2,806,808$ 1,024,978$ 520,193$ 484,624$ 2,029,795$ 217,984$ 123,675$ 90,168$ 11 2031 FY 32 257,020,391$ 1,661,030$ 790,823$ 736,749$ 3,188,603$ 1,164,911$ 591,212$ 550,786$ 2,306,909$ 247,744$ 140,560$ 102,478$ 12 2032 FY 33 263,445,901$ 1,702,556$ 810,594$ 755,168$ 3,268,318$ 1,194,128$ 606,040$ 564,600$ 2,364,767$ 253,957$ 144,085$ 105,048$ 13 2033 FY 34 270,032,048$ 1,745,120$ 830,859$ 774,047$ 3,350,026$ 1,224,075$ 621,238$ 578,759$ 2,424,072$ 260,326$ 147,699$ 107,682$ 14 2034 FY 35 276,782,850$ 1,788,748$ 851,630$ 793,398$ 3,433,776$ 1,019,631$ 609,126$ 567,475$ 2,196,231$ 266,854$ 151,402$ 110,383$ 15 2035 FY 36 283,702,421$ 1,833,467$ 872,921$ 813,233$ 3,519,621$ -$ -$ -$ -$ 1,094,183$ 620,795$ 113,151$ 16 2036 FY 37 290,794,981$ 1,879,303$ 894,744$ 833,564$ 3,607,611$ -$ -$ -$ -$ 1,121,618$ 636,360$ 115,988$ 17 2037 FY 38 298,064,856$ 1,926,286$ 917,113$ 854,403$ 3,697,802$ -$ -$ -$ -$ 1,149,738$ 652,315$ 118,896$ 18 2038 FY 39 305,516,477$ 1,974,443$ 940,041$ 875,763$ 3,790,247$ -$ -$ -$ -$ 1,178,561$ 668,668$ 121,876$ 19 2039 FY 40 313,154,389$ 2,023,804$ 963,542$ 897,657$ 3,885,003$ -$ -$ -$ -$ 1,208,105$ 685,430$ 124,931$ 20 2040 FY 41 320,983,249$ 2,074,399$ 987,630$ 920,098$ 3,982,128$ -$ -$ -$ -$ 1,238,388$ 702,611$ 128,063$ Total 320,983,249$ 24,917,709$ 11,863,426$ 11,052,234$ 47,833,369$ 9,000,000$ 4,659,295$ 4,340,704$ 18,000,000$ 8,954,648$ 5,080,503$ 1,535,324$ *Does not include the .04 cents for residental streets **Based on tax year 2019 rates TIRZ #5 Build Out and Value Growth Schedule Base Year Value 825,943 Participation % 75% Multi-Family Townhomes Retail City Nueces County Del Mar Tax Rate 0.606264 Tax Rate 0.307689 Tax Rate 0.28665 Year Tax Year Fiscal Year Units Per Year Total Value Units Per Year Total Value SQ FT Per Year Total Value Total Taxable Value City Annual City Cumlative Nueces County Annual Nueces County Cumlative Del Mar Annual Del Mar Cumlative Annual Total Cumlative Total Base Year 2020 FY 21 0 -$ 0 -$ - -$ -$ 1 2021 FY22 0 -$ 0 -$ - -$ -$ 2 2022 FY 23 0 -$ 48 7,723,514$ 60,000 5,358,188$ 13,081,701$ 55,727$ 55,727$ 28,282$ 28,282$ 26,348$ 26,348$ 110,357$ 110,357$ 3 2023 FY 24 111 4,572,208$ 53 16,657,849$ - 5,492,142$ 26,722,199$ 117,750$ 173,476$ 59,760$ 88,042$ 55,674$ 82,022$ 233,183$ 343,541$ 4 2024 FY 25 111 9,373,027$ 58 26,879,336$ 137,500 18,530,259$ 54,782,622$ 245,340$ 418,816$ 124,514$ 212,556$ 116,000$ 198,022$ 485,854$ 829,395$ 5 2025 FY 26 111 14,411,029$ 64 38,641,158$ 60,000 24,763,697$ 77,815,884$ 350,072$ 768,888$ 177,667$ 390,223$ 165,519$ 363,541$ 693,258$ 1,522,652$ 6 2026 FY 27 111 19,695,073$ 70 52,039,936$ - 25,382,790$ 97,117,799$ 437,837$ 1,206,725$ 222,210$ 612,433$ 207,015$ 570,556$ 867,062$ 2,389,715$ 7 2027 FY 28 185 28,598,888$ 77 67,358,859$ - 26,017,359$ 121,975,107$ 550,863$ 1,757,588$ 279,572$ 892,005$ 260,456$ 831,012$ 1,090,890$ 3,480,605$ 8 2028 FY 29 185 37,935,583$ 85 84,904,022$ 60,000 32,881,648$ 155,721,253$ 704,306$ 2,461,894$ 357,447$ 1,249,452$ 333,006$ 1,164,017$ 1,394,758$ 4,875,363$ 9 2029 FY 30 185 47,721,240$ 94 105,005,749$ 137,500 48,299,775$ 201,026,764$ 910,309$ 3,372,203$ 461,997$ 1,711,449$ 430,407$ 1,594,424$ 1,802,713$ 6,678,076$ 10 2030 FY 31 0 48,914,271$ 103 127,823,938$ - 49,507,270$ 226,245,478$ 1,024,978$ 4,397,181$ 520,193$ 2,231,642$ 484,624$ 2,079,048$ 2,029,795$ 8,707,871$ 11 2031 FY 32 0 50,137,127$ 125 156,138,312$ - 50,744,951$ 257,020,391$ 1,164,911$ 5,562,092$ 591,212$ 2,822,854$ 550,786$ 2,629,834$ 2,306,909$ 11,014,780$ 12 2032 FY 33 0 51,390,556$ 0 160,041,770$ - 52,013,575$ 263,445,901$ 1,194,128$ 6,756,220$ 606,040$ 3,428,893$ 564,600$ 3,194,434$ 2,364,767$ 13,379,547$ 13 2033 FY 34 0 52,675,319$ 0 164,042,814$ - 53,313,915$ 270,032,048$ 1,224,075$ 7,980,295$ 621,238$ 4,050,131$ 578,759$ 3,773,194$ 2,424,072$ 15,803,620$ **14 2034 FY 35 0 53,992,202$ 0 168,143,885$ - 54,646,763$ 276,782,850$ 1,254,771$ 9,235,065$ 636,817$ 4,686,948$ 593,273$ 4,366,467$ 2,484,860$ 18,288,480$ 15 2035 FY 36 0 55,342,007$ 0 172,347,482$ - 56,012,932$ 283,702,421$ 1,286,234$ 10,521,299$ 652,785$ 5,339,733$ 608,149$ 4,974,616$ 2,547,168$ 20,835,648$ 16 2036 FY 37 0 56,725,558$ 0 176,656,169$ - 57,413,255$ 290,794,981$ 1,318,483$ 11,839,782$ 669,152$ 6,008,885$ 623,397$ 5,598,013$ 2,611,033$ 23,446,680$ 17 2037 FY 38 0 58,143,697$ 0 181,072,573$ - 58,848,586$ 298,064,856$ 1,351,539$ 13,191,322$ 685,929$ 6,694,814$ 639,027$ 6,237,039$ 2,676,494$ 26,123,175$ 18 2038 FY 39 0 59,597,289$ 0 185,599,387$ - 60,319,801$ 305,516,477$ 1,385,422$ 14,576,744$ 703,124$ 7,397,938$ 655,047$ 6,892,086$ 2,743,593$ 28,866,768$ 19 2039 FY 40 0 61,087,221$ 0 190,239,372$ - 61,827,796$ 313,154,389$ 1,420,151$ 15,996,895$ 720,750$ 8,118,688$ 671,467$ 7,563,553$ 2,812,369$ 31,679,136$ 20 2040 FY 41 0 62,614,402$ 0 194,995,356$ - 63,373,491$ 320,983,249$ 1,455,749$ 17,452,644$ 738,817$ 8,857,505$ 688,298$ 8,251,851$ 2,882,864$ 34,562,000$ Total 999 62,614,402$ 777 194,995,356$ 455,000 63,373,491$ 320,983,249$ ** Based on current modeling and assumptions, the City will reach the $9.0M cap in year 14 and future revenues will go into the General Fund AGENDA MEMORANDUM Action Item for the City Council Meeting of August 11, 2020 DATE: July 14, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works richardm5@cctexas.com (361) 826-3419 CAPTION: Ordinance authorizing an Interlocal Cooperation Agreement with Nueces County to reimburse $200,000 to the City related to the engineering design cost associated with the extension of Junior Beck Drive from Dead End to Old Brownsville Road and accepting and appropriating a Financial Assistance Award in an amount of $3,000,000 from the United States Department of Commerce-Economic Development Administration for the design and construction of Junior Beck Drive located in City Council District 3, with a City match of $750,000 with funding available through the 2018 Bond Program and amending the Capital Improvement Program Budget and appropriating grant Funds in the Street CIP Fund. SUMMARY: This item authorizes an Interlocal Cooperation Agreement (ILA) with City of Corpus Christi (City) and Nueces County (County) to reimburse $200,000 to the City for engineering design cost associated with the extension of Junior Beck Drive and acceptance of a Financial Assistance Award (EDA Grant) from the United States Department of Commerce-Economic Development Administration (EDA) for $3,000,000 to be used for Interlocal Cooperation Agreement with Nueces County and acceptance of United States Department of Commerce Economic Development Administration Grant Junior Beck Drive (Bear Lane to Dead End) (Bond 2018, Proposition B) the design and construction of Junior Beck Drive from Bear Lane to Old Brownsville Road. BACKGROUND AND FINDINGS: Currently, Junior Beck Drive is an established roadway from Bear Lane to Dead End (0.63 miles). The Street 2018 Bond - Proposition B approved the rehabilitation of Junior Beck Drive from Bear Lane to Dead End with a budget of $1,400,000 for the reconstruction of roadway, sidewalk, pavement markings and lighting improvements. The existing roadway is a classified as a Minor Residential Collector Street in the City Urban Transportation Plan with 2-lane asphalt pavement with curb, gutter, and sidewalks that are in poor condition with aging underground utility systems. Junior Beck Drive currently supports industrial and commercial activity with heavy commercial vehicular traffic and has only one access point from Bear Lane. The project is in preliminary design with 30% completion. In December 2019, the Nueces County Commissioner Court approved an Interlocal Cooperation Agreement between the City and Nueces County for the associated engineering cost related to the preparation of design and construction plans for the extension of Junior Beck Drive from the dead end to Old Brownsville Road (0.32 miles) for funds in an amount of $200,000. The City shall invoice the County upon commencement of the construction of the Extension for the reimbursement of funds. The County may increase their funding upon approval of the Nueces County Commissioner Court. In September 2019, the City received an EDA Grant for $3,000,000 for the construction of Junior Beck Drive from Bear Lane to Old Brownsville Road (0.95 miles). The EDA Grant is an economic development reimbursement grant requiring a $750,000 City match for the project. The matching funds is satisfied with the $1,400,000 from the Bond 2018 project. Currently, the section of Junior Beck Drive fro m Dead End to Old Brownsville Road is located on private property. The Right of Way (ROW) required for the extension of the Junior Beck Drive may be donated or purchased; however, the EDA grant funds shall not be used in the ROW purchase and the eminent domain process for acquiring ROW for the street extension is not allowed on a project funded by this type of grant. The grant has time constraints of two years to begin construction, two years to complete construction, and two years for project and grant closeout, and the time started when the Financial Assistance Award CD-450 was signed by the EDA on September 30, 2019. It may be possible to modify the limits of the grant if the roadway extension is not pursued. That decision is determined by the EDA and would be dependent on the projects ability to stimulate economic development around the project. The Junior Beck Drive extension from Dead End to Old Brownsville Road is a planned street without any existing roadway, utilities and drainage improvements. The roadway extension is classified as a Minor Residential Collector Street in the City Urban Transportation Plan. However, based on the preliminary cost estimates and availability of funds, Staff recommend the roadway extension to be designed as a local rural street section within a 60’ ROW with 26’ wide new asphalt pavement, and drainage improvements. The EDA Grant does not fund for utilit y improvements like water and wastewater. The utilities for the roadway extension must be funded through Water Fund. The funds for the extension of the roadway pavement are funded through the ILA and the EDA Grant. If Council approves the grant funds, the project completion for Junior Beck Dr. from Bear Lane to Old Brownsville Road will be three years. If Council does not approve the grant funds, the project will only consist of Junior Beck Dr. from Bear Lane to Dead End as per the approved Street 2018 Bond project. The project design and timeline is dependent on Council approval and has been lengthened to accommodate ROW acquisition with the anticipated construction award estimated to be in the Spring of 2021. PROJECT TIMELINE: A M J J Design Bid Construction 20212019-2021 June-March 2021-2022 August-December The project design timeline has been lengthened to accommodate ROW acquisition with the anticipated construction award estimated to be in the Spring of 2021. ALTERNATIVES: Council could reject the ILA and the EDA Grant which would result in the removal of the extension of the Junior Beck Drive from Dead End to Old Brownsville Road. Neither of these alternatives will delay the original Bond 2018 Proposition B project. FISCAL IMPACT: If approved by council, the fiscal impact in FY 2020 is the acceptance and appropriation of the EDA grant funds of $3,000,000 into the Street CIP Fund, specifically within the Junior Beck project. Funding Detail: The $3,200,000 will be deposited into two revenue accounts upon receipt of funds. 3530 – 110625 : Due from US GOV ($3 million) 3530 – 116000 : Due from Nueces County ($200,000) RECOMMENDATION: Engineering Services and Public Works recommend conditional acceptance of the EDA Grant and the ILA dependent upon the successful negotiation of the ROW dedication at no cost to City from the single property owner in exchange for the construction of the street extension from Junior Beck from Dead End to Old Brownsville Road. LIST OF SUPPORTING DOCUMENTS: Ordinance Location & Vicinity Maps Interlocal Cooperation Agreement Financial Assistance Award Page 1 of 3 Ordinance authorizing an Interlocal Cooperation Agreement with Nueces County to reimburse $200,000 to the City related to the engineering design cost associated with the extension of Junior Beck Drive from Dead End to Old Brownsville Road and accepting and appropriating a Financial Assistance Award in an amount of $3,000,000 from the United States Department of Commerce-Economic Development Administration for the design and construction of Junior Beck Drive located in City Council District 3, with a City match of $750,000 with funding available through the 2018 Bond Program and amending the Capital Impr ovement Program Budget and appropriating grant Funds in the Street CIP 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 an Interlocal Cooperation Agreement with Nueces County (“ILA”) for participation in the design phase of the Junior Beck Drive improvements. Section 2: The $3,000,000 Financial Assistance Award from the U.S. Department of Commerce Economic Development Administration (“EDA Grant”) is accepted and appropriated in Fund No. 3530 for the Junior Beck Drive improvements project. Section 3. The FY 2020 Operational Budget adopted by Ordinance No. 031870 is amended to increase appropriations by $3,000,000. Section 4. It is the intent of the City to obtain dedication of the right of way needed for the extension of Junior Beck Drive, from dead end to Old Brownsville Road , shown in blue on the map below, at no cost to the taxpayers. If the property owner(s) does not grant the right of way, then City staff is authorized to amend the EDA Grant (to the extent permitted by the granting authorities) and design of the Junior Beck Improvements Project to ensure that limited funds provide the maximum economic development for the City. Page 2 of 3 Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this _____ 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 ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor 37 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Junior Beck Drive (Bear Lane to Old Brownsville Road) LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18023A PROJECT LOCATION PROJECT LOCATION VICINITY MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18023A EXTENSION FROM DEAD END TO OLD BROWNSVILLE RD. OLD B R O W N S VILL E R D.NORTH PADR E I S L AND DR .JUNIOR BECK DR.BEAR LN. Junior Beck Drive (Bear Lane to Old Brownsville Road) FORM CD45O (REV 0.1/17) U.S, DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE AWARD []e"o"r flcoopemrveoc*..r.", FEDERAL AWARD ID }IUMBER 08-79-05330; 113378 RECIPIENT NAME City of Corpus Christi PERIOO OF PERFORMANCE 60 Months from Date of Approval STREETADDRESS 1201 Leopard Street FEOERAL SHARE OF COST , 3,000,000.0( CITY, STATE, ZP CODE Corpus Christi, TX 7840'l-2120 RECIPIEI{T SHARE OF COST 3 750,000.0( AUTHORTTY PWEDA of 1965, as amended (42 U.S.C. $ 3121 et. seq.)Title ll, Sections 209 and 703 TOTAL ESTI ATEO COST 3 3,750,000.0( CFDA iIO. A}ID TAI'E 11.307, Economic Adjustment Assistance - Disaster Supplemental Assistance PROJECT TITLE Junior Beck Drive improvements This Award Document (Form CD-450) signed by the Grants Officer constitules an obligation of Federal funding. By signing this Form CD-450, the Recipient agrees to comply with the Award provisions checked below and aftached. Upon acceptance by the Recipient, the Form CD450 must be signed by an authorized representative ofthe Recipient and returned to the Grants Officer. lf not signed and returned without modilication by the Recipient within 30 days of receipt, the Grants Offlcer may unilaterally withdrcw this Award offer and de-obligate the funds. I oeRanrmeHr oF coMMERcE FTNANcTAL AssrsrANcE sTANDARD TERMs AND coNDrnoNs (09 ocroBER Izoralnaoaweno I reoeml-wtoe REsEARcH TERMs AND coNDtnoNs, As ADoprEo By rHE DEpr. oF coMMERcE m sPEcrAL AWARD CONDTTTONS E LINE ITEM BUDGET m 2 CFR PART 200, UNIFORM ADiIINISTRATIVE REQUTREMENTS, COST PRtNCtPLES, AND AUDTT REQUTREMENTS, AS ADOPTED PURSUANT TO 2 CFR S 1327.101 Elg crn plnr gr, coNTRAcr cosr pRrNcrpLES AND pRocEDUREs E mulrt-yeln nwARD. pLEAsE sEE THE MULTT-vEAR spEctAL AwARD coNDtnoN. E orxen(s): EDA Standard Terms and Conditions for Construction Programs (February 2016) EDA Regulations set forth at 13 CFR Chapter lll (January 2015) Summary of EOA Construction Standards (July 2018); General Fraud Awareness T SIG}'ATURE OF DEPARITIEIIT OF C( HERCE GRAI'TS Jorge D. Ayala, Regional Director D IE ?/to/,t pRrlrrED NAmE, eRINTED nrLE, at{D stcNATURe or rurxontze\\rprlr oritctrl Samuel "Keith" Selman, City ttt^n S.r@) oatE Iro.3.l) DATE: July 28, 2020 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager SteveV@cctexas.com 361-826-3445 FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Ordinance authorizing execution of all documents necessary to enter into a Consent Decree with the United States of America and State of Texas regarding improvements, operation and maintenance of the City wastewater system and appropriating $1,187,000 for civil penalty for the United States, attorney fees for the State of Texas, and City legal and consultant services related to finalizing and obtaining court approval of said decree. SUMMARY: This Ordinance authorizes the City Manager or his designee to enter into the Consent Decree with EPA and TCEQ regarding improvements, operation and maintenance of the City wastewater system, and to appropriate civil penalty and state attorney fees required by the Consent Decree, and to appropriate legal and consultant services fees for finalization of the entry of the Consent Decree, and to begin implementing the work as required by the Consent Decree. BACKGROUND AND FINDINGS: The City had a history of numerous sanitary sewer overflows (SSOs), which resulted in EPA initiating an enforcement effort against the City more than 10 years ago to combat the high numbers of reported SSOs. At the beginning of negotiations, the EPA threatened to level millions of dollars in fines against the City and mandate almost one billion dollars of improvements to the City’s wastewater collection and treatment plant systems. The initial EPA demands to inspect, clean, repair and replace the entire sanitary sewer collection system, in addition to upgrading lift stations and wastewater treatment plants over a relatively short capital project timeline of only 10 years, would have increased wastewater rates by more than 100%. Authorize entering into Wastewater System Consent Decree with the US Environmental Protection Agency (EPA) and the State of Texas, and appropriating funds for civil penalty, state attorney, and legal and consultant service fees AGENDA MEMORANDUM First Reading for the City Council Meeting August 11, 2020 Second Reading for the City Council Meeting August 18, 2020 Since 2010, the City and the EPA have been negotiating the details of a proposed Consent Decree to resolve the EPA’s outstanding claims against the City for SSOs and for exceeding limits required by the Texas Pollutant Discharge Elimination System (TPDES) permits at the City’s wastewater treatment plants. This 10-year negotiation effort resulted in the City and EPA reaching the proposed Consent Decree under which the City shall implement a series of programs within 15 years to clean, inspect, repair, rehabilitate and upgrade the existing wastewater infrastructure to prevent SSOs throughout the City and to ensure compliance with wastewater treatment permits. During negotiations, federal officials repeatedly threatened to sue the City. A successful federal lawsuit against the City could have resulted in more than $400 million in fines against the City. Negotiations led to an agreed fine of $1,136,000 and $18,000 for state attorney fees. The Consent Decree also obligates the City to pay stipulated penalties for SSOs and TPDES permit violations after the City enters the Consent Decree. To finalize entry of the Consent Decree, the City must pay approximately $33,000 for legal and consultant service fees. To meet Consent Decree requirements, the City implemented the following major programs:  Consent Decree asset management and reporting program  City-wide collection system cleaning and inspection program  City-wide collection system repairing and rehabilitation program (wastewater IDIQ program)  City-wide collection system capacity assessment and measures  Repair and Upgrade programs for wastewater treatment plants and lift stations Additionally, the Utilities Department is proposing staff augmentation to execute these programs and manage all Consent Decree requirements. ALTERNATIVES: N/A FISCAL IMPACT: The Consent Decree requirements to clean, inspect, repair, rehabilitate and upgrade the wastewater collection and treatment plant systems are estimated to increase wastewater rates approximately 2-3% annually without considering inflation rate. Funding Detail: Fund: 4200 Organization/Activity: n/a Mission Element: n/a Project # (CIP Only): n/a Account: 200840 Fund: 4200 Organization/Activity: 33400 Mission Element: 042 Project # (CIP Only): n/a Account: 540025 RECOMMENDATION: Staff recommends entering into a 15-year Wastewater System Consent Decree with the US Environmental Protection Agency (EPA), Department of Justice (DOJ) and the State of Texas, and appropriating funds for civil penalty of $1,136,000, state attorney fee of $18,000, and $33,000 for legal and consultant services for the finalization of the entry of the Consent Decree. LIST OF SUPPORTING DOCUMENTS: Ordinance Consent Decree document Ordinance authorizing execution of all documents necessary to enter into a Consent Decree with the United States of America and State of Texas regarding improvements, operation and maintenance of the City wastewater system and appropriating $1,187,000 for civil penalty for the United States, attorney fees for the State of Texas, and City legal and consultant services related to finalizing and obtaining court approval of said decree BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $1,187,000 is appropriated in the No. 4200 Wastewater Fund for civil penalty to the U.S., and attorney fees to the State of Texas, and for City legal and consultant services related to finalizing and obtaining court approval of said decree. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to enter into the Consent Decree with the United States of America and the State of Texas regarding improvements, operation and maintenance of the City wastewater system. SECTION 3. The City Manager is authorized to execute contract amendment s in a total cumulative amount not to exceed $33,000 with Lloyd Gosselink, HDR, Pipeline Analysis, Blue Cypress Consulting, and Barnes & Thornburg for legal and consulting services related to finalizing and obtaining court approval of the consent decree. SECTION 4. The City FY 2019-2020 Operating and Capital Budget adopted by Ordinance No. 031870 is amended to increase expenditures by $1,187,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ _______________________ Rebecca Huerta Joe McComb City Secretary Mayor IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION ____________________________________ ) UNITED STATES OF AMERICA and ) STATE OF TEXAS, ) ) Plaintiffs, ) Civil Action No. ______________ ) ) v. ) ) CONSENT DECREE CITY OF CORPUS CHRISTI, ) ) Defendant. ) ) ____________________________________ ) TABLE OF CONTENTS I. JURISDICTION AND VENUE .................................................................................. 2 II. APPLICABILITY ........................................................................................................ 3 III. PURPOSE .................................................................................................................... 4 IV. DEFINITIONS ............................................................................................................ 4 V. REMEDIAL MEASURES, PRIORITIZATION, AND SCHEDULES .................... 12 VI. REVIEW OF DELIVERABLES ............................................................................... 45 VII. REPORTING REQUIREMENTS ............................................................................. 48 VIII. CIVIL PENALTY ..................................................................................................... 49 IX. STIPULATED PENALTIES ..................................................................................... 51 X. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS.................................. 57 XI. FORCE MAJEURE ................................................................................................... 59 XII. DISPUTE RESOLUTION ......................................................................................... 61 XIII. RIGHT OF ENTRY AND RECORD RETENTION ................................................ 65 XIV. COSTS AND ATTORNEYS’ FEES ......................................................................... 66 XV. NOTICES .................................................................................................................. 67 XVI. CERTIFICATION ..................................................................................................... 69 XVII. EFFECTIVE DATE ................................................................................................... 69 XVIII. RETENTION OF JURISDICTION ........................................................................... 69 XIX. MODIFICATION ...................................................................................................... 70 XX. TERMINATION ........................................................................................................ 72 XXI. PUBLIC PARTICIPATION ...................................................................................... 75 XXII. SIGNATORIES/SERVICE ....................................................................................... 75 XXIII. INTEGRATION/APPENDICES ............................................................................... 76 XXIV. FINAL JUDGMENT ................................................................................................. 76 1 WHEREAS, Plaintiffs the United States of America (“United States”), on behalf of the United States Environmental Protection Agency (“EPA”), and the State of Texas (“State”), acting at the request of and on behalf of the Texas Commission on Environmental Quality (“TCEQ”), have filed a Complaint in this action concurrently with this Consent Decree, alleging that the Defendant, the City of Corpus Christi, Texas (“City”), violated the federal Clean Water Act (“Act” or “CWA”), 33 U.S.C. § 1251 et seq., Chapter 26 of the Texas Water Code (“TWC”), and the regulations promulgated under both the CWA and the TWC; WHEREAS, the Complaint alleges that the City violated, and will continue to violate, the Act and the TWC by: (1) exceeding effluent limitations and other conditions established in National Pollutant Discharge Elimination System (“NPDES”) permits issued by the State to the City pursuant to Section 402 of the CWA, 33 U.S.C. § 1342 (“TPDES Permits”), for its six municipal Waste Water Treatment Plants (“WWTPs”) located in and around the City of Corpus Christi, Texas; and (2) discharging pollutants, including sewage; WHEREAS, the City has developed, calibrated, and verified a hydraulic model of its Sewer Collection System, and EPA has determined that, as of the Date of Lodging, the model adequately represents the system; WHEREAS, the City has been implementing a number of programs to upgrade, operate and maintain its Sewer Collection System and WWTPs and these programs are targeted at preventing and responding to Sanitary Sewer Overflows and exceedances of effluent limits found in its TPDES Permits; WHEREAS, the City does not admit any facts or liability to the United States, the State or any third party arising out of the transactions or occurrences alleged in the Complaint; 2 WHEREAS, the State is a Plaintiff in this action pursuant to Section 309(e) of the CWA, 33 U.S.C. § 1319(e); WHEREAS, TCEQ has been authorized by EPA to administer the NPDES program in Texas pursuant to Section 402(b) of the CWA, 33 U.S.C. § 1342(b); WHEREAS, the Parties desire to avoid litigation and to work cooperatively on CWA compliance issues relating to the City’s Sewer Collection System and the City’s WWTPs; WHEREAS, the Parties recognize this Consent Decree is in the interests of justice, a transparent resolution, and consistent with the impartial rule of law and fundamental constitutional principles, including federalism and control of state governments by their democratically elected leaders. While the City has proposed and agreed to make significant improvements to its infrastructure, this Consent Decree is narrowly tailored to achieve the improvements necessary to remedy alleged violations of federal and state law; it is not being used to accomplish other policy goals or obtain relief that is unrelated to the alleged violations; WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between the Parties, and that this Consent Decree is fair, reasonable, and in the public interest; NOW, THEREFORE, with the consent of the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows: I. JURISDICTION AND VENUE This Court has jurisdiction over the subject matter of this action pursuant to Sections 309(b) and 504(a) of the CWA, 33 U.S.C. §§ 1319(b) and 1364(a), and 28 U.S.C. §§ 1331, 1345 and 1355, and over the Parties. Venue lies in this District, pursuant to Section 309(b) of the CWA, 33 U.S.C. § 1319(b), and 28 U.S.C. §§ 1391(b) and 1395(a), because it is the judicial district where the City is located and where the alleged violations occurred. For 3 purposes of this Consent Decree, or any action to enforce this Consent Decree, the City consents to the Court’s jurisdiction over the City, this Consent Decree, and any action to enforce this Consent Decree. The City further consents to venue in this judicial district. For purposes of this Consent Decree, the City agrees not to contest that the Complaint states claims upon which relief may be granted under the CWA and the TWC. II. APPLICABILITY The provisions of this Consent Decree shall apply to, and are binding upon, the United States and the State, and upon the City and its successors, assigns, or other entities or persons otherwise bound by law. No transfer of ownership or operation of any portion of the City’s Wastewater Collection and Treatment System (“WCTS”), whether in compliance with the procedures of this Paragraph or otherwise, shall relieve the City of its obligation to ensure that the terms of this Consent Decree are implemented unless: (a) the transferee agrees to undertake the obligations of the Consent Decree and to be substituted for the City as a Party under the Consent Decree and thus be bound by the terms thereof, and (b) the United States and the State consent to the transfer and to relieve the City of its obligations under the Consent Decree. Any dispute concerning a decision by the United States or the State to refuse to approve the substitution of the transferee for the City shall be considered a dispute concerning modification and shall be resolved pursuant to Paragraph 110. Within sixty (60) Days after the Effective Date of the Consent Decree, the City shall provide a copy of this Consent Decree to all officers, employees, and agents whose duties might reasonably include compliance with any provision of this Consent Decree, as well as to any contractor or consultant retained to perform Work required under this Consent Decree. The City may satisfy this requirement by providing an electronic copy of this Consent Decree to the 4 required officers, employees, agents, contractors, and/or consultants, or by providing an electronic link to a website where the Consent Decree is posted. The City shall condition any contract to perform Work required under this Consent Decree upon performance of the Work in conformity with the terms of this Consent Decree. Any action taken by any contractor or consultant retained to implement the City’s obligations under this Consent Decree shall be considered an action of the City solely for purposes of determining compliance with this Consent Decree. In an action to enforce this Consent Decree, the City shall not assert as a defense against the United States and/or the State the failure of any of its officers, directors, employees, agents, contractors, consultants, successors, or assigns, to take any action necessary to comply with the provisions of this Consent Decree. However, this Consent Decree shall not limit the City’s right to take all appropriate action against any such person or entity that causes or contributes to the City’s act or failure to act. III. PURPOSE The express purpose of the Parties entering into this Consent Decree is for the City to take all necessary measures to achieve full compliance with the CWA, the TWC, and regulations promulgated thereunder, as well as full compliance with the City’s TPDES Permits. All plans, reports, construction, remedial maintenance, operational requirements, and other obligations in this Consent Decree, and in any amendment to this Consent Decree, shall have the objective of ensuring that the City complies with the CWA and TWC, all applicable federal and state regulations, and the terms and conditions of the City’s TPDES Permits. IV. DEFINITIONS Terms used in this Consent Decree that are defined in the CWA or the regulations promulgated under the CWA shall have the meanings assigned to them in the CWA or such 5 regulations, unless otherwise provided in this Consent Decree. Whenever the terms set forth below are used in this Consent Decree, including the attached appendices, the following definitions shall apply: a. “Building/Private Property Backup” shall mean a wastewater release or backup into a building or onto private property that is caused by blockages, flow conditions, or other malfunctions in the WCTS. A wastewater release or backup into a building or onto private property that is caused by blockages, flow conditions, or other malfunctions of a Private Lateral is not a Building/Private Property Backup for purposes of this Decree. b. “Capacity Constraint” shall mean those discrete components, or groups of components, of the City’s Sewer Collection System that are determined by the City, consistent with Section V and Appendix D (Capacity Assessment and Remedial Measures Approach), to have verified deficiencies that have: i) caused or significantly contributed to previous capacity-related SSOs due to wet weather events or ii) that are likely to cause or significantly contribute to future capacity- related SSOs due to wet weather events, as defined in Appendix D (Capacity Assessment and Remedial Measures Approach). c. “CCTV” shall mean closed circuit television. d. “City” shall mean the Defendant, the City of Corpus Christi, Texas. e. “CWA” shall mean the Clean Water Act, formally titled the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq. f. “CMOM Plan” shall mean the City’s Capacity, Management, Operation and Maintenance Plan that was approved by EPA prior to the Date of Lodging. 6 g. “Complaint” shall mean the complaint filed by the Plaintiffs in this case. h. “Consent Decree” or “Decree” shall mean this Consent Decree and all appendices attached hereto, as listed in Section XXIII (Integration/Appendices). i. “Consolidation Impacted Sub-basins” shall mean WCTS Sub-basins that will be impacted by any WWTP consolidation or construction projects. j. “Date of Lodging” shall mean the date this Consent Decree is filed for lodging with the Clerk of the Court for the United States District Court for the Southern District of Texas. k. “Day” or “Days” shall mean a calendar day or calendar days unless expressly stated to be a business day. In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal or state holiday, the period shall run until the close of business of the next business day. l. “Deliverable” shall mean any written document required to be submitted by or on behalf of the City to EPA and/or TCEQ pursuant to this Consent Decree. m. “Effective Date” shall have the meaning provided in Section XVII (Effective Date). n. “EPA” shall mean the United States Environmental Protection Agency and any of its successor departments or agencies. o. “EPA Denial” shall mean EPA final action disapproving the 2018 TCEQ- adopted Texas Surface Water Quality Standards relating to Segments 2485 – Oso Bay and 2486 – Blind Oso Bay, pursuant to 40 C.F.R. § 131.21(a). p. “FOG” shall mean fats, oils, and grease. 7 q. “Force Main” shall mean any City-owned or operated pipe that receives and conveys, under pressure, wastewater from the discharge side of a pump. A Force Main is intended to convey wastewater under pressure. r. “Gravity Sewer Main” shall mean a City-owned or operated pipe that receives, contains and conveys wastewater not normally under pressure and that is intended to flow unassisted under the influence of gravity. For purposes of this Consent Decree, a Private Lateral is not a Gravity Sewer Main. s. “Gravity Sewer Main Segment” shall mean the full length of a Gravity Sewer Main between two manholes. t. “Hydraulic Model” shall mean the hydraulic model of the City’s Sewer Collection System that the City developed, calibrated and verified, and that EPA determined adequately represents, as of the Date of Lodging, the City’s Sewer Collection System. u. “Integrated Plan” shall mean an Integrated Plan developed by the City in accordance with the EPA guidance titled “Integrated Municipal Stormwater and Wastewater Planning Approach Framework” dated June 5, 2012 (the “EPA Framework”). v. “Large Diameter Gravity Sewer Main” shall mean a Gravity Sewer Main within the Sewer Collection System that is twenty-four (24) inches or greater in diameter. w. “Oso WWTP Alternative” shall mean the rerouting of flows of wastewater from the existing Oso WWTP as a result of an EPA Denial and in accordance with the procedures set forth in Paragraph 32 of this Consent Decree. 8 x. “Oso Alternative Impacted Sub-basins” shall mean Sub-basins that will be impacted by any Oso WWTP Alternative projects. y. “Paragraph” shall mean a portion of this Consent Decree identified by an Arabic numeral. z. “Parties” shall mean the United States, the State of Texas, and the City. aa. “Prioritization Approach” shall mean the methodology for prioritizing Subdivisions for cleaning and inspection set forth in Appendix C (Prioritization Approach). bb. “Priority Projects” shall mean Condition Remedial Measures for Small Diameter Gravity Sewer Mains, Force Mains, manholes, air relief valves, and lift stations that require implementation of Condition Remedial Measures to avoid the occurrence of an SSO anticipated to occur before the submission of the Condition Remedial Measures Plan cc. “Private Lateral” shall mean a sanitary sewer or wastewater collection line not owned by the City that conveys sewage or wastewater from a building or buildings to the Sewer Collection System. dd. “Remedial Measures” shall mean Sewer Collection System improvements identified by the City for implementation, pursuant to Section V of this Consent Decree, to address condition- and/or capacity-related deficiencies within the Sewer Collection System. Remedial Measures include, but are not limited to, spot repairs, trenchless sewer rehabilitation, sewer replacement, and repair or reconstruction. Remedial Measures meant to address condition-related deficiencies will be referred 9 to as “Condition Remedial Measures.” Remedial Measures meant to address capacity-related deficiencies will be referred to as “Capacity Remedial Measures.” ee. “SSO” shall mean any overflow, spill, or release of wastewater from, or caused by conditions in, the Sewer Collection System. SSOs shall include: i. discharges to waters of the United States or into or adjacent to Waters in the State of Texas from the City’s Sewer Collection System; and ii. any release of wastewater from the City’s Sewer Collection System to public or private property that does not reach waters of the United States or Waters in the State of Texas, including Building/Private Property Backups; ff. “Section” shall mean a portion of this Consent Decree identified by a Roman numeral. gg. “Sewer Collection System” shall mean the municipal wastewater collection, retention, and transmission systems, including all pipes, interceptors, Force Mains, Gravity Sewer Mains, lift stations, pumping stations, manholes and appurtenances thereto, that are owned or operated by the City. For purposes of this Consent Decree, the Sewer Collection System does not include Private Laterals. hh. “Sewershed” shall mean a section of the City’s Sewer Collection System that is a distinct drainage or wastewater collection area and has been designated as such by the City. For purposes of this Consent Decree, the City has the following six Sewersheds: i. the Allison Sewershed; ii. the Broadway Sewershed; 10 iii. the Greenwood Sewershed; iv. the Laguna Madre Sewershed; v. the Oso Sewershed; and vi. the Whitecap Sewershed. ii. “Small Diameter Gravity Sewer Main” shall mean a Gravity Sewer Main within the Sewer Collection System that is less than twenty-four (24) inches in diameter. jj. “State” shall mean the State of Texas. kk. “Sub-basin” shall mean a portion of the City’s Sewer Collection System served by a single lift station or a designated portion of the City’s Sewer Collection System, as identified by the City. ll. “Subdivisions” are the approximately 1,700 distinct areas that together make up the Sewer Collection System. Each of these areas was constructed during a relatively short period such that the asset materials, methods of construction, design, soil conditions, and asset ages are similar and there is generally a single defined downstream terminus per Subdivision. mm. “TCEQ” shall mean the Texas Commission on Environmental Quality and any of its successor departments or agencies. nn. “TPDES Permits” shall mean Texas Pollutant Discharge Elimination System permits issued to the City for the WWTPs. oo. “United States” shall mean the United States of America, acting on behalf of EPA. 11 pp. “WCTS” shall mean the combined total of all WWTPs and the Sewer Collection System. qq. “WWTP(s)” shall mean one or more of the following wastewater treatment plants operated by the City: i. The Allison Wastewater Treatment Facility (“Allison WWTP”), located at 4101 Allison Drive in the northwest portion of the City of Corpus Christi, Texas, approximately 1 mile north of Interstate Highway 37 in Nueces County, Texas; ii. The Broadway Wastewater Treatment Facility (“Broadway WWTP”), located at 1402 West Broadway, approximately 3,000 feet east of the intersection of Broadway and North Port Avenue in the City of Corpus Christi in Nueces County, Texas; iii. The Greenwood Wastewater Treatment Facility (“Greenwood WWTP”), located at 6541 Greenwood Drive, at the intersection of State Highway 357 (a/k/a Saratoga Blvd.) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi in Nueces County, Texas; iv. The Laguna Madre Wastewater Treatment Facility (“Laguna Madre WWTP”), located at 201 Jester Street, approximately 0.5 miles east of the intersection of Jester Street and N.A.S. Drive in the City of Corpus Christi in Nueces County, Texas; 12 v. The Oso Wastewater Treatment Facility (“Oso WWTP”), located at 501 Nile Drive, at the intersection of Nile Drive and Ennis Joslin Road, in the City of Corpus Christi in Nueces County, Texas; and vi. The Whitecap Wastewater Treatment Facility (“Whitecap WWTP”), located at 13409 Whitecap Boulevard at the west end of Whitecap Boulevard on Padre Island within the City of Corpus Christi in Nueces County, Texas. rr. “Work” shall mean the activities the City is required to perform under this Consent Decree until the termination of this Consent Decree. V. REMEDIAL MEASURES, PRIORITIZATION, AND SCHEDULES No later than the Effective Date of this Consent Decree, the City shall initiate the Work required by this Consent Decree. Unless otherwise specified in this Consent Decree, the City shall complete all Work no later than fifteen (15) years from the Effective Date. Additionally, the City shall meet the following interim deadlines: a. By no later than two (2) years after the Effective Date, the City will inspect and assess, in accordance with Paragraph 19 (Inspection Assessment Criteria), all Force Mains and Force Main air relief valves in the WCTS; b. By no later than four (4) years after the Effective Date, the City will complete the following activities in accordance with Paragraphs 15 (Small Diameter Gravity Sewer Main Cleaning) and 19 (Inspection Assessment Criteria): i. Cleaning and inspection of all Small Diameter Gravity Sewer Mains in the Subdivisions prioritized using the Prioritization Approach, which includes all Subdivisions where one (1) or more structural or blockage-related SSO from a Gravity Sewer Main has occurred since 13 January 1, 2012, provided that the City shall clean and inspect no less than 450 miles of Small Diameter Gravity Sewer Mains pursuant to this requirement; ii. Inspection of all manholes associated with Large Diameter Gravity Sewer Mains in the WCTS; and iii. Inspection of all lift stations in the WCTS. c. By not later than six and a half (6.5) years after the Effective Date, the City shall complete all Priority Projects; d. By no later than ten (10) years after the Effective Date, the City shall complete all Gravity Sewer Main cleaning. e. By no later than ten (10) years after the Effective Date, the City shall complete all inspections of all Gravity Sewer Mains. Assets that fall into the categories identified in Paragraphs 9.a-e but are installed after the Effective Date may be inspected, assessed, cleaned, and maintained on schedules determined pursuant to the CMOM Plan required by Section V.F, rather than on the schedules set forth in Paragraph 9. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the CWA. A. Capital Improvement Projects Completion of Existing Sewer Collection System Capital Improvement Projects. The City shall complete the existing capital projects listed at Appendix A (Capital Improvements Plan Projects) by the dates specified in Appendix A (Capital Improvements Plan Projects). The 14 City shall provide notice and certification to EPA, in accordance with the requirements of Section XV (Notices), when all projects identified in Appendix A have been completed. In each Annual Report required by Section VII (Reporting Requirements), the City shall include a progress update for each capital improvement project contained in Appendix A (Capital Improvements Plan Projects). B. Cleaning of Gravity Sewer Mains System-Wide Sewer Collection System Cleaning. The City shall implement a program of cleaning that results in the cleaning or inspection of every Gravity Sewer Main within the Sewer Collection System, including the Small Diameter Gravity Sewer Mains cleaned and inspected pursuant to Paragraph 9, within ten (10) years of the Effective Date (“System- Wide Cleaning Program”), except that the City is not required to clean Large Diameter Gravity Sewer Mains it otherwise inspects and assesses pursuant to Paragraph 16. For purposes of this Section, cleaning shall mean the removal of FOG, debris, roots, and/or any other deposits from the interior of any Gravity Sewer Main. “Cleaning Findings” are data and information gathered during initial and repeat inspections and cleanings of Gravity Sewer Mains, including, but not limited to, CCTV findings and SSO root-cause findings. For Gravity Sewer Main cleaning requirements, the city-owned portions of sewer laterals are not subject to the cleaning requirements within Paragraphs 14 through Paragraph 16, except as required by the City’s SSO Response Plan referenced in Paragraph 38. The System-Wide Cleaning Program shall be conducted in accordance with the provisions of this subsection V.B. and Appendix B (Corpus Christi System-Wide Cleaning Program Process and Guidelines). Small Diameter Gravity Sewer Main Cleaning. The City shall clean all Small Diameter Gravity Sewer Mains as follows: 15 a. All cleaning and inspection activities performed by the City since July 1, 2016 that conform to the requirements of Paragraphs 14 and 15 shall be credited towards the City’s compliance requirements under this Paragraph. b. The City shall clean Small Diameter Gravity Sewer Mains in Subdivisions prioritized using the Prioritization Approach on a schedule consistent with Paragraph 9.b.i and this Paragraph 15. c. Annual Minimum Cleaning Requirement. Each calendar year (prorated for any partial year after the Effective Date), the City shall clean, at a minimum, an amount of Small Diameter Gravity Sewer Mains (measured in pipe miles) equaling twelve (12) percent of the total number of pipe miles of all Small Gravity Sewer Mains. d. Repeat Cleanings and Evaluation of Cleaning Findings. The City shall continue to implement a repeat cleaning program (the “Hot Spot Program”) to re-clean specific Small Diameter Gravity Sewer Mains after initial cleaning of the Small Diameter Gravity Sewer Mains. Notwithstanding any existing requirements for determining the frequency of re-cleaning, after the Effective Date the frequency of re-cleaning as part of the Hot Spot Program shall be updated based on Cleaning Findings. Cleaning Findings shall also be used to evaluate the routine repeat cleaning frequency for each Small Diameter Gravity Sewer Main on an ongoing basis as part of the City’s CMOM Plan. e. The City may credit both the pipe miles of any initial cleaning and the pipe miles of any Hot Spot Program cleaning completed during a given calendar year toward the annual twelve (12) percent requirement of this subsection V.B., 16 without regard to whether the location of the initial cleaning and the location of the Hot Spot Program cleaning are physically overlapping and even if the same pipe segment or portion of a pipe is cleaned as part of the initial cleaning requirement and Hot Spot Program cleaning in the same calendar year. Large Diameter Gravity Sewer Main Cleaning. The City shall clean or inspect all Large Diameter Gravity Sewer Mains as follows: a. Initial Inspections. The City shall inspect all manholes providing access to Large Diameter Gravity Sewer Mains within four (4) years after the Effective Date. As part of each inspection, the City shall measure the depth of debris in the associated Large Diameter Gravity Sewer Main at the upstream and downstream manholes. b. Cleaning. The City shall clean each Large Diameter Gravity Sewer Main segment for which the depth of debris, measured at either the upstream or downstream manhole, exceeds twenty (20) percent of the pipe diameter. No less than thirty (30) percent of all Large Diameter Gravity Sewer Main segments for which the depth of debris exceeds twenty (20) percent shall be cleaned within six (6) years of the effective date and no less than sixty (60) percent of such sewer segments shall be cleaned within eight (8) years of the effective date. All such cleaning shall be completed within ten (10) years of the Effective Date. c. Re-inspection Frequency. Any Large Diameter Gravity Sewer Main segment found to have a depth of debris, measured at either the upstream or the downstream manhole, that exceeds twenty (20) percent of the pipe diameter shall be re-inspected within five (5) years of the date that Large Diameter 17 Gravity Sewer Main is inspected unless such main is cleaned within that five (5) year period, in which case it will be re-inspected within five (5) years of the date that main is cleaned. Re-cleaning and re-inspection frequencies for all other Large Diameter Gravity Mains will be determined as part of the CMOM Plan. d. All cleaning and inspection activities performed by the City since January 1, 2012 that conform to the requirements of this Paragraph shall be credited toward the City’s compliance requirements. Referral of Gravity Sewer Mains for CCTV Inspection. When Cleaning Findings indicate that any Gravity Sewer Main may have a significant structural defect, each such Gravity Sewer Main shall be inspected using CCTV and assessed in accordance with Appendix E (Condition Assessment and Remedial Measures Approach). A Gravity Sewer Main “may have significant structural defect” for purposes of this Paragraph if, inter alia: a. a cleaning tool cannot be passed through the pipe; b. pieces of broken pipe are observed at the downstream manhole; or c. a significant quantity of recently infiltrated soil is observed at the downstream manhole. C. Condition Assessment and Remedial Measures Approach The City shall conduct a system-wide inspection, assessment and Remedial Measures program that evaluates the structural condition of its Gravity Sewer Mains, manholes, Force Mains, and lift stations within the Sewer Collection System by implementing the inspection, assessment and Remedial Measures requirements of Paragraphs 19-27 . For Gravity Sewer Main inspection requirements, the full length of the city-owned portions of sewer laterals are not required to be inspected beyond what is typically visible during an inspection of a lateral 18 connection point to the Gravity Sewer Main. Condition defects identified within the city-owned portions of sewer laterals causing or significantly contributing to SSOs shall be addressed in a manner consistent with the SSO Response Plan and CMOM Plan. Based on the criteria included in the applicable following paragraphs, all such facilities inspected pursuant to Paragraph 19 shall be subject to: (a) the requirements of Paragraph 20 (Priority Projects), (b) the Condition Remedial Measures Alternatives Analyses, pursuant to Paragraph 23, or (c) the Performing Assets Program, pursuant to Paragraph 27. Inspection Assessment Criteria. a. Gravity Sewer Mains. The City shall inspect and assess, in accordance with the rating criteria set forth in Appendix E (Condition Assessment and Remedial Measures Approach) and the deadlines set forth in Paragraph 9, all Gravity Sewer Mains not installed, rehabilitated, or replaced more recently than ten (10) years prior to the Effective Date. Any Gravity Sewer Main that has been inspected after January 1, 2010, in a manner consistent with the requirements of Paragraphs 19.a.i and 19.a.ii and for which the City has retained video inspection records sufficient to allow identification of the applicable structural condition category listed in Appendix E (Condition Assessment and Remedial Measures Approach) shall be credited toward the City’s compliance with this subsection V.C., provided that the City has also completed an assessment for each such Gravity Main in accordance with Appendix E (Condition Assessment and Remedial Measures Approach) and has included the results of any such assessment in the Condition Assessment Report. 19 i. Large Diameter Gravity Sewer Main Inspection. For Large Diameter Sewer Main inspections, the City may use CCTV, sonar, 360-degree video, laser imaging, visual inspection, physical entry, or other techniques commonly used by other sewer management agencies. ii. Small Diameter Gravity Sewer Main Inspection. 1. CCTV Inspection of Gravity Sewer Mains. The City shall use CCTV to inspect the following Small Diameter Gravity Sewer Mains: a. All Small Diameter Gravity Sewer Mains inspected pursuant to Paragraph 9.b made of any material other than polyvinyl chloride (“PVC”). However, this paragraph does not apply to those Gravity Sewer Mains that have been slip-lined, CIPP lined, replaced, or pipe-burst, which are to be inspected pursuant to the requirements of Paragraphs 27 (Performing Assets Program) or 19.a.ii.3; b. Any Small Diameter Gravity Sewer Main referred in accordance with Paragraph 17 (Referral of Gravity Sewer Mains for CCTV Inspection); c. In Subdivisions addressed as part of the Performing Asset Program, all Small Diameter Gravity Sewer Mains that were installed before 1974 and are made of any material other than PVC. However, this paragraph does not apply to those Small Diameter Gravity Sewer Mains that have been slip-lined, 20 CIPP lined, replaced, or pipe-burst, which are to be inspected pursuant to the requirements of Paragraphs 27 (Performing Assets Program) and 19.a.ii.3; 2. In Subdivisions addressed as part of the Performing Asset Program, the City must use CCTV or pole camera(s) to inspect all Small Diameter Gravity Sewer Mains made of any material other than PVC that were installed between 1974 and 1982, inclusive. 3. All Other Small Diameter Gravity Sewer Mains. The City shall inspect all other Small Diameter Gravity Sewer Mains (i.e., PVC Small Diameter Gravity Sewer Mains, Performing Assets Small Diameter Gravity Sewer Mains installed between 1983 and the date ten (10) years prior to the Effective Date, inclusive, and Gravity Sewer Mains that have been slip-lined, CIPP lined, replaced, or pipe-burst) using one or more of the following techniques: a. CCTV, b. pole camera, c. smoke testing, d. review of information from sewer cleaning, e. dye t esting, f. mechanical proofing, and g. other techniques commonly used by other sewer management agencies. 21 When inspections conducted using any of the non-CCTV techniques listed above indicate that structural defects may be present, the City shall inspect the affected Gravity Sewer Main Segment using CCTV. b. Manholes. The City shall visually inspect all manholes except those for which it has documentation of a visual inspection conducted after January 1, 2010, sufficient to assess the physical condition of the manhole. All inspections of manholes associated with Small Diameter Gravity Sewer Mains shall be conducted during the same time frame used for the inspection of the associated Small Diameter Gravity Sewer Main, or sooner. The City shall assess the condition of each inspected manhole in accordance with Appendix E (Condition Assessment and Remedial Measures Approach). c. Force Mains and Air Relief Valves. The City shall inspect and assess each Force Main in the Sewer Collection System, together with its air relief valves in accordance with the criteria below: i. Force Mains. All Force Mains shall be inspected by visually examining any exposed area of a Force Main and the ground surface over the entire length of buried Force Mains. When an examination of the exposed area of a Force Main or the ground surface over any Force Main reveals evidence of Force Main failure, the relevant section of Force Main shall be excavated and physically examined. Force Mains that have been inspected since 2015 in a manner consistent with the requirements of this Paragraph 19.c. and for which the City has retained inspection records suitable to identify the condition shall be credited toward the City’s 22 compliance with this subsection V.C., so long as any defects identified that are likely to cause or significantly contribute to the future occurrence of an SSO or SSOs are addressed pursuant to Paragraph 20 (Priority Projects) or subject to Condition Remedial Measures Alternatives Analysis. ii. Force Main Air Relief Valves. All air relief valves shall be inspected to identify defects that may cause or contribute to SSOs. Force Main air relief valves that have been inspected since 2015 and prior to the Effective Date in a manner consistent with this paragraph 19.c. and for which the City has retained inspection records suitable to identify the condition shall be credited toward the City’s compliance with this subsection V.C., so long as the City demonstrates that it has completed all repairs of defects that may cause or contribute to an SSO or SSOs identified in such inspections or completes such repairs within 180 Days after the Effective Date. d. Lift Stations. All lift station inspections shall be conducted using the lift station checklist included as Appendix E (Condition Assessment and Remedial Measures Approach) to this Consent Decree. Lift stations that have been inspected since 2015 for which the City has retained inspection records suitable to identify the condition category in accordance with Appendix E (Condition Assessment and Remedial Measures Approach) shall be credited toward the City’s compliance with this subsection V.C. 23 Priority Projects. Beginning on the Effective Date and continuing on an ongoing basis until four (4) years from the Effective Date, the City shall identify the Priority Projects using the results of all inspections performed pursuant to Paragraph 19 (Inspection Assessment Criteria), and any other source(s) of information reasonably available, including customer complaints, service calls, information discovered during the Wet Weather SSO Verification Process, Cleaning Findings, and conditions discovered during maintenance activities. a. Priority Projects shall include projects necessary to remediate: i. any defect that is: (1) causing any Small Diameter Gravity Sewer Main to be rated D or E, according to the applicable table in Appendix E (Condition Assessment and Remedial Measures Approach), and (2) likely to cause or significantly contribute to an SSO before the submission of the Condition Remedial Measures Plan; ii. any defect that is: (1) causing any manhole to be rated D or E, according to the applicable table in Appendix E (Condition Assessment and Remedial Measures Approach), and (2) likely to cause or significantly contribute to an SSO before the submission of the Condition Remedial Measures Plan; iii. any defect in any component of any lift station that: (1) receives a rating of “poor,” according to the applicable table in Appendix E, and (2) is likely to cause or significantly contribute to an SSO before the submission of the Condition Remedial Measures Plan; iv. any Force Main found to have a defect likely to cause or significantly contribute to an SSO before the submission of the Condition Remedial Measures Plan; 24 v. any air relief valve found to have a defect that may cause or contribute to an SSO shall be repaired as soon as practicable, but not longer than 180 Days after discovery or 180 Days after the Effective Date, whichever is later; and vi. any other defect the City identifies as having caused or significantly contributed to, or being likely to cause or significantly contribute to an SSO before the submission of the Condition Remedial Measures Plan. b. All Priority Projects shall be implemented as soon as practicable, and they must be completed not later than six and a half (6.5) years after the Effective Date, except as provided in Paragraph 20.c. Defects identified pursuant to this Paragraph that require remediation but have not caused and are not likely to cause or significantly contribute to an SSO before the submission of the Condition Remedial Measures Plan shall be identified and addressed in the Condition Remedial Measures Plan. c. Priority Projects that require permitting or coordination with Capacity Remedial Measures may be monitored and completed as part of the Capacity Remedial Measures Plan. Any Priority Project that meets the criteria of this Paragraph and which the City decides to monitor and complete as part of the Capacity Remedial Measures Plan shall be identified in writing to EPA in the Annual Report for the year in which the Priority Project is identified as needing such permitting or coordination. Priority Projects that meet the criteria of this Paragraph 20.c. and which are identified in writing to EPA are not required to be completed within six and a half (6.5) years after the Effective Date. 25 d. The range of solutions and techniques used to complete Priority Projects shall be consistent with Appendix E (Condition Assessment and Remedial Measures Approach), where applicable, and long term compliance with the CWA. Condition Assessment Report. Within four and a half (4.5) years of the Effective Date, the City shall submit to EPA for review and comment, in accordance with Section VI (Review of Deliverables), a report describing the results of the Condition Assessment and Remedial Program (“Condition Assessment Report”). The Condition Assessment Report shall list all assessments and Condition Remedial Measures completed during the first four (4) years after the Effective Date, and describe all Priority Projects. The Condition Assessment Report shall address the following Sewer Collection System assets: a. all Gravity Sewer Mains assessed in the first four (4) years after the Effective Date; b. all manholes associated with Small Diameter Gravity Sewer Mains inspected in the first four (4) years after the Effective Date; c. all manholes associated with Large Diameter Gravity Sewer Mains; d. all lift stations; e. all air relief valves; and f. all Force Mains. The Condition Assessment Report shall conform to the template included as Appendix F (Condition Assessment Report Template) to this Consent Decree. Condition Remedial Measures Alternatives Analysis. Following the submittal of the Condition Assessment Report, the City shall continue to analyze and assess the techniques available to address condition-related defects identified in the Sewer Collection System that were 26 not remediated pursuant to Paragraph 20 (Priority Projects). The City shall select Condition Remedial Measures for all assets identified as requiring remedial action based upon criteria such as the long‐term performance of the asset; the consequences of failure of the asset; the cost of maintaining the asset; the type and severity of the defect(s); the past performance of similar assets; and the historical operation and maintenance of the asset (e.g. overflows, inspections, Cleaning Findings, cleaning frequency, previous remediation, customer complaints, and other unique circumstances for each individual asset). The range of techniques shall be consistent with Appendix E (Condition Assessment and Remedial Measures Approach) and long term compliance with the CWA. Unless remediated pursuant to Paragraph 20 (Priority Projects), the following assets shall be included in the Condition Remedial Measures Alternative Analysis: a. all Gravity Sewer Mains rated D or E; b. all manholes rated D or E; c. any component of any lift station affecting the conveyance of waste water, as provided in the lift station checklist included as Appendix E (Condition Assessment and Remedial Measures Approach) to this Consent Decree, that receives a rating of “poor;” d. any air relief valve found to have a defect likely to cause or contribute to an SSO; and e. any Force Main found to have a defect likely to cause or contribute to an SSO. Condition Remedial Measures Plan. Within five and a half (5.5) years of the Effective Date, the City shall submit to EPA for review and approval, in accordance with Section VI (Review of Deliverables), a plan that identifies specific Condition Remedial Measures, monitoring mileage/count, and compliance schedules for completing Condition Remedial Measures for all assets subject to the Condition Remedial Measures Alternatives Analysis 27 (“Condition Remedial Measures Plan”) in accordance with Appendix E (Condition Assessment and Remedial Measures Approach). The schedule and prioritization for implementation of Condition Remedial Measures shall be based on: the severity of defects identified; frequency and history of SSOs; pipe size, age and material; maintenance history; appropriate grouping of Sewer Collection System assets for bid packages; scheduling practicalities; coordination with Capacity Remedial Measures; and other appropriate factors. Taking into account the factors listed in the preceding sentence, the City shall schedule Priority Projects as early as practicable in the schedule for Condition Remedial Measures. The Condition Remedial Measures Plan shall adhere to the format and content of the Condition Remedial Measures Plan Template provided in Appendix G (Condition Remedial Measures Plan Report Template). The Condition Remedial Measures Plan shall describe the City’s plans to implement all Condition Remedial Measures on a balanced annual basis and shall include a specific completion year for each project. All Condition Remedial Measures must be completed within fifteen (15) years of the Effective Date, except as set forth in Paragraphs 31 and 32. Condition Remedial Measures Implementation. The City shall implement the Condition Remedial Measures Plan following receipt of EPA’s written approval. The City shall complete all approved Condition Remedial Measures by the completion deadlines in the approved Condition Remedial Measures Plan. Any modifications to any approved Condition Remedial Measures Plan shall be made in accordance with Section XIX (Modification). Early Implementation of Condition Remedial Measures. The City may implement Condition Remedial Measures generated by and consistent with the process in Appendix E (Condition Assessment and Remedial Measures Approach) before receiving approval of the Condition Remedial Measures Plan or before the scheduled date of completion in an approved 28 Condition Remedial Measures Plan. EPA reserves the right to review and approve, in accordance with Section VI (Review of Deliverables), all Remedial Measures, including those completed before the submission of the Condition Remedial Measures Plan. All Remedial Measures shall be documented in the Annual Report for the year in which the Remedial Measures are completed. Performing Assets Program. Beginning on or before four (4) years after the Effective Date and continuing until all Condition Remedial Measures are completed, the City shall implement a program (“Performing Assets Program”) of inspection, assessment and remediation of all Gravity Sewer Mains and manholes associated with Small Diameter Gravity Sewer Mains that are in Subdivisions not prioritized using the Prioritization Approach and which were not inspected on a schedule consistent with Paragraph 9.b.i. A detailed description of the Performing Assets Program is included in the CMOM Plan. As part of the Performing Assets Program, the City shall: a. inspect and assess, in accordance with Paragraph 19.a and the rating criteria set forth in Appendix E (Condition Assessment and Remedial Measures Approach), all Gravity Sewer Mains in Subdivisions not prioritized using the Prioritization Approach and which were not inspected on a schedule consistent with Paragraph 9.b.i; b. inspect and assess, in accordance with Paragraph 19.b and the rating criteria set forth in Appendix E (Condition Assessment and Remedial Measures Approach), the condition of each manhole associated with a Small Diameter Gravity Sewer Main in Subdivisions not prioritized using the Prioritization Approach and which were not inspected on a schedule consistent with Paragraph 9.b.i; 29 c. analyze and assess the techniques available to address condition related defects identified pursuant to Paragraphs 27.a-b, and then select Condition Remedial Measures. Condition Remedial Measure selection shall be based upon criteria such as the long‐term performance of the asset; the consequences of failure of the asset; the life-cycle cost of maintaining the asset; the type and severity of the defect(s); the past performance of similar assets; and the historical operation and maintenance of the asset (e.g. overflows, inspections, Cleaning Findings, cleaning frequency, previous remediation, customer complaints, and other unique circumstances for each individual asset). The range of techniques selected shall be consistent with Appendix E (Condition Assessment and Remedial Measures Approach), as applicable, and long-term compliance with the CWA; and d. schedule and complete Condition Remedial Measures for all assets identified as requiring remedial action as part of the Performing Assets Program such that all Condition Remedial Measures are completed within fifteen (15) years of the Effective Date, except as set forth in Paragraphs 31 and 32. D. Capacity Assessment and Remedial Measures Approach System-Wide Sewer Collection System Capacity Assessment. The City shall conduct a system-wide capacity assessment of the Sewer Collection System (“Capacity Assessment”) in accordance with Paragraphs 28 through 29 and the Capacity Assessment and Remediation Program Process Guidelines in Appendix D (Capacity Assessment and Remedial Measures Approach). The purpose of the Capacity Assessment is to identify Capacity Constraints within the Sewer Collection System that have caused or significantly contributed to a 30 previous SSO or SSOs, or are likely to cause or significantly contribute to the future occurrence of SSOs. The Capacity Assessment shall evaluate the capacity of the Sewer Collection System using the following series of hydraulic modeling and investigative steps and in accordance with the requirements set forth in Appendix D (Capacity Assessment and Remedial Measures Approach): a. Wet Weather SSO Characterization. The City shall complete a process to determine whether prior wet weather SSOs that occurred during or immediately following rain events that exceed one (1) inch over a 24-hour period may have been wholly or partially caused by potential Capacity Constraints in the Sewer Collection System (“Wet Weather SSO Characterization Process”). As part of the Wet Weather SSO Characterization Process, the City shall evaluate each wet weather SSO that occurred during or immediately following a rain event that exceed one (1) inch over a 24-hour period in the four (4) years preceding the Effective Date through the date three (3) years after the Effective Date. The City shall complete its evaluation of each wet weather SSO in accordance with Appendix D (Capacity Assessment and Remedial Measures Approach), which may include, but is not limited to, the following actions: i. reviewing available records regarding the wet weather SSO; ii. discussions with staff that performed the post-wet weather SSO investigation; and iii. consulting with cleaning and repair crews to obtain information about maintenance issues and/or structural defects found at the wet weather SSO site. 31 b. The City shall categorize each SSO evaluated as part of the Wet Weather SSO Characterization Process as either category “A,” “B,” or “C” in accordance with Appendix D (Capacity Assessment and Remedial Measures Approach). c. If the Wet Weather SSO Characterization Process determines that a potential Capacity Constraint may have caused or significantly contributed to a wet weather SSO (Category A or B), the City shall perform field investigations in accordance with Paragraph 28.g. d. If the Wet Weather SSO Characterization Process determines that maintenance issues and/or condition-related issues caused, likely caused, or significantly contributed to a wet weather SSO (likely Category B or C), the City shall address such issues in accordance with the provisions contained in subsection V.B (Cleaning of Gravity Sewer Mains), subsection V.C (Condition Assessment and Remedial Measures Approach), or subsection V.F (CMOM) of this Consent Decree, as appropriate. e. Hydraulic Modeling Evaluation. The City shall use the Hydraulic Model to estimate the hydraulic capacities of the Sewer Collection System and compare these capacity estimates to flow estimates at existing and projected average and peak dry weather and wet weather flow levels (“Hydraulic Modeling Evaluation Process”). The City shall use the Hydraulic Modeling Evaluation Process to identify potential Capacity Constraints in discrete components or groups of components of the Sewer Collection System that are likely to cause or significantly contribute to the future occurrence of SSOs within the assessment parameters of the Hydraulic Model. 32 f. Consolidate and Prioritize Capacity Constraints. The City shall use the Wet Weather SSO Characterization Process and Hydraulic Modeling Evaluation Process as screening tools to identify all portions of the Sewer Collection System that have potential Capacity Constraints that may have caused or significantly contributed to previous SSOs and/or that may cause or significantly contribute to the future occurrence of SSOs. The City shall prioritize potential Capacity Constraint locations in accordance with the five- level scale set forth in Appendix D (Capacity Assessment and Remedial Measures Approach) and the City shall further evaluate each identified as a priority 1 through 4 potential Capacity Constraint location by conducting field investigations, as set forth in Paragraph 28.g and in accordance with the criteria described in Appendix D (Capacity Assessment and Remedial Measures Approach). g. Field Investigations. At each location having a priority 1 through 4 potential Capacity Constraint, based on the prioritization conducted pursuant to Paragraph 28.f, the City shall perform field investigation activities in accordance with the requirements of Appendix D (Capacity Assessment and Remedial Measures Approach), unless removed as a priority 1 through 4 potential Capacity Constraint based upon updated modeling consistent with such Appendix D or the City determines without field investigation that a Capacity Constraint actually exists. Other than potential Capacity Constraints removed as priority 1 through 4 potential Capacity Constraints based upon updated modeling, potential Capacity Constraints for which the City decides not 33 to perform field investigations shall be treated as Verified Capacity Constraints, as that term is defined below. Such field investigations shall be conducted in order of priority, pursuant to Paragraph 28.f. No later than four (4) years from the Effective Date, the City shall complete field investigations for each potential Capacity Constraint using appropriate field investigation techniques. The specific investigation activities to be performed for each such location shall be determined based on the available information for each location, in accordance with the process described in Appendix D (Capacity Assessment and Remedial Measures Approach). For each field investigation location, the City shall: i) monitor the Capacity Constraint location until at least one (1) rain event that exceeds one (1) inch over a 24-hour period occurs and, ii) based on whether the location exhibits a significant wet weather response, verify whether a Capacity Constraint within the hydraulic model’s assessment parameters exists (“Verified Capacity Constraints”). If no such wet weather event occurs at a field investigation location by four (4) years from the Effective Date, the City shall continue to monitor that location under the CMOM Plan required by subsection V.F (CMOM). h. Capacity Assessment Summary Report. By no later than four and a half (4.5) years from the Effective Date, the City shall submit to EPA for review and comment, in accordance with Section VI (Review of Deliverables), a report that summarizes the activities undertaken, a list of potential Capacity Constraints from the Hydraulic Model and Wet Weather SSO Characterization Process, and a list and map of Verified Capacity Constraints that were identified 34 as part of the Capacity Assessment (“Capacity Assessment Summary Report”) as of four (4) years from the Effective Date. The Capacity Assessment Summary Report shall conform to the format and provide the content required by the Capacity Assessment Report Template set forth in Appendix H (Capacity Assessment Report Template). If the Wet Weather SSO Characterization Process and Field Investigation Process (as identified in Appendix D (Capacity Assessment and Remedial Measures Approach)) determines that a wet weather SSO was most likely caused by a maintenance issue or condition-related issue (category B or C), the Capacity Assessment Summary Report shall summarize how those SSO locations have been addressed in accordance with subsection V.B (Cleaning of Gravity Sewer Mains), subsection V.C (Condition Assessment and Remedial Measures Approach), or subsection V.F (CMOM), as appropriate. i. Capacity Remedial Measures Alternatives Analysis. i. Following the submission of the Capacity Assessment Summary Report, the City shall complete an analysis of the available Remedial Measures to address Verified Capacity Constraints in accordance with the process and guidelines identified in Appendix D (Capacity Assessment and Remedial Measures Approach) (“Capacity Remedial Measures Alternatives Analysis”). The City shall perform an alternatives analysis for each Verified Capacity Constraint location where a Capacity Constraint exists that has caused, likely caused, or significantly contributed to a previous SSO or SSOs and/or that is 35 likely to cause or contribute to the future occurrence of an SSO or SSOs. ii. Based upon the results of the Capacity Remedial Measures Alternatives Analysis of Verified Capacity Constraints, the City shall select an appropriate Capacity Remedial Measure or other action consistent with Appendix D (Capacity Assessment and Remedial Measures Approach) for each Verified Capacity Constraint location. The City’s prioritization and selection of Capacity Remedial Measures shall be based on appropriate factors such as, but not limited to: the severity of Verified Capacity Constraints; frequency and history of SSOs; pipe characteristics, including size, age, and material; appropriate grouping of Sewer Collection System assets for bid packages; and scheduling practicalities. The City shall determine the most practical solution for resolving all Verified Capacity Constraints considering both the long-term performance of each asset and the life-cycle cost for maintaining each asset in permanent service. The range of solutions and techniques considered shall be consistent with Appendix D (Capacity Assessment and Remedial Measures Approach). The Capacity Remedial Measures Alternatives Analyses shall consider the TCEQ-required growth projection that is current as of the date of the analysis being performed. Capacity Remedial Measures Plan. By no later than five and a half (5.5) years after the Effective Date, the City shall submit to EPA for review and approval, in accordance with 36 Section VI (Review of Deliverables), a plan that maps, lists, and describes the City’s recommended Capacity Remedial Measures, including monitoring mileage/count, that were prioritized and selected from the Remedial Measures Alternatives Analysis, in accordance with Appendix D (Capacity Assessment and Remedial Measures Approach), to address Verified Capacity Constraints identified in the Capacity Assessment Summary Report (“Capacity Remedial Measures Plan”) as having caused or significantly contributed to a previous SSO or SSOs and/or likely to cause or significantly contribute to the future occurrence of an SSO or SSOs. The Capacity Remedial Measures Plan shall describe the City’s plans to implement all Capacity Remedial Measures on a balanced annual basis during the term of the Consent Decree, taking into account: the likelihood of future SSOs; coordination with Condition Remedial Measures; permitting requirements; the timeline for easement acquisitions; the appropriate grouping of Sewer Collection System assets for bid packages; contractor capacity; and scheduling practicalities. The Capacity Remedial Measures Plan shall include the specific completion year for each project. The Capacity Remedial Measures Plan shall adhere to the format and content of the Capacity Remedial Measures Plan Template provided in Appendix I (Capacity Remedial Measures Plan Report Template). Capacity Remedial Measures Implementation. The City shall implement the Capacity Remedial Measures Plan following receipt of EPA’s written approval. Any modifications to any approved Capacity Remedial Measures Plan shall be made in accordance with Section XIX (Modification). All Capacity Remedial Measures must be completed within fifteen (15) years of the Effective Date except as set forth in Paragraphs 31 and 32. E. WWTP Consolidation and Oso WWTP Alternative WWTP Consolidation. Within four and a half (4.5) years of the Effective Date, the City may submit to EPA for review and approval a written notice of the City's intent to 37 consolidate two (2) or more of its existing WWTPs or to construct one or more new WWTP(s) (“Consolidation Notice”). The Consolidation Notice must include a list of any WCTS Sub- basins that will be impacted by any WWTP consolidation or construction projects (“Consolidation Impacted Sub-basins”). The Consolidation Notice shall also include a map depicting each Consolidation Impacted Sub-basin and an explanation of what the expected impacts will be. EPA shall act upon the Consolidation Notice within ninety (90) Days of the City’s submission of the Consolidation Notice. If EPA disagrees with the inclusion of any Sub- basin on the list of Consolidation Impacted Sub-basins, EPA may so notify the City within ninety (90) Days of the date the Consolidation Notice is received by EPA and that Sub-basin shall not be considered a Consolidation Impacted Sub-basin. Disagreements concerning the designation of Consolidation Impacted Sub-basins shall be resolved using the dispute resolution provisions of Section XII (Dispute Resolution). Except as provided in Paragraph 32, all Remedial Measures in all Consolidation Impacted Sub-basins shall be completed, in accordance with the requirements of subsections V.C (Condition Assessment and Remedial Measures Approach) and V.D. (Capacity Assessment and Remedial Measures Approach), no later than sixteen (16) years from the Effective Date. Oso WWTP Alternative. In the event of an EPA Denial or if no final action is taken with respect to the 2018 TCEQ-adopted Texas Surface Water Quality Standards relating to Segments 2485 – Oso Bay and 2486 – Blind Oso Bay, pursuant to 40 C.F.R. § 131.21(a) after eight (8) years of the Effective Date, the City may elect to follow the procedures set forth in this Paragraph 32. a. Within one year of the date of the EPA Denial, or if no final action is taken after eight (8) years of the Effective Date, and no later than nine (9) years after the 38 Effective Date, the City may submit to EPA for review and approval, in accordance with Section VI (Review of Deliverables), a written notice of the City’s intent to pursue an Oso WWTP Alternative (the “Oso Notice”). The Oso Notice must include a list of any WCTS Sub-basins that will be impacted by any Oso WWTP Alternative project (“Oso Alternative Impacted Sub-basins”). The Oso Notice shall also include a map depicting each Oso Alternative Impacted Sub-Basin and an explanation of what the expected impacts will be. EPA shall act upon the Oso Notice within ninety (90) Days of the City’s submission of the Oso Notice. If EPA disagrees with the inclusion of any Sub- basin on the list of Oso Alternative Impacted Sub-basins, EPA may so notify the City within ninety (90) Days of the date the Oso Notice is received by EPA and that Sub-basin shall not be considered an Oso Alternative Impacted Sub-basin. If EPA does not act upon the Oso Notice within ninety (90) Days of the City’s submission of the Oso Notice, the City may treat such non-action as a complete denial of the list of Oso Alternative Impacted Sub-Basins and may immediately invoke the formal dispute Resolution Process provided in Paragraph 88 (Formal Dispute Resolution). If EPA does act upon the Oso Notice within ninety (90) Days of the City’s submission of the Oso Notice, disagreements concerning the designation of Oso Alternative Impacted Sub-basins shall be resolved using the dispute resolution provisions of Section XII (Dispute Resolution). b. Upon EPA approval of an Oso Notice, any deadlines in an approved Condition Remedial Measures Plan or Capacity Remedial Measures Plan for Oso Alternative Impacted Sub-basins shall be suspended, except as provided in 39 Paragraph 32.e. Deadlines for all other Remedial Measures associated with assets outside of the Oso Alternative Impacted Sub-basin(s) shall remain in effect. If the Condition Remedial Measures Plan or Capacity Remedial Measures Plan have not yet been submitted, all timelines and requirements for the submission of those plans shall remain in effect for all assets outside Oso Alternative Impacted Sub-basins. c. Oso Alternative Remedial Measures Plan. Following EPA approval of an Oso Notice and no later than five and a half (5.5) years after the EPA Denial, the City shall submit to EPA for review and approval, in accordance with Section VI (Review of Deliverables), a plan that identifies specific Condition Remedial Measures, Capacity Remedial Measures, monitoring mileage/count, and compliance schedules for completing Condition and Capacity Remedial Measures for all assets in Oso Alternative Impacted Sub-Basins. The plan will be developed in accordance with the procedures set out in Paragraphs 23 (Condition Remedial Measures Alternatives Analysis), 24 (Condition Remedial Measures Plan), 28 (System -Wide Collection System Capacity Assessment), 29 (Capacity Remedial Measures Plan), and 30 (Capacity Remedial Measures Implementation) and shall adhere to the format and content of the Condition Remedial Measures Plan Template provided at Appendix G and the Capacity Remedial Measures Plan Template provided at Appendix I. d. Oso Alternative Remedial Measures Plan Extension. In the event that the City requires additional time beyond the time provided in Paragraph 32.c. above to identify specific Condition Remedial Measures, Capacity Remedial Measures, 40 monitoring mileage/count, and compliance schedules for completing condition or capacity remedial measures for certain assets in Oso Alternative Impacted Sub-basins, the City may include in its Oso Alternative Remedial Measures Plan a request for up to an additional one and a half (1.5) years to submit such information (“Extension Request”). The Extension Request shall specifically identify each asset in the WCTS for which (i) a condition-related defect or Verified Capacity Constraint exists and (ii) no Remedial Measure can be identified or scheduled at the time of submittal of the Oso Alternative Remedial Measures Plan. The request shall further explain the reason why no Remedial Measure can be identified or scheduled at the time of submittal of the Oso Alternative Remedial Measures Plan. If EPA approves the Extension Request, the City shall submit an update to the Oso Alternative Remedial Measures Plan as soon as practicable, but no later than seven (7) years from the EPA Denial, that identifies specific Condition Remedial Measures, Capacity Remedial Measures, monitoring mileage/count, and compliance schedules for completing Condition and Capacity Remedial Measures for all assets covered by the Extension Request. e. EPA approval of an Oso Notice shall not affect the requirements of Paragraph 14-17 (Cleaning of Gravity Sewer Mains), Paragraph 20 (Priority Projects) or Paragraph 27 (Performing Assets Program) except that for assets in Oso Alternative Impacted Subbasins, the final completion deadline for Priority Projects that require permitting or coordination with Capacity Remedial Measures as described in Paragraph 20.c., and Remedial Measures for assets 41 identified as requiring remedial action as part of the Performing Assets Program shall be as set forth in Paragraph 32.f. f. Final Deadlines. All Remedial Measures in all Oso Alternative Impacted Sub- basins shall be completed, in accordance with the requirements of subsections V.C. (Condition Assessment and Remedial Measures Approach) and V.D. (Capacity Assessment and Remedial Measures Approach), no later than eighteen (18) years from the Effective Date. All other Work shall be completed no later than fifteen (15) years from the Effective Date, except as provided in Paragraph 31. F. Capacity, Management, Operations and Maintenance (“CMOM”) CMOM Plan. Prior to the Date of Lodging, the City developed and is implementing a written plan in accordance with EPA’s 2005 guidance entitled “Guide for Evaluating Capacity, Management, Operation and Maintenance Programs at Sanitary Sewer Collection Systems” (“CMOM Plan”). The City shall continue to implement the CMOM Plan. On or after the Date of Lodging, the City may, as appropriate, make updates or revisions to the CMOM Plan that are consistent with industry standards. Such updates or revisions shall not eliminate any CMOM requirement contained in the plan in effect as of the Date of Lodging or result in a program that is less effective at preventing SSOs. The City shall provide a summary of any updates or revisions to EPA and TCEQ in its Annual Report for the year in which the update or revision occurred, and shall provide a complete copy of the updated CMOM Plan upon a request from EPA or the State. Provided that such updates or revisions meet the requirements of this Paragraph 34, they shall not be considered modifications to the Consent Decree for purposes of Section XIX (Modification). If EPA, after consultation with 42 TCEQ, disapproves of any update or revision made to the CMOM Plan, EPA shall notify the City in writing and describe any disapproval. If EPA so notifies the City, the version of the CMOM Plan in force prior to the disapproved update or revision shall remain in effect. Disagreements arising from either Plaintiff’s disapproval concerning updates or revisions to the CMOM Plan shall be resolved using the dispute resolution provisions of Section XII (Dispute Resolution). Fats, Oils, and Grease Control Program. The City has developed and is implementing a Fats, Oils and Grease (“FOG”) control program as described in the City’s FOG Program Manual (“FOG Control Program”). The City shall continue to implement the FOG Control Program as described in the FOG Program Manual. The City may make updates or revisions to the FOG Program Manual that are consistent with industry standards. Such updates or revisions will not be considered modifications of the Consent Decree for purposes of Section XIX (Modification). Within thirty (30) Days of making any change to the FOG Program Manual, the City shall provide written notification to EPA. If EPA, after consultation with TCEQ, disagrees with any update or revision made to the FOG Program Manual, EPA shall notify the City in writing and describe any disagreement. If EPA so notifies the City, the version of the FOG Plan in force prior to the disapproved update or revision shall remain in effect. Disagreements concerning updates or revisions to the FOG Program Manual shall be resolved using the dispute resolution provisions of Section XII (Dispute Resolution). In no event shall any change or revision of the FOG Control Program result in a less effective program for eliminating SSOs or result in the elimination of any of the following program elements: 43 a. the legal authority within the jurisdiction of the City to control the discharge of FOG into the WCTS, including the ability to implement an enforcement program; b. best practice requirements for generators of FOG for the management, operation, and maintenance of FOG control devices, including but not limited to requirements for onsite recordkeeping, cleaning frequency, cleaning standards, use of additives and ultimate disposal; c. routine compliance inspection procedures, including scheduling, inspection report forms and inspection recordkeeping requirements to assure that FOG control devices are being managed, operated, and maintained in accordance with the established management, operations, and maintenance standards or best management practices; d. an enforcement program, including specific enforcement mechanisms, to ensure compliance with the FOG Control Program; e. a compliance assistance program to facilitate training of FOG generators and their employees; f. a public education program directed at reducing the amount of FOG entering the WCTS from private residences; and g. performance indicators to be used by the City to conduct a periodic review to measure the effectiveness of the FOG Control Program. SSO Response Plan. The City has developed and is implementing a Sanitary Sewer Overflow Response Plan (the “SSO Response Plan”). The City shall continue to implement the SSO Response Plan. 44 The City may make updates or revisions to the SSO Response Plan that are consistent with industry standards. The City shall provide a summary of any updates or revisions to EPA and TCEQ in its Annual Report for the year in which the update or revision occurred. Provided that such updates or revisions meet the requirements of this Paragraph 39, they will not be considered modifications of the Consent Decree for purposes of Section XIX (Modification). If EPA, after consultation with TCEQ, disapproves of any update or revision made to the SSO Response Plan, EPA shall notify the City in writing and describe any disapproval. If EPA so notifies the City, the version of the SSO Response Plan in force prior to the disapproved update or revision shall remain in effect. Disagreements arising from either Plaintiff’s disapproval concerning updates or revisions to the SSO Response Plan shall be resolved using the dispute resolution provisions of Section XII (Dispute Resolution). Lift Station Response Plan. The City has developed and is implementing a written plan designed to guide and ensure the City’s timely response to power failures at its lift stations (“Lift Station Response Plan”). The City shall continue to implement the Lift Station Response Plan. The City may make updates or revisions to the Power Failure Response Plan that are consistent with industry standards. The City shall provide a summary of any updates or revisions to EPA and TCEQ in its Annual Report for the year in which the updates or revisions occurred. Provided that such updates or revisions meet the requirements of this Paragraph, they will not be considered modifications of the Consent Decree for purposes of Section XIX (Modification). If EPA, after consultation with TCEQ, disapproves of any update or revision made to the Power Failure Response Plan, EPA shall notify the City in writing and describe any disapproval. If either EPA or the State so notify the City, the version of the Power Failure 45 Response Plan in force prior to the disapproved update or revision shall remain in effect. Disagreements arising from either Plaintiff’s disapproval concerning updates or revisions to the Power Failure Response Plan shall be resolved using the dispute resolution provisions of Section XII (Dispute Resolution). VI. REVIEW OF DELIVERABLES Except as provided in Paragraphs 33 (CMOM Plan), 35 (FOG Plan), 38 (SSO Response Plan), and 40 (Lift Station Response Plan), each Deliverable is subject to review by EPA, in consultation with TCEQ, as further provided in Paragraphs 43 and 44. EPA agrees to use its best efforts to expeditiously review and take action on Deliverables that the City provides. Deliverables Subject to EPA Review and Approval. The Capacity Remedial Measures Plan, the Condition Remedial Measures Plan, and the Consolidation Notice shall be subject to the review and approval process as follows: a. EPA Action on Deliverables Subject to Review and Approval. After reviewing any Deliverable that the City is required to submit for review and approval to EPA pursuant to this Consent Decree, EPA shall, after consultation with TCEQ, notify the City in writing that EPA: (i) approves the Deliverable, in whole or in part; (ii) approves the Deliverable, in whole or in part, upon specified conditions; or (iii) disapproves the Deliverable, in whole or in part, providing comments identifying deficiencies and/or directing the City to modify the Deliverable. b. Approved Deliverables. If a Deliverable is approved, the City shall perform all actions required by the Deliverable, in accordance with the schedules and requirements of the Deliverable, as approved. If the Deliverable is conditionally approved or approved only in part, the City shall, upon written direction from 46 EPA, take all actions required by the Deliverable that EPA determines, after consultation with TCEQ, are technically severable from any disapproved portions, subject to the City’s right to dispute only the specified conditions or the disapproved portions under Section XII of this Decree (Dispute Resolution). c. Disapproved Deliverables. For any Deliverable that is disapproved in whole or in part, EPA shall provide a written explanation of how the Deliverable does not meet the requirements of the Consent Decree. If a Deliverable is disapproved in whole or in part, the City shall, within sixty (60) Days or such other time as EPA and the City agree to in writing, address all deficiencies and resubmit the Deliverable, or disapproved portion thereof, for EPA approval, in accordance with Paragraph 43.d (Resubmitted Deliverables). If the resubmission is approved in whole or in part, the City shall proceed in accordance with Paragraph 43.b. (Approved Deliverables). d. Resubmitted Deliverables. If a resubmitted Deliverable, or portion thereof, is disapproved in whole or in part, EPA, after consultation with TCEQ, may again require the City to address any deficiencies, in accordance with Paragraph 43.c (Disapproved Deliverables). EPA, after consultation with TCEQ, shall have the right to modify any disapproved or conditioned portion of the resubmitted Deliverable, subject to the City’s right to invoke Dispute Resolution pursuant to Section XII (Dispute Resolution) and the rights of the United States and the State to seek stipulated penalties as provided in Section IX (Stipulated Penalties). Upon either EPA’s approval of a resubmitted Deliverable or the City’s receipt of EPA’s modified Deliverable, the City shall perform all actions 47 required by the Deliverable, in accordance with the schedules and requirements of that Deliverable. Deliverables Subject to EPA Review and Comment. EPA may choose to provide written comments on Deliverables not identified as subject to the review and approval process in Paragraph 43 (Deliverables Subject to EPA Review and Approval), including the Capacity Assessment Report and the Condition Assessment Report. If EPA provides comments and EPA specifically requests a response from the City, then the City shall provide a written response to EPA within forty-five (45) days of receipt of such request. Accrual of Stipulated Penalties for all Deliverables. Any stipulated penalties applicable to an originally submitted Deliverable, as provided in Section IX (Stipulated Penalties), shall accrue during the 45-Day or other specified period for addressing and resubmitting a Deliverable or for providing any requested response to comment, but shall not be payable unless the resubmission or response is untimely, or the resubmitted Deliverable is disapproved in whole or in part. However, if the original Deliverable is found to be so deficient as to constitute a material breach of the City’s obligations under this Consent Decree, the stipulated penalties applicable to the original Deliverable shall be due and payable notwithstanding any subsequent resubmission or response to comment. In the event that a resubmitted Deliverable is disapproved, in whole or in part, or EPA issues a modified Deliverable to the City, stipulated penalties shall accrue from the Day that the original Deliverable was due until the Day that a subsequent resubmission is 48 approved by EPA or the Day the City receives the modified Deliverable from EPA, whichever is applicable. Public Document Repository. The City shall post to its public website the final EPA-approved versions of the Capacity Remedial Measures Plan and the Condition Remedial Measures Plan; and the City shall post to and maintain on its public website the most current version of the CMOM Plan, the FOG Control Program, the Lift Station Response Plan, and the SSO Response Plan (“Public Document(s)”). Each Public Document shall be posted within ninety (90) Days of the Effective Date or EPA approval, whichever is applicable, and shall remain on the website at least until this Consent Decree is terminated. VII. REPORTING REQUIREMENTS Quarterly Reporting of SSOs. Beginning no later than thirty (30) Days after the end of the first calendar quarter following the Effective Date, the City shall begin submitting to EPA a quarterly report that lists and contains information concerning all SSOs that occurred in the quarter before the report is submitted (“SSO Quarterly Report”). Each SSO Quarterly Report shall describe, for each SSO that occurred during the preceding calendar quarter, the date, time, location, source (i.e., information that identifies the component involved in the SSO), estimated duration, estimated volume, receiving water, suspected cause, and any response actions taken, and is due within thirty (30) Days after the end of the calendar quarter on which the City will report. If the City’s submittals to TCEQ required by its current TPDES permits and applicable Texas law include the information listed above, the City may satisfy this requirement by providing a copy to EPA and TCEQ of the written reports submitted to TCEQ. Annual Reports. On June 30 of each year during the term of this Consent Decree, the City shall submit to EPA and TCEQ for review and comment a report that contains a summary of the status and progress of all programs required by Section V (Remedial Measures, 49 Prioritization, and Schedules) and all Work completed in the previous calendar year (“Annual Report”). The Annual Report shall conform to the form and contain the content specified in the template provided in Appendix J (Annual Report Template). For the first Annual Report, the applicable reporting period shall be that portion of the calendar year between the Effective Date and the end of the calendar year if that period is at least six (6) months. If the period between the Effective Date and the end of the calendar year is less than six (6) months, then the first Annual Report shall be due on the second June 30 following the Effective Date and shall include the period from the Effective Date until the end of the second calendar year. Provisions Applicable to All Reports: a. all reports shall be certified in accordance with Section XVI (Certification); b. all reports shall be submitted electronically in a searchable format as to text included in such reports; and c. all reports shall be submitted to the persons designated in Section XV (Notices). The reporting requirements of this Consent Decree do not modify in any way or relieve the City of any reporting obligations under the CWA or its implementing regulations or any other federal, State, or local law, regulation, permit, or other requirement. VIII. CIVIL PENALTY The City shall pay a total civil penalty of $1,136,000 with one half ($568,000) payable to the United States and one half ($568,000) payable to the State. The civil penalty shall be paid in full within sixty (60) days of the Effective Date of this Consent Decree. In the event that full payment is not made within sixty (60) Days of the Effective Date of this Consent Decree, the City shall pay to the United States and the State interest on the balance due from the original due date to the date of full payment at the rate calculated pursuant 50 to 38 U.S.C. § 1961. The City will also be liable for stipulated penalties pursuant to Section IX (Stipulated Penalties). The City shall pay the civil penalty due to the United States by FedWire Electronic Funds Transfer (“EFT”) to the U.S. Department of Justice account, in accordance with written instructions to be provided to the City, following entry of the Consent Decree, by the Financial Litigation Unit of the U.S. Attorney’s Office for the Southern District of Texas (“FLU”). The payment instructions provided by the FLU will include a Consolidated Debt Collection System (“CDCS”) number, which the City shall use to identify all payments required to be made in accordance with this Consent Decree. The FLU will provide the payment instructions to: Assistant Director of Financial Services: Financial Services Department, 1201 Leopard Street, 4th Floor, Corpus Christi, Texas 78401; (361)826-3610; almac@cctexas.com. The City may change the individual to receive payment instructions on its behalf by providing written notice of such change to the United States and EPA in accordance with Section XV (Notices). Any payments received after 4 p.m. Eastern Time will be credited on the next business Day. At the time of payment, the City shall send notice that payment has been made: (1) to EPA via email at acctsreceivable.cinwd@epa.gov or via regular mail at EPA Cincinnati Finance Office, 26 Martin Luther King Drive, Cincinnati, Ohio 45268; (ii) to the United States via email or regular mail in accordance with Section XV (Notices); and (iii) to EPA in accordance with Section XV (Notices). Such notice shall state that the payment is for the civil penalty owed pursuant to the Consent Decree in United States of America and State of Texas v. City of Corpus Christi, and shall reference the civil action number and DOJ case number 90-5-1-1-10396. 51 The City shall pay the civil penalty due to the State by wire transfer to the Texas Comptroller of Public Accounts – Federal Reserve Clearing Account for the Office of the Attorney General: Financial Institution (short name): TX COMP AUSTIN Routing Number: 114900164 Account Name: Comptroller of Public Accounts Treasury Operations Account Number to Credit: 463600001 Reference: [Remitter’s Name], AG Case # 123380743, Priscilla M. Hubenak, Chief, Environmental Protection Division Attention: Office of the Attorney General, Kristy Lerma, Financial: Rptg At the time of payment, the City shall send a copy of the wire transfer authorization form and the wire transaction record, together with a transmittal letter, which shall state that the payment is for the civil penalty owed pursuant to the Consent Decree in United States of America and State of Texas v. City of Corpus Christi, and shall reference the civil action number and AG No. 123380743, to the State in accordance with Section XV (Notices). The City shall not deduct any penalties paid under this Decree pursuant to this Section VIII (Civil Penalty) or Section IX (Stipulated Penalties) in calculating its federal or state income tax. IX. STIPULATED PENALTIES A. Stipulated Penalties The City shall be liable for stipulated penalties to the United States and the State for violations of this Consent Decree as specified below, unless excused under Section XI (Force Majeure). A violation includes failing to perform any obligation required by the terms of this Decree, including any Work plan or schedule approved under this Decree, according to all 52 applicable requirements of this Decree, and within the specified time schedules established by or approved under this Decree. Failure to Submit Timely and Complete Deliverables. The City shall pay stipulated penalties, as set forth in the table below, to the United States and the State for each Day the City fails to (a) submit or complete, as applicable, by the due date(s) specified under this Consent Decree, any of the following Deliverables: (i) the Condition Assessment Report, (ii) the Condition Remedial Measures Plan, (iii) the Capacity Assessment Report, (iv) the Capacity Remedial Measures Plan, (v) the Oso Alternative Remedial Measures Plan, or (vi) any of the Deliverables specifically listed in this Paragraph 58 that is resubmitted to EPA; or (b) make a material change required by EPA to a Deliverable listed in this Paragraph 58, within the timeframe(s) specified by EPA for making such a change: Period of Noncompliance Penalties per Violation per Day 1st to 30th Day $500.00 31st to 60th Day $1,500.00 61st Day and Each Day Thereafter $3,000.00 Remedial Requirements. The City shall pay the following stipulated penalties to the United States and the State for each Day the City fails to complete any of the remedial requirements or meet any of the required deadlines of Section V (Remedial Measures, Prioritization, and Schedules) of this Consent Decree, including requirements and deadlines set forth in the Appendices: Period of Noncompliance Penalties per Violation per Day 1st to 30th Day $750.00 31st to 60th Day $1,500.00 53 61st Day to 180th Day $2,500.00 181st Day and Each Day Thereafter $4,000.00 SSOs that Reach Waters of the United States or Water in the State. The City shall pay the following stipulated penalties to the United States and the State for each SSO that reaches waters of the United States or water in the State, as defined in Section 26.001(5) of the Texas Water Code, and occurs after the Effective Date: If SSO occurs Penalties Per Violation Per Day Within 2 years of Date of Lodging $500.00 Between 2 and 5 years from Date of Lodging $1,500.00 More than 5 years from Date of Lodging $3,000.00 SSOs that Do Not Reach Waters of the United States or Water in the State. The City shall pay the following stipulated penalties to the United States and the State for each SSO that occurs after the Effective Date and does not reach either waters of the United States or water in the State, as defined in Section 26.001(5) of the Texas Water Code: If SSO occurs Penalties Per Violation Per Day Within 2 years of Date of Lodging $250.00 Between 2 and 5 years from Date of Lodging $500.00 More than 5 years from Date of Lodging $1,000.00 Effluent Limits. The City shall pay the following stipulated penalties to the United States and the State for each violation of any requirement of the City’s TPDES Permits effluent limits for the Oso WWTP, Allison WWTP or Greenwood WWTP: Effluent Noncompliance Penalties Per Exceedance Minimum exceedance $500.00 54 Maximum exceedance $1,500.00 Daily Average exceedance $3,000.00 Each effluent limit for each parameter is counted as a separate violation. Reporting Requirements. The City shall pay the following stipulated penalties to the United States and the State for each Day for each violation of the reporting requirements of Section VII (Reporting Requirements): Period of Noncompliance Penalties Per Violation Per Day 1st through 14th Day $350.00 15th through 30th Day $750.00 31st Day and Each Day Thereafter $1,500.00 Delay in Payment of Civil Penalties and Attorneys’ Fees. The City shall pay to the United States and the State stipulated penalties of $2,000.00 for each Day that the City is late in paying the civil penalties required under Section VIII (Civil Penalty) and shall pay to the State stipulated penalties of $2,000.00 for each Day that the City is late in paying the attorneys’ fees amount required and specifically identified under Section XIV (Costs and Attorneys’ Fees), Paragraph 98. Stipulated penalties shall automatically begin to accrue on the first Day that an event occurs for which a stipulated penalty is due, or a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed or until the violation ceases. Stipulated penalties shall accrue simultaneously for separate violations of this Consent Decree. As provided in Paragraph 67 (Payment of Penalties to the United States and the State), stipulated penalties will not be due until the City receives a written demand from either Plaintiff. 55 Payment of Penalties to the United States and the State. The City shall pay stipulated penalties to the United States or the State, or both, as applicable, within thirty (30) Days of receipt of a written demand by either Plaintiff, unless the City invokes the dispute resolution, pursuant to Section XII (Dispute Resolution). With respect to those stipulated penalties that may be jointly pursued by both Plaintiffs, before either Plaintiff makes a written demand for such stipulated penalties, Plaintiffs shall consult each other and notify the City within the demand for payment whether Plaintiffs are jointly pursuing the stipulated penalties. Only one (1) stipulated penalty amount per violation per Day shall be payable. Where the Plaintiffs jointly pursue stipulated penalties, the City shall pay fifty (50) percent of the total penalty owed to the State, and pay fifty (50) percent of the total penalty owed to the United States. The United States and the State may each, in the unreviewable exercise of discretion, reduce or waive stipulated penalties otherwise due to it under this Consent Decree. Where only one Plaintiff pursues stipulated penalties, only that Plaintiff shall recover the full amount of the penalty, and the Plaintiff not joining in the pursuit of stipulated penalties shall be deemed to have waived such penalties. The Plaintiff making a demand for payment of stipulated penalties shall simultaneously send a copy of the demand to the other Plaintiff. Stipulated penalties shall continue to accrue as provided in this Section IX (Stipulated Penalties) during any Dispute Resolution, but need not be paid until the following: a. if the dispute is resolved by agreement or by a decision of the Plaintiff(s) that is not appealed to the Court, the City shall pay accrued stipulated penalties determined to be owing, together with interest, to the Plaintiffs within thirty 56 (30) Days of the effective date of the agreement or the receipt of the Plaintiff’s or Plaintiffs’ decision; b. if the dispute is appealed to the Court and the Plaintiff(s) prevail(s) in whole or in part, the City shall pay all accrued penalties determined by the Court to be owing, together with interest, if applicable, to the Plaintiff(s) within sixty (60) Days of receiving the Court’s decision or order, except as provided in Paragraph 69.c; and c. if any Party appeals the District Court’s decision, the City shall pay all accrued penalties determined to be owing as of the date of the final appellate court decision, together with interest, if applicable, within fifteen (15) Days of receiving the final appellate court decision. The City shall pay stipulated penalties owing to the Plaintiff(s) in the manner set forth and with the confirmation notices required by Section VIII (Civil Penalty), except that the transmittal letters shall state that the payment is for stipulated penalties and shall state for which violation(s) the penalties are being paid. If the City fails to pay stipulated penalties according to the terms of this Consent Decree, the City shall be liable for interest on such penalties, as provided for in 28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this Section IX (Stipulated Penalties) shall be construed to limit the United States or the State from seeking any remedy otherwise provided by law for the City’s failure to pay any stipulated penalties. Non-Exclusivity of Remedy. Stipulated penalties are not the United States’ or the State’s exclusive remedy for violations of this Consent Decree. Subject to the provisions of Section X (Effect of Settlement/Reservation of Rights), the United States and the State expressly 57 reserve the right to seek any other relief either Plaintiff deems appropriate for the City’s violation of this Decree or applicable law, including but not limited to an action against the City for statutory penalties, additional injunctive relief, mitigation or offset measures, and/or contempt. However, the amount of any statutory penalty assessed for a violation of this Consent Decree shall be reduced by an amount equal to the amount of any stipulated penalties assessed and paid pursuant to this Consent Decree. X. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS This Consent Decree resolves the civil claims of the United States and the State for injunctive relief and civil penalties for the violations alleged in the Complaint through the Date of Lodging. The United States and the State reserve all rights and remedies, legal and equitable, available against the City with respect to any violations of the CWA or other law where such violations are not specifically alleged in the Complaint, whether they occurred before, on, or after the Date of Lodging. The United States and the State further reserve all legal and equitable remedies available to enforce the provisions of this Consent Decree. This Consent Decree shall not be construed to limit the rights of the United States or the State to obtain penalties or injunctive relief under the CWA or implementing regulations, or under other federal or state laws, regulations, or permit conditions, except as expressly specified in Paragraph 73. The United States and the State reserve all rights against the City with respect to criminal liability. The United States and the State further reserve all legal and equitable remedies to address any imminent and substantial endangerment to the public health or welfare or the environment arising at, or posed by, the City’s WCTS, whether related to the violations addressed in this Consent Decree or otherwise. 58 In any subsequent administrative or judicial proceeding initiated by the United States or the State for injunctive relief, civil or administrative penalties, or other appropriate relief relating to the City’s WCTS or the City’s violations, the City shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by the United States or the State in the subsequent proceeding were or should have been brought in the instant case, except with respect to claims that have been specifically resolved pursuant to Paragraph 73 of this Consent Decree. This Consent Decree is not and shall not be construed as a permit or a modification of any permit, under any federal, state, or local laws or regulations. The City is responsible for achieving and maintaining complete compliance with all applicable federal, state, and local laws, regulations, and permits; the City’s compliance with this Consent Decree shall be no defense to any action commenced pursuant to any such laws, regulations, or permits. The United States and the State do not, by their consent to the entry of this Consent Decree, warrant or aver in any manner that the City’s compliance with any aspect of this Consent Decree will result in compliance with the CWA or with any other provisions of federal, state, or local laws, regulations, or permits. Notwithstanding EPA’s review or approval of any plans, reports, policies or procedures developed pursuant to or as a result of this Consent Decree, the City shall remain solely responsible for any non-compliance with the terms of this Consent Decree, all applicable permits, as well as all federal and state laws and regulations promulgated under those laws. The City’s duty to comply with the terms of this Consent Decree is not conditioned on the receipt of any federal or state funds or the City’s financial capabilities. Failure to comply 59 is not excused by lack of federal or state grant funds, or by the processing of any applications for the same, or by the City’s financial capabilities. Nothing in this Consent Decree limits the rights or defenses available under Section 309(e) of the CWA, 33 U.S.C. § 1319(e), in the event that laws of the State, as currently or hereafter enacted, may prevent the City from raising the revenues needed to comply with this Consent Decree. This Consent Decree does not limit or affect the rights of the Parties against any third parties not party to this Consent Decree, nor does it limit the rights of third parties not party to this Consent Decree, against the City, except as otherwise provided by law. This Consent Decree shall not be construed to create rights in, or grant any cause of action to, any third party not party to this Consent Decree. XI. FORCE MAJEURE “Force Majeure,” for purposes of this Consent Decree, is defined as any event arising from causes beyond the control of the City, or of any entity controlled by the City, that delays or prevents the performance of any obligation under this Consent Decree despite the City’s best efforts to fulfill the obligation. The requirement that the City exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate any potential Force Majeure event and best efforts to address the effects of any such event: (a) as it is occurring and (b) after it has occurred to prevent or minimize any resulting delay to the greatest extent possible. Force Majeure does not include unanticipated or increased expenses or costs associated with implementation of this Consent Decree, changed financial circumstances, or other financial or budgetary issues. Permits. Failure to apply for a required permit or approval, or to provide in a timely manner all information required to obtain a permit or approval necessary to meet the 60 requirements of this Consent Decree, are not Force Majeure events. However, failure of a permitting authority to issue a necessary permit in a timely fashion may serve as a basis for an extension under this Section where the failure of the permitting authority to act is beyond the control of the City, and the City demonstrates that it has taken all timely steps available to it to obtain the necessary permit or approval. If any event occurs or has occurred that may delay the performance of any obligation under this Consent Decree, whether or not caused by a Force Majeure event, the City shall provide written notice to the United States and the State in accordance with Section XV (Notices), within twenty-one (21) Days of when the City first knew that the event might cause a delay. Such written notice shall include an explanation and description of the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for implementation of any measures to be taken to prevent or mitigate the delay or the effect of the delay; the City’s rationale for attributing such delay to a Force Majeure event if it intends to assert such a claim; and a statement as to whether, in the opinion of the City, such event may cause or contribute to an endangerment to public health, welfare or the environment. The City shall include with any notice all available documentation supporting the claim that the delay was attributable to a Force Majeure event. Failure to comply with the above requirements shall preclude the City from asserting any claim of Force Majeure for that event for the period of time of such failure to comply, and for any additional delay caused by such failure. The City shall be deemed to know of any circumstance of which the City, any entity controlled by the City knew or should have known. If Plaintiffs agree that a Force Majeure event has occurred, Plaintiffs will agree to extend the time for the City to perform the obligation(s) under this Consent Decree that are 61 affected by the Force Majeure event for the time necessary to complete those obligations. An extension of the time for performance of the obligations affected by the Force Majeure event shall not, by itself, extend the time for performance of any other obligation. Plaintiffs will notify the City in writing of the length of the extension, if any, for performance of the obligations affected by the Force Majeure event. If Plaintiffs do not agree that a Force Majeure event has occurred, or do not agree to the extension of time sought by the City, Plaintiffs will so notify the City in writing, and Plaintiffs’ position shall be binding, unless the City invokes Dispute Resolution under Section XII (Dispute Resolution). If the City elects to invoke the dispute resolution procedures set forth in Section XII (Dispute Resolution), it shall do so no later than thirty (30) Days after receipt of Plaintiffs’ notice. In any such proceeding, the City shall have the burden of demonstrating by a preponderance of the evidence that the delay or anticipated delay has been or will be caused by a Force Majeure event, that the duration of the delay or the extension sought was or will be warranted under the circumstances, that best efforts were exercised to avoid and mitigate the effects of the delay, and that the City complied with the requirements of Paragraphs 81 and 83, above. If the City carries this burden, the delay at issue shall be deemed not to be a violation by the City of the affected obligation of this Consent Decree identified to Plaintiffs and the Court. XII. DISPUTE RESOLUTION Unless otherwise expressly provided for in this Consent Decree, the dispute resolution procedures of this Section XII (Dispute Resolution) shall be the City’s exclusive mechanism to resolve disputes arising under or with respect to this Consent Decree. This Section XII (Dispute Resolution) does not apply to disputes between the City and the State (or its agencies and subdivisions) regarding the issuance, renewal, or denial of TPDES permits or the assessment of civil penalties in a State judicial proceeding or administrative penalties by TCEQ. 62 Informal Dispute Resolution. Except as provided in Paragraph 32 (Oso WWTP Alternative), any dispute subject to dispute resolution under this Consent Decree shall first be the subject of informal negotiations. The dispute shall be considered to have arisen when the City sends the Plaintiffs a written Notice of Dispute. Such Notice of Dispute shall state clearly the matter in dispute. The period of informal negotiations shall not exceed thirty (30) Days from the date the written Notice of Dispute is received by the other party, unless that period is modified by written agreement. During the informal negotiation period: a. With respect to disputes regarding force majeure under Section XI (Force Majeure) and termination under Section XX (Termination), Plaintiffs shall consult and put forward a joint position. The position that Plaintiffs take in their written notification to the City as set forth in Section XI (Force Majeure) or Section XX (Termination) will be the position of Plaintiffs in informal dispute resolution pursuant to this Paragraph 87, unless Plaintiffs mutually agree to modify the position and inform the City of their modified position on the dispute in writing. If the Parties cannot resolve a dispute by informal negotiations, then the position advanced by the Plaintiffs shall be considered binding unless, within thirty (30) business Days after the conclusion of the informal negotiation period, the City invokes formal dispute resolution procedures as set forth in Paragraph 88 (Formal Dispute Resolution); and b. With respect to all other disputes under this Consent Decree, the United States shall, after providing the State a reasonable opportunity for consultation, inform the City of the United States’ position. If the United States and the City cannot resolve a dispute by informal negotiations, then the position advanced by the 63 United States shall be considered binding unless, within thirty (30) business Days after the conclusion of the informal negotiation period, the City invokes formal dispute resolution procedures as set forth in Paragraph 88 (Formal Dispute Resolution). Formal Dispute Resolution. The City shall invoke formal dispute resolution procedures, within the time periods provided in Paragraphs 87 (Informal Dispute Resolution) and 32 (Oso WWTP Alternative), by serving on Plaintiffs, a written Statement of Position regarding the matter in dispute. The Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting the City’s position and any supporting documentation relied upon by the City. After receiving the City’s Statement of Position: a. With respect to disputes regarding force majeure under Section XI (Force Majeure) and termination under Section XX (Termination), the position Plaintiffs provided to the City pursuant to Paragraph 87.a shall be the position of Plaintiffs under this Paragraph, unless Plaintiffs mutually agree to modify their position. Plaintiffs shall consult and serve on the City, within forty-five (45) Days after receipt of the City’s Statement of Position, Plaintiffs’ Statement of Position, which shall include, as applicable, but need not be limited to, any factual data, analysis, or opinion supporting that position and any supporting documentation relied upon by Plaintiff(s). Plaintiffs’ Statement of Position shall be binding on the City, unless the City files a motion for judicial review of the dispute in accordance with Paragraph 89; and b. With respect to all other disputes under this Consent Decree, the United States, after providing the State a reasonable opportunity for consultation, shall serve 64 on the City the United States’ Statement of Position within forty-five (45) Days after receipt of the City’s Statement of Position. The United States’ Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting the position and any supporting documentation relied upon by the United States. The United States’ Statement of Position shall be binding on the City, unless the City files a motion for judicial review, in accordance with Paragraph 89. The City may seek judicial review of the dispute by filing with the Court and serving on the Plaintiffs, in accordance with Section XV (Notices) of this Consent Decree, a motion requesting judicial resolution of the dispute. The motion must be filed within thirty (30) Days of receipt of the Plaintiffs’ or the United States’ Statement of Position pursuant to Paragraph 88. The motion shall contain a written statement of the City’s position on the matter in dispute, including any supporting factual data, analysis, opinion, or documentation, and shall set forth the relief requested and any schedule within which the dispute must be resolved for orderly implementation of the Consent Decree. The Plaintiff(s) shall respond to the City’s motion within the time period allowed by the Local Rules of this Court. The United States shall consult with the State before filing any response. The City may file a reply memorandum, to the extent permitted by the Local Rules. Standard of Review. Except as otherwise provided in this Consent Decree, in any dispute brought under this Section XII (Dispute Resolution), the City shall bear the burden of demonstrating that its position complies with this Consent Decree and that it is entitled to relief under applicable principles of law. The United States reserves the right to argue that its position is reviewable only on the administrative record and must be upheld unless arbitrary and 65 capricious or otherwise not in accordance with law and the City reserves the right to oppose this position. The invocation of dispute resolution procedures under this Section XII (Dispute Resolution) shall not, by itself, extend, postpone, or affect in any way any obligation of the City under this Consent Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with respect to the disputed matter shall continue to accrue from the first Day of noncompliance, but payment shall be stayed pending resolution of the dispute as provided in Paragraph 69. If Defendant does not prevail on the disputed issue, stipulated penalties shall be assessed and paid as provided in Section IX (Stipulated Penalties). XIII. RIGHT OF ENTRY AND RECORD RETENTION The United States and the State, and their representatives, including attorneys, contractors, and consultants, shall each have the right of entry into the premises of any City property at all reasonable times, upon presentation of credentials, to: a. monitor the progress of activities required under this Consent Decree; b. verify any data or information submitted to the United States or the State; c. obtain samples and, upon request, splits of any samples taken by the City or its representatives, contractors, or consultants; d. observe performance tests; e. obtain documentary evidence, including photographs and similar data; and f. assess the City’s compliance with this Consent Decree, its TPDES Permits, the CWA or applicable State law. Until five (5) years after the termination of this Consent Decree, the City shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other 66 information in electronic form) in its or its contractors’ or agents’ possession or control, or that come into its or its contractors’ or agents’ possession or control, and that relate in any manner to the City’s performance of its obligations under this Consent Decree. Drafts of final documents or plans and non-substantive correspondence and email do not need to be retained. This information-retention requirement shall apply regardless of any contrary City, corporate, or institutional policies or procedures. At any time during this information-retention period, upon request by the United States or the State, the City shall provide copies of any documents, reports, analytical data, or other information required to be maintained under this Paragraph 94. At the conclusion of the information-retention period provided in Paragraph 94, the City shall notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information in the possession, custody or control of the City and subject to the requirements of Paragraph 94 and, upon request by the United States or the State, the City shall deliver any such documents, records, or other information in the possession, custody or control of the City to the United States or the State. This Consent Decree in no way limits or affects the United States’ or the State’s right to enter or access the property of the City, to obtain information, to conduct inspections, to require monitoring, or to obtain information from the City, as authorized by law, nor does it limit or affect any duty or obligation of the City to maintain documents, records, or other information imposed by applicable law. XIV. COSTS AND ATTORNEYS’ FEES The Parties shall bear their own costs of this action, and the United States shall bear its own attorneys’ fees, except that the United States and the State shall be entitled to collect the costs (including attorneys’ fees) incurred in any action necessary to collect any portion of the civil penalty or any stipulated penalties due but not paid by the City. 67 City shall pay the State $18,000 in attorneys’ fees. The City shall make full payment of this amount in accordance with Paragraphs 52, 54 and 55 of this Consent Decree. XV. NOTICES Unless otherwise specified herein, whenever notifications, submissions, or communications are required by this Consent Decree, they shall be made in writing and addressed as follows: As to the United States: By email: eescdcopy.enrd@usdoj.gov Re: DJ No. 90-5-1-1-10396 and Edelbrock.Judy@epa.gov By mail: EES Case Management Unit Environment and Natural Resources Division U.S. Department of Justice Box 7611 Ben Franklin Station Washington, D.C. 20044-7611 Re: DOJ No. 90-5-1-1-10396 and Chief, Water Enforcement Branch Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 and Rusty Herbert Office of Regional Counsel U.S. Environmental Protection Agency, Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 As to the State of Texas: 68 Mark Steinbach Office of the Attorney General State of Texas Environmental Protection Division P.O. Box 12548 Austin, Texas 78711-2548 Reference: AG No. 123380743 and James Sallans Litigation Division, MC-175 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 As to TCEQ: James Sallans Litigation Division, MC-175 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 As to the City of Corpus Christi: City of Corpus Christi Legal Department P.O. Box 9277 Corpus Christi, Texas 78469 and City of Corpus Christi City Manager Attn: Wastewater Operations P. O. Box 9277 Corpus Christi, Texas 78469 Any Party may, by written notice to the other Parties, change its designated notice recipient or notice address provided above. 69 Notices submitted pursuant to this Section XV (Notices) shall be deemed submitted upon mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties, in writing. XVI. CERTIFICATION Any Deliverable or any other document submitted by the City to the United States and the State pursuant to this Consent Decree shall be signed by an official of the City and include the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my directions and my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. This certification requirement does not apply to emergency or similar notifications where compliance would be impractical. The City shall not object to the admissibility into evidence of any Deliverable or any other document prepared to comply with this Consent Decree or the information contained in such documents in any proceeding to enforce this Consent Decree. XVII. EFFECTIVE DATE The Effective Date of this Consent Decree shall be the date upon which this Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever occurs first as recorded on the Court’s docket. XVIII. RETENTION OF JURISDICTION The Court shall retain jurisdiction over this case until termination of this Consent Decree for the purpose of: (a) resolving disputes arising under this Decree, (b) entering orders 70 modifying this Decree, pursuant to Section XIX (Modification), and (c) effectuating or enforcing compliance with the terms of this Decree. XIX. MODIFICATION Except as provided in Paragraphs 33 (CMOM Plan), 35 (Fats, Oils, and Grease Control Program), 38 (SSO Response Plan), and 40 (Lift Station Response Plan), this Consent Decree may be modified only by a subsequent written agreement signed by all Parties or a modification otherwise approved by the Court. Where the modification constitutes a material change to this Consent Decree, it shall be effective only upon approval by the Court. The Parties may by mutual agreement determine whether a proposed modification is a non-material change to the Consent Decree. Non-material Modifications: Non-material modifications to the Consent Decree (including Appendices) shall be made by written agreement of the Parties without approval by the Court and shall be effective when signed by all parties. The City must request a non-material change at least ninety (90) Days before the deadline for the specific Work at issue. Examples of non-material modifications are provided below: a. Changes to Appendices, guidelines or processes based upon implementation experience so long as the overall technical and schedule objectives are achieved. b. Changes in inspection and/or remediation techniques as a result of technology advancements or implementation experience so long as the specific requirements set forth in subsection V.C (Condition Assessment and Remedial Measures Approach) and subsection V.D. (Capacity Assessment and Remedial Measures Approach) are met. c. Reprioritization and rescheduling of Remedial Measures under an EPA-approved Remedial Measures Plan pursuant to Section V (Remedial Measures, 71 Prioritization, and Schedules), provided the reprioritization or rescheduling results in substantially the same or better CWA compliance benefits as would have been realized by implementation of the Remedial Measures Plan as approved. The City may seek to reprioritize or reschedule Remedial Measures under EPA-approved Remedial Measures Plans where the City determines technical, health, safety or other reasons justify priority completion of an existing, particular project or a new project ahead of another task, provided such determination is provided to EPA in writing and submitted to EPA for review and approval at the time any change under this Paragraph is requested, in accordance with Section VI (Review of Deliverables). The City may request modification based upon, among other things, an Integrated Plan developed in accordance with EPA’s Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued on June 5, 2012 (“EPA Framework”) and a current Financial Capability Assessment conducted in accordance with EPA’s “Combined Sewer Overflows Guidance for Financial Capability Assessment and Schedule Development,” EPA 8320B-97-004, February 1997, and EPA’s Memorandum “Financial Capability Assessment Framework for Municipal Clean Water Act Requirements” issued on November 24, 2014 (“FCA Framework”). Should either the EPA Framework or the FCA Framework be modified after the Effective Date of this Consent Decree, the City’s request for modification shall be based on the version of the EPA Framework and FCA Framework in effect on the day the request is submitted to the United States; As part of any modification request by the City, the City shall provide information concerning the scope, impact, timing, and cost of the modification, and shall provide any 72 additional information requested by the United States or the State to assist in evaluating the modification request. If any Party or Parties seek a modification to this Consent Decree, the Party(ies) seeking a modification shall send a written notice to the other Party(ies) in accordance with Section XV (Notices) setting forth the requested changes and the reasons therefor. Disputes concerning modification under this Section XIX (Modification) are not subject to Section XII (Dispute Resolution) of this Consent Decree. Instead, the Parties shall negotiate informally concerning the modification for a period of up to thirty (30) Days from the date of receipt of the notice, unless that period is modified by written agreement. If at the end of the period of informal negotiations the Parties are not in agreement, the Party or Parties seeking the modification retain(s) any rights it/they may have to seek modification from the Court pursuant to Federal Rule of Civil Procedure 60(b). A request for modification or a motion filed by the City under Federal Rule of Civil Procedure 60(b) shall not relieve the City of its obligations pursuant to Section V (Remedial Measures, Prioritization, and Schedules) or its liability for stipulated penalties under Section IX (Stipulated Penalties), and the City shall continue with timely implementation of the Consent Decree until the requested modification becomes effective in accordance with the provisions of this Section XIX (Modification). XX. TERMINATION Final Termination. The City may serve upon the United States and the State a request for final termination (“Final Termination Request”), together with all necessary supporting documentation, certifying that the City has satisfied all of its obligations under the Consent Decree, including: a. completion of all requirements of Section V (Remedial Measures, Prioritization and Schedules) of this Consent Decree; 73 b. compliance with all other requirements of this Consent Decree; c. payment in full of all civil penalties required under Section VIII (Civil Penalty), and any accrued stipulated penalties as required under Section IX (Stipulated Penalties) of this Consent Decree not waived or reduced by the applicable Plaintiff; and d. payment in full of the attorneys’ fees amount required and specifically identified by Section XIV (Costs and Attorneys’ Fees), Paragraph 98. Partial Termination. Any time after the approval of the Condition Remedial Measures Plan, the City may serve upon the United States and the State a request for partial termination (“Partial Termination Request”) covering one or more of the six Sewersheds. No Sewershed containing an Oso Alternative Impacted Sub-basin designated pursuant to Paragraph 32 (Oso WWTP Alternative) is eligible for partial termination, however; and no Sub-basin in a Sewershed where this Consent Decree has been partially terminated may thereafter be identified as an Oso Alternative Impacted Sub-basin. The Partial Termination Request shall identify the Sewershed(s) for which partial termination is sought, include all necessary supporting documentation, and include the City’s certification that: (1) the City has submitted the Condition Remedial Measures Plan pursuant to Paragraph 24 and the Capacity Remedial Measures Plan pursuant to Paragraph 29; (2) the City has made all of the payments described in Paragraph 111.c-d of this Consent Decree and complied with all requirements of this Consent Decree relating to the Sewershed(s) included in the Partial Termination Request; and (3) the City is in continuous satisfactory compliance with its TDPES Permits for the one year following completion of its obligations under the Consent Decree in the relevant Sewershed(s). 74 Notwithstanding termination with respect to any Sewershed, and until Final Termination of this Consent Decree: a. If an SSO occurs in a Sewershed for which this Consent Decree has been terminated that is caused by a defect, blockage, or other condition in a City owned WCTS asset in a Sewershed for which this Consent Decree has not been terminated, then the City shall remain subject to stipulated penalties under Section IX (Stipulated Penalties) for such SSO to the same extent as if the Consent Decree had not been terminated as to that Sewershed; and b. Any Remedial Measure in an approved Oso Alternative Remedial Measures Plan shall be an enforceable obligation of this Consent Decree, notwithstanding any partial termination. After the City submits a Final Termination Request or Partial Termination Request, if Plaintiffs determine that the Consent Decree may be terminated or partially terminated, the Parties shall submit, for the Court’s approval, a joint stipulation terminating or partially terminating the Consent Decree. If Plaintiffs determine that the Consent Decree cannot be terminated or partially terminated, they will notify the City in writing, and the City may invoke dispute resolution under Section XII (Dispute Resolution) of this Consent Decree. However, notwithstanding the provisions of Section XII (Dispute Resolution), the City shall not seek formal dispute resolution under Section XII (Dispute Resolution) of any dispute regarding termination until at least one hundred twenty (120) Days after serving its Request for Final Termination or ninety (90) Days after serving its Request for Partial Termination. This Consent Decree shall remain in effect 75 pending resolution of the dispute by the Parties or the Court in accordance with the dispute resolution provisions of Section XII (Dispute Resolution) of this Consent Decree. XXI. PUBLIC PARTICIPATION This Consent Decree shall be lodged with the Court for at least thirty (30) Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree disclose facts or considerations indicating that the Consent Decree is inappropriate, improper, or inadequate. Additionally, the State shall give public notice of the settlement, and allow for public comment, by publishing a notice of the settlement and opportunity to comment in the Texas Register as required by Texas Water Code § 7.110. The State reserves the right to withdraw from or withhold consent from the Consent Decree for the reasons set forth in Texas Water Code § 7.110. The City consents to entry of this Consent Decree without further notice and agrees not to withdraw from or oppose entry of this Consent Decree by the Court or to challenge any provision of the Consent Decree, unless the United States or the State has notified the City in writing or in open court that it no longer supports entry of the Consent Decree. XXII. SIGNATORIES/SERVICE Each undersigned representative of the City, State, EPA, and the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice on behalf of the United States certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind to this document the Party he or she represents. This Consent Decree may be signed in counterparts, and its validity shall not be challenged on that basis. 76 The City agrees to accept service of process by mail or courier service to the address set forth in Paragraph 99 with respect to all matters arising under or relating to this Consent Decree and to waive the formal service requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any applicable Local Rules of this Court relating to service of process including, but not limited to, service of a summons. XXIII. INTEGRATION/APPENDICES This Consent Decree and its Appendices constitute the final, complete, and exclusive agreement and understanding among the Parties with respect to the settlement embodied in the Consent Decree and supersede all prior agreements and understandings, whether oral or written, concerning the settlement embodied herein. Other than the Appendices, which are attached hereto and are explicitly incorporated into this Consent Decree, and Deliverables that are subsequently submitted and approved pursuant to this Consent Decree, no other document, nor any representation, inducement, agreement, understanding, or promise, constitutes any part of this Consent Decree or the settlement it represents, nor shall it be used in construing the terms of this Consent Decree. The Appendices to this Consent Decree are as follows: Appendix A Capital Improvements Plan Projects Appendix B Corpus Christi System-Wide Cleaning Program Process and Guidelines Appendix C Prioritization Approach City of Corpus Christi Risk-Based Prioritization Appendix D Capacity Assessment and Remedial Measures Approach Appendix E Condition Assessment and Remedial Measures Approach Appendix F Condition Assessment Report Template Appendix G Condition Remedial Measures Plan Report Template Appendix H Capacity Assessment Report Template Appendix I Capacity Remedial Measures Plan Report Template Appendix J Annual Report Template XXIV. FINAL JUDGMENT Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall constitute a final judgment of the Court as to the United States, the State, and the City. 77 Dated and entered this day of , 2020. ________________________________ UNITED STATES DISTRICT JUDGE 78 Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States of America and State of Texas v. City of Corpus Christi (S.D. TX): FOR THE UNITED STATES OF AMERICA ___________ ___________________________ Date JEFFREY BOSSERT CLARK Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice Washington, D.C. 20530 __________ _________________________________ Date THOMAS P. CARROLL Assistant Section Chief BRANDON ROBERS Trial Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C. 20004 Phone: (202) 514-5292 Fax: (202) 616-6584 Brandon.robers@usdoj.gov 79 Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States of America and State of Texas v. City of Corpus Christi (S.D. TX): FOR THE UNITED STATES OF AMERICA RYAN K. PATRICK United States Attorney __________ By: ________________________________ Date JOHN SMITH III Deputy Civil Chief U.S. Attorney’s Office Southern District of Texas 800 N. Shoreline, Suite 500 Corpus Christi, TX 78401 (361) 888-3111 80 Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States of America and State of Texas v. City of Corpus Christi (S.D. TX): __________ _________________________________ Date CHERYL SEAGER Division Director U.S. Environmental Protection Agency Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 __________ _________________________________ Date RUSTY HERBERT Senior Assistant Regional Counsel Office of Regional Counsel U.S. Environmental Protection Agency Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270-2102 81 Subject to the notice and comment provisions of 28 C.F.R. § 50.7, THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States of America and State of Texas v. City of Corpus Christi (S.D. TX): __________ _________________________________ Date SUSAN PARKER BODINE Assistant Administrator Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 __________ _________________________________ Date ROSEMARIE KELLEY Director Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 __________ _________________________________ Date MARK POLLINS Division Director Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 __________ _________________________________ Date MORGAN E. ROG Attorney-Advisor Water Enforcement Division Office of Civil Enforcement Office of Enforcement and Compliance Assurance United States Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 82 Subject to the notice and comment provisions of Texas Water Code § 7.110, THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States of America and State of Texas v. City of Corpus Christi (S.D. TX): FOR THE STATE OF TEXAS KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General DARREN L. MCCARTY Deputy Attorney General for Civil Litigation PRISCILLA M. HUBENAK Division Chief, Environmental Protection Division ___________ Date __________________________________ MARK A. STEINBACH State Bar No. 24056653 Assistant Attorney General Office of the Attorney General P.O. Box 12548, MC-066 Austin, Texas 78711-2548 Phone: (512) 463-2012 Fax: (512) 320-0911 mark.steinbach@texasattorneygeneral.gov COUNSEL FOR THE STATE OF TEXAS 83 THE UNDERSIGNED PARTIES enter into this Consent Decree entered in the matter of United States of America and State of Texas v. City of Corpus Christi (S.D. TX): __________ ___________________________________ Date PETER ZANONI City Manager 1201 Leopard St. Corpus Christi, TX 78401 (361) 826-3220 Agent Authorized to Accept Service on Behalf of Above-signed Party: __________ ___________________________________ Date MILES RISLEY City Attorney 1201 Leopard St. Corpus Christi, TX 78401 (361) 826-3360 JOSE E. DE LA FUENTE Principal NATHAN E. VASSAR Principal Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900 Austin, Texas 78701 (512) 322-5800 Appendix A Capital Improvements Plan Projects Appendix A: Capital Improvements Plan Projects CIP Item Notes from CIP Total Cost Completion Date Laguna Shores Road Force Main Replacement “This project will increase operational efficiencies and protect against overflows, preventing enforcement action from the Texas Commission on Environmental Quality.” $5,800,000.00 Dec. 1, 2020 McBride Lift Station and Force Main Improvements “The project is essential to reduce long-term operational cost and to alleviate potential Texas Commission on Environmental Quality violations with lift station failures and resulting overflows.” $4,600,000.00 Dec. 1, 2022 Appendix B Corpus Christi System‐Wide Cleaning Program Process and Guidelines Appendix B Corpus Christi System‐Wide Cleaning Program Process and Guidelines Plan, Schedule, and Conduct System Wide SD  Cleaning and Visual Inspection Program •Manually review recommendations: •Accept recommendation •Reject recommendation •Revise recommendation 1 of 2 Evaluate Cleaning Findings •Clean SD Gravity Sewer within 10 years of the Effective Date. •Annually clean a minimum of 12% of the total SD Gravity Sewer Main miles.  Repeat “Hot Spot” cleaning miles may be counted towards the 12% annual minimum. •Gravity Sewer Mains will be selected for repeat cleaning and cleaning frequencies will be determined as warranted based on Cleaning Findings, including: •City best professional judgment •SSO root cause information •CCTV findings •Previous sewer cleaning findings Pipes Not in the  “Hot Spot”  Program: •Heavy – Add Pipe to the “Hot Spot” Program  •Evaluate whether pipe should be referred for a more detailed inspection Refer for CCTV inspection if warranted •CD Paragraph 17 Guidelines for referral include: •Cleaning Tools will not pass through pipe •Pieces of broken pipe •Significant quantities of soil observed at downstream manhole Small Diameter (SD) Gravity Sewer Mains – Less than 24‐inches in Diameter CD Section V.B, Paragraphs 14, 15 and 17 Implement System‐wide SD Gravity  Sewer Main Cleaning and Visual  Inspection Activities CD Paragraphs 14 and 15.c and e Implement Repeat “Hot Spot” Gravity  Sewer Cleaning and Visual Inspection  Activities CD Paragraphs 15.d Assess Visual  Inspection Data Guidelines for evaluation of gravity sewer  cleaning findings Note: These are recommendations based on  business logic that a person reviews to accept,  reject, or revise. Review and Implement Cleaning  Frequency Changes This appendix is meant to illustrate the requirements of Section V.C of the Consent Decreee (“CD”).  Significant detail exists  in the CD that is not in this Appendix.  To the extent that this Appendix and the CD are inconsistent, the CD controls. Pipes Included in Hot Spot Program: •Minor – Reduce Frequency •Moderate – Keep at Current Frequency •Heavy – Increase Frequency  •Update the Preventive Maintenance Cleaning module in CMMS with Accepted changes Appendix B Corpus Christi System‐Wide Cleaning Program Process and Guidelines Inspect manholes associated with LD Gravity Sewer  Mains within 4 years of the Effective Date.  Measure the  depth of debris in the associated LD Gravity Sewer Main  via the upstream and the downstream manholes.  Inspection Data Evaluation Guidelines to Determine  Cleaning Needs The City shall clean each LD Gravity Sewer Main  segment  where the depth of debris in the LD Gravity  Sewer Main, as measured in such LD Gravity Sewer Main  at either the upstream or downstream manhole,  exceeds twenty (20) percent of the pipe’s diameter. The following LD cleaning milestones shall be reached from the Effective Date: at least 30% will occur within 6 years; at least 60% will occur within 8 years; 100% will occur within 10 years. Large Diameter (LD) Gravity Sewer Mains – Greater than or Equal to 24‐inch Diameter CD Section V.B, Paragraphs 14, 16 and 17 Clean LD Gravity Mains Paragraph 16.b Any LD Gravity Sewer Main found to have a depth of  debris, as measured in the pipe at either the upstream or  downstream manhole, that exceeds twenty (20) percent  of the pipe diameter shall be re‐inspected within five (5)  years of the date that main is inspected, unless main is cleaned within that five (5) year period, in which case it will be re-inspected within five (5) years of the date that the main is cleaned.  Re‐cleaning and re‐inspection  frequencies for all other Large Diameter Gravity Mains  will be determined as part of the CMOM program. Plan, Schedule, and Conduct Initial LD Inspection  Activities Paragraph 16.a Page 2 of 2 Re‐inspection Frequency Paragraph 16.c Refer for CCTV inspection if warranted CD Paragraph 17 •Guidelines for referral include: •Cleaning Tools will not pass through pipe •Pieces of broken pipe •Significant quantities of recently infiltrated soil observed at downstream manhole Appendix C Prioritization Approach City of Corpus Christi Risk-Based Prioritization 1 Appendix C: Prioritization Approach City of Corpus Christi Risk-Based Prioritization: Risk-based prioritization approach As provided in Paragraph 9(b)(i), the City of Corpus Christi shall implement a risk-based approach to its system-wide cleaning and condition assessment programs that will prioritize work in neighborhoods with historically high rates of Sanitary Sewer Overflows (“SSOs”). The City will address these areas of the City most at risk of having SSOs within the first four years after the Effective Date. Risk-based prioritization approach for Small Diameter Gravity Sewer Mains The risk-based method prioritizes neighborhoods based on SSO risk. The prioritized neighborhoods will be used to prioritize both the system -wide sewer cleaning program as well as the condition assessment field inspection program. The following summarizes the process developed by the City of Corpus Christi for implementation in accordance with Consent Decree requirements: Using the City’s GIS mapping system, historical data and asset databases, staff identified approximately 1,700 individual subdivisions that make up the entire wastewater collection system. In general, each subdivision represents a unique asset class with similar characteristics, having been constructed during a relatively short time period. Thus, there is relative uniformity in each subdivision concerning the following: (1) asset materials, (2) method(s) of construction, (3)design, (4) soil conditions, (5) and asset age. Additionally, sewer assets within each of these areas generally have a defined downstream terminus. 1.The SSO historical data was evaluated to focus on SSOs that were likely caused by publicly owned gravity sewer mains. As such, the City filtered out SSOs that: (1) were not caused by the City’s gravity sewer mains; (2) occurred due to actions of a contractors (e.g., directional drilling, or excavating) that breached existing City sewers; (3) resulted from non-structural or non-operations and maintenance causes (e.g., vandalism or minor leakage during a repair). 2.The City determined and assigned for each subdivision an SSO Relative Risk Score, based on SSO location history data (since 2012) and GIS mapping, as follows: •Determined number of SSOs in each subdivision from 2012 through the Effective Date. •Calculated “SSO Relative Risk” score for each subdivision. The SSO Relative Risk score means the percentage of total SSOs that occurred in a given neighborhood divided by the percentage of total length of sewer mains that are in a given neighborhood. For instance, if 4% of SSOs since 2012 occurred in Neighborhood A, and 2% of total system pipes are in Neighborhood A, then the 2 relative risk of Neighborhood A is 2.0. This means that this neighborhood has twice the risk as the average risk neighborhood. •Prioritized subdivisions based on SSO Relative Risk. •Level loaded mileage in order to achieve a constant rate of progress in conducting system wide sewer cleaning and field inspections. 3. Under this approach: •The City will perform subdivision prioritized cleaning and condition assessment within 4 years from the Effective Date. The entire collection system (including performing neighborhoods) shall be cleaned and its condition assessed within ten years after the Effective Date, as specifically provided in Section 5.C (Condition Assessment and Remedial Program) of the Consent Decree. 100% of each subdivision will be cleaned, with cleaning completed in an upstream to downstream direction, ending at the downstream termination manhole defined within GIS. •The City will address all neighborhoods with a relative risk greater than 0 in within the first 4 years of the program. •The City will perform cleaning and condition assessment field inspection activities by subdivision work orders in a systematic process across the entire collection system. The proposed comprehensive sewer cleaning and condition assessment plan prioritizes those areas associated with SSOs in the first 4 years after the Effective Date. Risk-based prioritization approach for Large Diameter Gravity Sewer Mains Large Diameter Gravity Sewer Main Sewershed prioritization will be based on factors including: •SSO history •Condition history •Coordination with potential WWTP consolidation projects •Coordination with other infrastructure improvements such as water or street projects Within 4 years of the Effective Date, per Consent Decree Paragraphs 16 and 18-19, the City will perform an initial inspection of Manholes associated with Large Diameter Gravity Sewer Mains Due to the need to group Large Diameter Gravity Sewer Mains into linear work packages, the City will group and prioritize Large Diameter Gravity Sewer Main inspection and cleaning by Sewershed instead of the neighborhood-based approach described above for Small Diameter Gravity Sewer Mains, as follows: 1.Oso 2.Broadway 3.Greenwood 4.Laguna Madre 5.Allison 3 6. Whitecap Inspections and cleaning will generally be completed in an upstream to downstream direction. The City may update the Sewershed inspection order or the order of inspection of individual Large Diameter Gravity Sewer Mains as new information becomes available to suggest reordering of priorities is warranted. Appendix D Capacity Assessment and Remedial Measures Approach tĞƚtĞĂƚŚĞƌͲZĞůĂƚĞĚ^^KŚĂƌĂĐƚĞƌŝnjĂƚŝŽŶ WĂƌĂŐƌĂƉŚϮϴ͘Ă ^LJƐƚĞŵͲtŝĚĞ,LJĚƌĂƵůŝĐDŽĚĞůŝŶŐ WĂƌĂŐƌĂƉŚϮϴ͘Ğ &ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶƐŽĨWŽƚĞŶƚŝĂůĂƉĂĐŝƚLJ ŽŶƐƚƌĂŝŶƚƐ WĂƌĂŐƌĂƉŚϮϴ͘Ő DĂŬĞhƉĚĂƚĞƐƚŽƚŚĞ DŽĚĞůĂƐŶĞĐĞƐƐĂƌLJ ;DKDͿΎ ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ ůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ WĂƌĂŐƌĂƉŚϮϴ͘ŝ /ŵƉůĞŵĞŶƚĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ WĂƌĂŐƌĂƉŚϯϬ DŽĚĞůͲZĞͲĂůŝďƌĂƚŝŽŶ WƌŽĐĞƐƐ;DKDͿΎ ŽŶƐŽůŝĚĂƚĞĂŶĚWƌŝŽƌŝƚŝnjĞWŽƚĞŶƚŝĂůĂƉĂĐŝƚLJ ŽŶƐƚƌĂŝŶƚƐ WĂƌĂŐƌĂƉŚϮϴ͘Ĩ ĂƚĞŐŽƌŝnjĂƚŝŽŶŽĨ^^KƐ WĂƌĂŐƌĂƉŚϮϴ͘ď ĞƚĞƌŵŝŶĞ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶdĞĐŚŶŝƋƵĞ WĂƌĂŐƌĂƉŚϮϴ͘Ő ƐƐĞƐƐDĂŝŶƚĞŶĂŶĐĞ&ƌĞƋƵĞŶĐLJ;DKDͿΎ ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ WĂƌĂŐƌĂƉŚϮϵ ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚ^ƵŵŵĂƌLJZĞƉŽƌƚ WĂƌĂŐƌĂƉŚϮϴ͘Ś ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚ WƌŽŐƌĂŵ;DKDͿΎ ƉƉĞŶĚŝdž ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ WĂŐĞϭŽĨϰ dŚŝƐĂƉƉĞŶĚŝdžŝƐŵĞĂŶƚƚŽŝůůƵƐƚƌĂƚĞƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚĞŽŶƐĞŶƚĞĐƌĞĞ;͟͞Ϳ͘^ŝŐŶŝĨŝĐĂŶƚĚĞƚĂŝůĞdžŝƐƚƐŝŶ ƚŚĞƚŚĂƚŝƐŶŽƚŝŶƚŚŝƐƉƉĞŶĚŝdž͘dŽƚŚĞĞdžƚĞŶƚƚŚĂƚƚŚŝƐƉƉĞŶĚŝdžĂŶĚƚŚĞĂƌĞŝŶĐŽŶƐŝƐƚĞŶƚ͕ƚŚĞĐŽŶƚƌŽůƐ͘ ZĞĨĞƌƚŽůĞĂŶŝŶŐŽƌ ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂů WƌŽĐĞƐƐΎ WĂƌĂŐƌĂƉŚϮϴ͘Ě ^ĞĐƚŝŽŶƐs͕͘s͕͘ ĂŶĚs͘& ΎdŚĞƐĞĂĐƚŝǀŝƚŝĞƐǁŝůůŽĐĐƵƌĂƐ ƉĂƌƚŽĨƚŚĞDKD͘ tĞƚtĞĂƚŚĞƌͲZĞůĂƚĞĚ^^KŚĂƌĂĐƚĞƌŝnjĂƚŝŽŶWĂƌĂŐƌĂƉŚϮϴ͘Ă xǀĂůƵĂƚĞ^^KƐĚƵƌŝŶŐǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐϰLJĞĂƌƐďĞĨŽƌĞĂŶĚϯLJĞĂƌƐĂĨƚĞƌĨĨĞĐƚŝǀĞĂƚĞ xĐƚŝǀŝƚŝĞƐŵĂLJŝŶĐůƵĚĞĂƐĂƉƉƌŽƉƌŝĂƚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͗ xZĞǀŝĞǁĂǀĂŝůĂďůĞƌĞĐŽƌĚƐ xdĂůŬƚŽƐƚĂĨĨƚŚĂƚƉĞƌĨŽƌŵĞĚƚŚĞƉŽƐƚͲ^^KŝŶǀĞƐƚŝŐĂƚŝŽŶ xŽŶƐƵůƚǁŝƚŚĐůĞĂŶŝŶŐĂŶĚƌĞƉĂŝƌĐƌĞǁƐ xtĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐĂƌĞƌĂŝŶĞǀĞŶƚƐƚŚĂƚĞdžĐĞĞĚϭͲŝŶĐŚŽǀĞƌĂϮϰͲŚŽƵƌƉĞƌŝŽĚ ^LJƐƚĞŵͲtŝĚĞ,LJĚƌĂƵůŝĐDŽĚĞůŝŶŐ xŽƌƉƵƐŚƌŝƐƚŝǁŝůůƵƐĞĂϱͲLJĞĂƌ͕ϮϰͲ ŚŽƵƌĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵĂƚĞdžŝƐƚŝŶŐ ƉŽƉƵůĂƚŝŽŶƐĐĞŶĂƌŝŽŝŶƚŚĞŵŽĚĞůĂƐ ƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐƚŽ ŝĚĞŶƚŝĨLJĚŝƐĐƌĞƚĞƐLJƐƚĞŵĐŽŵƉŽŶĞŶƚƐ ƚŚĂƚƌĞƐƵůƚŝŶĂWƌŝŽƌŝƚLJϭƚŚƌŽƵŐŚϱ ĐĂƚĞŐŽƌŝnjĂƚŝŽŶĂƐĚĞƐĐƌŝďĞĚŝŶƚŚĞ ͞ŽŶƐŽůŝĚĂƚĞĂŶĚWƌŝŽƌŝƚŝnjĞWŽƚĞŶƚŝĂů ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐ͟ďŽdžďĞůŽǁ͘ x/ĚĞŶƚŝĨLJWƌŝŽƌŝƚLJϭƚŚƌŽƵŐŚϱƉŽƚĞŶƚŝĂů ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐ͘ ŽŶƐŽůŝĚĂƚĞĂŶĚWƌŝŽƌŝƚŝnjĞWŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐWĂƌĂŐƌĂƉŚϮϴ͘Ĩ WƌŝŽƌŝƚLJϭͲĂƚĞŐŽƌLJ^^KĂŶĚƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞůĂůƐŽƉƌĞĚŝĐƚƐ^^KǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͘ WƌŝŽƌŝƚLJϮͲtŚĞƌĞ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐ^^KǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͕ďƵƚǁŝƚŚŶŽŽďƐĞƌǀĞĚ^^K͘ ĂƚĞŐŽƌLJ^^K͕ďƵƚƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞůĚŽĞƐŶŽƚƉƌĞĚŝĐƚ^^KǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͘ WƌŝŽƌŝƚLJϯͲdŚĞ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐŚLJĚƌĂƵůŝĐŐƌĂĚĞůŝŶĞ;,'>ͿŶĞĂƌŐƌŽƵŶĚĞůĞǀĂƚŝŽŶǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚ ƉĂƌĂŵĞƚĞƌƐ͘ WƌŝŽƌŝƚLJϰͲĂƚĞŐŽƌLJ^^K͘ WƌŝŽƌŝƚLJϱͲdŚĞ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐƚŚĂƚƉŝƉĞĚĞƐŝŐŶĐĂƉĂĐŝƚLJŝƐĞdžĐĞĞĚĞĚĨŽƌƐƵƐƚĂŝŶĞĚϲϬŵŝŶƵƚĞƐŽƌŵŽƌĞ ďƵƚƚŚĞ,'>ŝƐŶŽƚŶĞĂƌƚŚĞŐƌŽƵŶĚĞůĞǀĂƚŝŽŶǁŝƚŚŝŶƚŚĞĂƐƐĞƐƐŵĞŶƚƉĂƌĂŵĞƚĞƌƐ͘ EŽƚĞƐ xdŚĞůŝƐƚĂďŽǀĞƌĞƉƌĞƐĞŶƚƐĐƌŝƚĞƌŝĂĨŽƌƵƐĞďLJŝƚLJŝŶƉƌŝŽƌŝƚŝnjŝŶŐƚŚĞƉŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐƚŚĂƚŵĂLJ ǁĂƌƌĂŶƚ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶ͘dŚĞŝƚLJǁŝůůƉƌŝŽƌŝƚŝnjĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐďLJ͕ŝŶŐĞŶĞƌĂů͕ƐƚĂƌƚŝŶŐĂƚƚŚĞƚŽƉŽĨƚŚĞůŝƐƚ͕ ǁŝƚŚWƌŝŽƌŝƚLJϭƚĂŬŝŶŐƚŚĞŚŝŐŚĞƐƚƉƌŝŽƌŝƚLJĂŶĚWƌŝŽƌŝƚLJϱƚĂŬŝŶŐƚŚĞůŽǁĞƐƚƉƌŝŽƌŝƚLJ͘/ŶŐĞŶĞƌĂů͕ƚŚĞŝƚLJƐŚĂůůƐƚĂƌƚ ǁŝƚŚWƌŝŽƌŝƚLJϭĂŶĚǁŽƌŬƚŽǁĂƌĚƐůŽǁĞƌƉƌŝŽƌŝƚŝĞƐĂƐŚŝŐŚĞƌƉƌŝŽƌŝƚLJĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐĂƌĞĐŽŶĐůƵĚĞĚ͘ŽƌƉƵƐ ŚƌŝƐƚŝŵĂLJƌĞƉƌŝŽƌŝƚŝnjĞƉŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐĂƐŶĞǁŝŶĨŽƌŵĂƚŝŽŶďĞĐŽŵĞƐĂǀĂŝůĂďůĞŽƌĂĚũƵƐƚŵĞŶƚƐƚŽ ƚŚĞŵŽĚĞůĂƌĞŵĂĚĞ͘ xWƌŝŽƌŝƚŝĞƐϭͲϰĂƌĞŵŽƌĞůŝŬĞůLJƚŚĂŶϱ͛ƐƚŽǁĂƌƌĂŶƚĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶ͕ƚŚŽƵŐŚƚŚŝƐƐŚĂůůďĞĚĞƚĞƌŵŝŶĞĚďĂƐĞĚƵƉŽŶĂ ĐĂƐĞͲďLJͲĐĂƐĞĞŶŐŝŶĞĞƌŝŶŐĂƐƐĞƐƐŵĞŶƚ;ĨŽƌĞdžĂŵƉůĞ͕ƐƵĐŚĂƐŝŶǀĞƌƚĞĚƐŝƉŚŽŶƐǁŚŝĐŚĂƌĞŝŶƚĞŶƚŝŽŶĂůůLJŽƉĞƌĂƚĞĚ ƐƵďŵĞƌŐĞĚǁŝƚŚ,'>ĂďŽǀĞƉŝƉĞĐƌŽǁŶͿ͘ xWƌŝŽƌŝƚLJϱ͛ƐƐŚĂůůďĞŬĞƉƚŽŶĂŵŽŶŝƚŽƌŝŶŐůŝƐƚŽƌŐŽƚŽĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶĂƐǁĂƌƌĂŶƚĞĚďĂƐĞĚƵƉŽŶĂĐĂƐĞͲďLJĐĂƐĞ ĞŶŐŝŶĞĞƌŝŶŐĂƐƐĞƐƐŵĞŶƚ͘WƌŝŽƌŝƚLJϱΖƐƚŚĂƚĚŽŶŽƚŐŽƚŽĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐŚĂůůďĞŬĞƉƚŽŶƚŚĞƉŽƚĞŶƚŝĂůĂƉĂĐŝƚLJ ŽŶƐƚƌĂŝŶƚůŝƐƚĂŶĚŵŽŶŝƚŽƌĞĚĂƐƵƉĚĂƚĞƐĂƌĞŵĂĚĞƚŽƚŚĞŵŽĚĞů͘ ƐƐĞƐƐDĂŝŶƚĞŶĂŶĐĞ&ƌĞƋƵĞŶĐLJĂƚĂ ;DKDͿΎ ǀĂůƵĂƚĞ͕ĂŶĚŵŽĚŝĨLJĂƐŶĞĞĚĞĚ͕ƚŚĞ ŵĂŝŶƚĞŶĂŶĐĞĨƌĞƋƵĞŶĐLJĨŽƌĞĂĐŚƉŝƉĞ ƵŶĚĞƌŝŶǀĞƐƚŝŐĂƚŝŽŶƚŽƉƌĞǀĞŶƚďůŽĐŬĂŐĞƐ ƚŚĂƚǁŽƵůĚƐŝŐŶŝĨŝĐĂŶƚůLJƌĞĚƵĐĞĚĞƐŝŐŶ ĐĂƉĂĐŝƚLJĚƵƌŝŶŐƚŚĞŝŶǀĞƐƚŝŐĂƚŝŽŶ DŽĚĞůZĞͲĐĂůŝďƌĂƚŝŽŶWƌŽĐĞƐƐ;DKDͿΎ xŽůůĞĐƚĂĚĚŝƚŝŽŶĂůĨůŽǁŵĞƚĞƌŝŶŐĚĂƚĂŽǀĞƌƚŝŵĞ xŽůůĞĐƚĂĚĚŝƚŝŽŶĂůƌĂŝŶŐĂƵŐĞĚĂƚĂŽǀĞƌƚŝŵĞ xƉƉůLJĂƉƉƌŽƉƌŝĂƚĞŽďƐĞƌǀĞĚƐƚŽƌŵĞǀĞŶƚƐƚŽŵŽĚĞů xĂůŝďƌĂƚĞƚŚĞŵŽĚĞůƚŽŵĂƚĐŚŵĞĂƐƵƌĞĚĨůŽǁƐ;ĨŽƌďŽƚŚĚƌLJĂŶĚǁĞƚ ǁĞĂƚŚĞƌĨůŽǁƐͿ xƐƐĞƐƐĐĂůŝďƌĂƚŝŽŶĂŶŽŵĂůŝĞƐĂŶĚĂĚũƵƐƚŵŽĚĞů EŽƚĞƐ xdŚŝƐƉƌŽĐĞƐƐŝƐĐƵƌƌĞŶƚůLJƉůĂŶŶĞĚƚŽŽĐĐƵƌĂƐŶĞĞĚĞĚŝŶƚŚĞĨƵƚƵƌĞ ĚĞƉĞŶĚŝŶŐŽŶƐLJƐƚĞŵŐƌŽǁƚŚͬĐŚĂŶŐĞƌĂƚĞŽƌŽƚŚĞƌĨĂĐƚŽƌƐ͘ x/ĨŶĞĞĚĞĚ͕ŵŽĚĞůƌĞͲĐĂůŝďƌĂƚŝŽŶǁŝůůďĞƉĞƌĨŽƌŵĞĚĂƐƉĂƌƚŽĨDKD ^ĞĞWĂŐĞϯ͕ĞƚĞƌŵŝŶĞ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶ dĞĐŚŶŝƋƵĞ ^ĞĞWĂŐĞϯ͕ DĂŬĞ DŽĚĞů hƉĚĂƚĞƐĂƐ EĞĐĞƐƐĂƌLJ ZĞĨĞƌƚŽ ůĞĂŶŝŶŐŽƌ ŽŶĚŝƚŝŽŶ ZĞŵĞĚŝĂů WƌŽĐĞƐƐΎ WĂƌĂŐƌĂƉŚ Ϯϴ͘Ě ^ĞĐƚŝŽŶs͘ ^ĞĐƚŝŽŶs͘ ^ĞĐƚŝŽŶs͘& ƉƉĞŶĚŝdž ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ WĂŐĞϮŽĨϰ ΎdŚĞƐĞ ĂĐƚŝǀŝƚŝĞƐ ǁŝůůŽĐĐƵƌĂƐ ƉĂƌƚŽĨƚŚĞ DKD͘ ĂƚĞŐŽƌŝnjĂƚŝŽŶŽĨ^^KƐWĂƌĂŐƌĂƉŚsϮϴ͘ď A)Most likely a capacity-related SSO. Existing data indicate that there does not appear to bea history of maintenance or structural issues that may have led to the SSO. B) Most likely maintenance related or condition related. Existing data indicate that the causeis most likely a maintenance-related cause such as FOG, roots, or debris, or a condition-related cause, such as a protruding lateral or an offset joint, but there may also be a Capacity Constraint at the SSO location. C) Not a capacity-related SSO. Existing data indicate that the SSO was not capacity related.Examples include isolated events such as pool or colling towers being drained into the sewer system or cleaning maintenance related issues such as significant FOG, roots, or debris. CD Paragraph 28.e &ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶƐŽĨWŽƚĞŶƚŝĂůĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐWĂƌĂŐƌĂƉŚϮϴ͘Ő ŝƚLJƐŚĂůůŝŵƉůĞŵĞŶƚƐĞůĞĐƚĞĚĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƚĞĐŚŶŝƋƵĞĂƚĞĂĐŚůŽĐĂƚŝŽŶǁŝƚŚĂƉƌŝŽƌŝƚLJϭͲϰƉŽƚĞŶƚŝĂů ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƵŶƚŝůĂƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚŽĐĐƵƌƐŝŶŽƌĚĞƌƚŽĚĞƚĞƌŵŝŶĞǁŚĞƚŚĞƌƚŚĞƌĞŝƐĂ ƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌƌĞƐƉŽŶƐĞ͘/ŶƉĞƌĨŽƌŵŝŶŐĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƐ͕ƚŚĞŝƚLJƐŚĂůůĂĚŚĞƌĞƚŽƚŚĞĨŽůůŽǁŝŶŐ ŐƵŝĚĞůŝŶĞƐ͗ x^ŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐĂƌĞƌĂŝŶĞǀĞŶƚƐƚŚĂƚĞdžĐĞĞĚϭͲŝŶĐŚŽǀĞƌĂϮϰͲŚŽƵƌƉĞƌŝŽĚ͘ xdŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵŝƐĂϱͲLJĞĂƌ͕ϮϰͲŚŽƵƌƐƚŽƌŵĂƚĞdžŝƐƚŝŶŐƉŽƉƵůĂƚŝŽŶƐĐĞŶĂƌŝŽ͘ x/ĨƚŚĞ,'>ŝƐĂƚŽƌŶĞĂƌŐƌŽƵŶĚƐƵƌĨĂĐĞĞůĞǀĂƚŝŽŶĚƵƌŝŶŐĂǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚůĞƐƐƚŚĂŶϭͲŝŶĐŚŽǀĞƌĂϮϰŚŽƵƌ ƉĞƌŝŽĚ͕ŝĚĞŶƚŝĨLJĂƐĂsĞƌŝĨŝĞĚĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚĂŶĚƌĞĨĞƌĨŽƌƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐ͘ x&ŽƌƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚƐƚŚĂƚĂƌĞůĞƐƐƚŚĂŶƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ƚŚĞĨŽůůŽǁŝŶŐŐƵŝĚĞůŝŶĞƐĂƉƉůLJ͗ xƉƉůLJŽďƐĞƌǀĞĚƐƚŽƌŵƚŽ,LJĚƌĂƵůŝĐDŽĚĞůĂŶĚĚĞƚĞƌŵŝŶĞƉƌĞĚŝĐƚĞĚ,'>ĂƚƚŚĞƉŽƚĞŶƚŝĂůĐĂƉĂĐŝƚLJ ĐŽŶƐƚƌĂŝŶƚůŽĐĂƚŝŽŶ͘ŽŵƉĂƌĞƉƌĞĚŝĐƚĞĚ,'>ĨƌŽŵ,LJĚƌĂƵůŝĐDŽĚĞůƚŽŽďƐĞƌǀĞĚ,'>͘ŽƌƉƵƐŚƌŝƐƚŝ ǁŝůůƵƐĞŝƚƐďĞƐƚƉƌŽĨĞƐƐŝŽŶĂůũƵĚŐŵĞŶƚƚŽĂĚũƵƐƚƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞůŝĨĂƉƉƌŽƉƌŝĂƚĞ͘ x/ĨŽďƐĞƌǀĞĚ,'>ŝƐĂƚŽƌĂďŽǀĞƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞů͛ƐƉƌĞĚŝĐƚĞĚ,'>ĂƚƚŚĞŽďƐĞƌǀĞĚƐƚŽƌŵ͗  Ă͘&ŽƌWƌŝŽƌŝƚLJϭ͕ϮĂŶĚϯ͗ŝĚĞŶƚŝĨLJĂƐĂsĞƌŝĨŝĞĚĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚĂŶĚƌĞĨĞƌĨŽƌĂůƚĞƌŶĂƚŝǀĞƐ ĂŶĂůLJƐŝƐ͕ĂƐĂƉƉƌŽƉƌŝĂƚĞ ď͘&ŽƌWƌŝŽƌŝƚLJϰĂŶĚϱ͗ĞǀĂůƵĂƚĞŽŶĂĐĂƐĞͲďLJͲĐĂƐĞďĂƐŝƐĂŶĚƌĞĨĞƌƚŽĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐ͕ĂƐ ĂƉƉƌŽƉƌŝĂƚĞ x/ĨŽďƐĞƌǀĞĚ,'>ŝƐůĞƐƐƚŚĂŶƚŚĞ,LJĚƌĂƵůŝĐDŽĚĞů͛ƐƉƌĞĚŝĐƚĞĚ,'>ĂƚƚŚĞŽďƐĞƌǀĞĚƐƚŽƌŵ͗ Ă͘&ŽƌWƌŝŽƌŝƚLJϭĂŶĚϮ͗ ŝ͘/Ĩ,LJĚƌĂƵůŝĐDŽĚĞůƉƌĞĚŝĐƚƐĂŶŽǀĞƌĨůŽǁĂƚƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ĞǀĂůƵĂƚĞŽŶĂĐĂƐĞͲďLJͲĐĂƐĞ ďĂƐŝƐĂŶĚƌĞĨĞƌĨŽƌƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐ͕ĂƐĂƉƉƌŽƉƌŝĂƚĞ͘ ŝŝ͘/Ĩ,LJĚƌĂƵůŝĐDŽĚĞůĚŽĞƐŶŽƚƉƌĞĚŝĐƚĂŶŽǀĞƌĨůŽǁĂƚƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ƌĞŵŽǀĞƚŚĞƐĞ ƐŝƚĞƐĨƌŽŵƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵĂƐĂƉƉƌŽƉƌŝĂƚĞ͘dŚĞŝƚLJǁŝůůĐŽŶƚŝŶƵĞƚŽŵŽŶŝƚŽƌ ƚŚĞƐĞƐŝƚĞƐĂƐƉĂƌƚŽĨDKD͘ ď͘&ŽƌWƌŝŽƌŝƚLJϯ͕ϰ͕ĂŶĚϱ͗ƌĞŵŽǀĞƚŚĞƐŝƚĞĨƌŽŵƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵĂƐ ĂƉƉƌŽƉƌŝĂƚĞ͘dŚĞŝƚLJǁŝůůĐŽŶƚŝŶƵĞƚŽŵŽŶŝƚŽƌƚŚĞƐĞƐŝƚĞƐĂƐƉĂƌƚŽĨDKD͘ xdŚĞŝƚLJǁŝůůĚĞƚĞƌŵŝŶĞƚŚĂƚŶŽĐĂƉĂĐŝƚLJĐŽŶƐƚƌĂŝŶƚĞdžŝƐƚƐĂƚĂƐŝƚĞǁŚĞŶĂǁĞƚǁĞĂƚŚĞƌĞǀĞŶƚŽĐĐƵƌƐƚŚĂƚŝƐ ĂƉƉƌŽdžŝŵĂƚĞůLJĞƋƵĂůƚŽŽƌĞdžĐĞĞĚƐƚŚĞĂƐƐĞƐƐŵĞŶƚƐƚŽƌŵ͕ĂŶĚŶŽŽǀĞƌĨůŽǁƚĂŬĞƐƉůĂĐĞ͘ŶLJƐƵĐŚƐŝƚĞƐǁŝůůďĞ ƌĞŵŽǀĞĚĨƌŽŵƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵĂŶĚŵŽŶŝƚŽƌĞĚŝŶƚŚĞĨƵƚƵƌĞĂƐƉĂƌƚŽĨDKD xtŚĞƌĞŶŽƐŝŐŶŝĨŝĐĂŶƚǁĞƚǁĞĂƚŚĞƌƌĞƐƉŽŶƐĞŽĐĐƵƌƐ͕ƚŚĞŝƚLJǁŝůůƌĞŵŽǀĞĂůŽĐĂƚŝŽŶĨƌŽŵƚŚĞĨŝĞůĚ ŝŶǀĞƐƚŝŐĂƚŝŽŶƉƌŽŐƌĂŵ DĂŬĞhƉĚĂƚĞƐƚŽƚŚĞ DŽĚĞůĂƐEĞĐĞƐƐĂƌLJ ;DKDͿΎ x^ƵĐŚƵƉĚĂƚĞƐŵĂLJ ŝŶĐůƵĚĞĐĂůŝďƌĂƚŝŽŶ ŽƉƉŽƌƚƵŶŝƚŝĞƐ ďĂƐĞĚŽŶĨůŽǁ ŵĞƚĞƌĚĂƚĂ͕ ƵƉĚĂƚĞƐƚŽ ĂƚƚƌŝďƵƚĞƐĨŽƵŶĚ ĚƵƌŝŶŐƚŚĞĨŝĞůĚ ŝŶǀĞƐƚŝŐĂƚŝŽŶ͕ ĂĐĐŽƵŶƚŝŶŐĨŽƌ ĚĞďƌŝƐůŽĂĚŝŶŐ͕Žƌ ŽƚŚĞƌƌĞůĞǀĂŶƚŶĞǁ ĚĂƚĂ EŽƚĞƐ xhƉĚĂƚĞƐǁŝůůďĞ ƉĞƌĨŽƌŵĞĚĂƐƉĂƌƚ ŽĨDKD ĞƚĞƌŵŝŶĞ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶdĞĐŚŶŝƋƵĞ WĂƌĂŐƌĂƉŚϮϴ͘Ő ĞƚĞƌŵŝŶĞǁŚŝĐŚ&ŝĞůĚ/ŶǀĞƐƚŝŐĂƚŝŽŶdĞĐŚŶŝƋƵĞŝƐŵŽƐƚĂƉƉƌŽƉƌŝĂƚĞĨŽƌĞĂĐŚŝĚĞŶƚŝĨŝĞĚƉŽƚĞŶƚŝĂů ĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚ x&ůŽǁŵĞĂƐƵƌĞŵĞŶƚ x>ĞǀĞůŵĞĂƐƵƌĞŵĞŶƚ xsŝƐƵĂůŝŶƐƉĞĐƚŝŽŶ xKƚŚĞƌ;ƐƉĞĐŝĨLJͿ ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚ^ƵŵŵĂƌLJZĞƉŽƌƚ (CD Paragraph 28.h) ^ĞĞĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚZĞƉŽƌƚdĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdž/. ZĞƉŽƌƚƚŽďĞƌĞǀŝĞǁĞĚĂŶĚĐŽŵŵĞŶƚĞĚƵƉŽŶďLJW. ƉƉĞŶĚŝdž ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ WĂŐĞϯŽĨϰ ^ĞĞWĂŐĞϰ ^ĞĞWĂŐĞϮ ^ĞĞWĂŐĞϮ ΎdŚĞƐĞ ĂĐƚŝǀŝƚŝĞƐ ǁŝůůŽĐĐƵƌĂƐ ƉĂƌƚŽĨƚŚĞ DKD͘ ƉƉĞŶĚŝdž ĂƉĂĐŝƚLJƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐƉƉƌŽĂĐŚ WĂŐĞϰŽĨϰ /ŵƉůĞŵĞŶƚĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ(CD Paragraph 30) x WƌŝŽƌŝƚŝnjĞƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂŶĚƉĞƌŝŽĚŝĐĂůůLJĞǀĂůƵĂƚĞƉƌŝŽƌŝƚŝĞƐ x'ĞŶĞƌĂůůLJ͕ƌĞǀŝĞǁƐĞǀĞƌŝƚLJŽĨĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚƐŝĚĞŶƚŝĨŝĞĚĚƵƌŝŶŐ ŝŶƐƉĞĐƚŝŽŶƐ͕ĨƌĞƋƵĞŶĐLJĂŶĚŚŝƐƚŽƌLJŽĨĐĂƉĂĐŝƚLJͲƌĞůĂƚĞĚ^^KƐ͕ƉŝƉĞƐŝnjĞ͕ĂŐĞ ĂŶĚŵĂƚĞƌŝĂů͕ŵĂŝŶƚĞŶĂŶĐĞŚŝƐƚŽƌLJ͕ƌĞůĂƚŝŽŶƐŚŝƉŽĨĂƉĂĐŝƚLJŽŶƐƚƌĂŝŶƚ ĂƌĞĂƐŽĨƚŚĞtd^ƚŽŐƌŽǁƚŚͲƌĞůĂƚĞĚŝŵƉƌŽǀĞŵĞŶƚƐĂŶĚͬŽƌĐŽŶĚŝƚŝŽŶͲ ƌĞůĂƚĞĚŝŵƉƌŽǀĞŵĞŶƚƐ͕ƉƌĂĐƚŝĐĂůƉůĂŶŶŝŶŐĐŽŶƐŝĚĞƌĂƚŝŽŶƐĂŶĚŽƚŚĞƌ ĐƌŝƚĞƌŝĂĚĞƚĞƌŵŝŶĞĚƚŽďĞĂƉƉƌŽƉƌŝĂƚĞďLJŽƌƉƵƐŚƌŝƐƚŝ͘ xŽŽƌĚŝŶĂƚĞǁŝƚŚĐŽŶĚŝƚŝŽŶƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐĂƐŶĞĞĚĞĚ xůůŽĐĂƚĞďƵĚŐĞƚ xĞƐŝŐŶĂƐŶĞĞĚĞĚ x/ŵƉůĞŵĞŶƚƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐ ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ (CD Paragraph 29) x ^ĞĞĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ dĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdž: x WůĂŶƌĞǀŝĞǁĞĚĂŶĚĂƉƉƌŽǀĞĚďLJW͘ ^ĞĞWĂŐĞϯ ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ ƐƌĞƋƵŝƌĞĚďLJWĂƌĂŐƌĂƉŚϮϴ͘ŝ͕ƚŚĞŝƚLJƐŚĂůůĐŽŵƉůĞƚĞĂŶĂŶĂůLJƐŝƐŽĨƚŚĞĂǀĂŝůĂďůĞƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƐƚŽĂĚĚƌĞƐƐsĞƌŝĨŝĞĚĂƉĂĐŝƚLJ ŽŶƐƚƌĂŝŶƚƐ͘ƐƉĂƌƚŽĨƚŚŝƐƉƌŽĐĞƐƐ͕ƚŚĞŝƚLJƐŚĂůů͗ xhƚŝůŝnjĞĞdžŝƐƚŝŶŐĚĂƚĂĂŶĚĐŽůůĞĐƚĂŶLJŶĞĐĞƐƐĂƌLJĂĚĚŝƚŝŽŶĂůĨŝĞůĚĚĂƚĂƐƵĐŚĂƐ͗ x^ŵŽŬĞƚĞƐƚŝŶŐ xLJĞƚĞƐƚŝŶŐ x&ůŽǁŵĞƚĞƌŝŶŐ xds x^ƵƌǀĞLJŝŶĨŽƌŵĂƚŝŽŶ xDĂŶŚŽůĞŝŶƐƉĞĐƚŝŽŶĚĂƚĂ xKƚŚĞƌĚĂƚĂĂƐŶĞĞĚĞĚ xhƐĞĞŶŐŝŶĞĞƌŝŶŐĂŶĂůLJƐŝƐƚŽĚĞƚĞƌŵŝŶĞǁŚŝĐŚƐŽůƵƚŝŽŶŝƐŵŽƐƚůŝŬĞůLJƚŽƌĞƐŽůǀĞƚŚĞĐŽŶƐƚƌĂŝŶƚĂƚƚŚĞůŽǁĞƐƚƉŽƐƐŝďůĞĐŽƐƚ ĐŽŶƐŝĚĞƌŝŶŐďŽƚŚůŽŶŐͲƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞĂŶĚůŝĨĞͲĐLJĐůĞĐŽƐƚ͘WŽƐƐŝďůĞŵĞĂƐƵƌĞƐŝŶĐůƵĚĞ͗;ϭͿƌĞͲƌŽƵƚŝŶŐĂƉŽƌƚŝŽŶŽĨƵƉƐƚƌĞĂŵ ǁĂƐƚĞǁĂƚĞƌĨůŽǁƐ͕;ϮͿZĞĚƵĐŝŶŐĨůŽǁƐĞŶƚĞƌŝŶŐƚŚĞtd^ĨƌŽŵĐƵƐƚŽŵĞƌƐ͕;ϯͿƌĞĚƵĐŝŶŐŝŶĨůŽǁ͕;ϰͿƌĞĚƵĐŝŶŐŝŶĨŝůƚƌĂƚŝŽŶ͕;ϱͿ /ŶĐƌĞĂƐĞĐŽŶǀĞLJĂŶĐĞĐĂƉĂĐŝƚLJŽĨtd^͕;ϲͿďƵŝůĚŝŶŐƵƉƐƚƌĞĂŵĨůŽǁĚĞƚĞŶƚŝŽŶĨĂĐŝůŝƚŝĞƐ͕;ϳͿĐŽŶƚŝŶƵĞĚŵŽŶŝƚŽƌŝŶŐ͕Žƌ;ϴͿŽƚŚĞƌ ĞŶŐŝŶĞĞƌŝŶŐƐŽůƵƚŝŽŶƐ͘ xƉƉůLJƚŚĞĚĞƐŝŐŶparametersĂŶĚdYƌĞƋƵŝƌĞĚŐƌŽǁƚŚƉƌŽũĞĐƚŝŽŶƚŽĚĞƚĞƌŵŝŶĞĂƉƉƌŽƉƌŝĂƚĞƉŝƉĞƐŝnjŝŶŐ͕ĂƐŶĞĞĚĞĚ͘ x&ŽƌĐŽŶǀĞLJĂŶĚƚƌĞĂƚƉƌŽũĞĐƚƐ͕ƚŚĞŝƚLJƐŚĂůůĞǀĂůƵĂƚĞƉŽƚĞŶƚŝĂůĚŽǁŶƐƚƌĞĂŵŝŵƉĂĐƚƐŝŶĐůƵĚŝŶŐƚŚĞĂďŝůŝƚLJŽĨƚŚĞttdWƚŽ ŚĂŶĚůĞƚŚĞĨůŽǁ͘ Appendix E Condition Assessment and Remedial Measures Approach $SSHQGL[( &RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK ŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚĂŶĚZĞŵĞĚŝĂůDĞĂƐƵƌĞƐĨŽƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐĂŶĚDĂŶŚŽůĞƐ ^ĞĐƚŝŽŶs͕͘WĂƌĂŐƌĂƉŚƐϭϴͲϮϳ /ŵƉůĞŵĞŶƚŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ WĂƌĂŐƌĂƉŚϮϱͲϮϲ ZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ WĂƌĂŐƌĂƉŚϮϯ WĂŐĞϭŽĨϰ DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ ;DKDͿΎ /ŶƐƉĞĐƚŝŽŶĂŶĚƐƐĞƐƐŵĞŶƚ WĂƌĂŐƌĂƉŚϭϵ DŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐ ;DKDͿΎ WĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵ WĂƌĂŐƌĂƉŚϮϳ ĞŐŝŶŶŝŶŐŽŶŽƌďĞĨŽƌĞϰLJĞĂƌƐĂĨƚĞƌ ĨĨĞĐƚŝǀĞĂƚĞ ^ŵĂůůŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ ;>ĞƐƐƚŚĂŶϮϰΗŝĂŵĞƚĞƌͿ >ĂƌŐĞŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ ;'ƌĞĂƚĞƌƚŚĂŶŽƌĞƋƵĂůƚŽϮϰΗŝĂŵĞƚĞƌͿDĂŶŚŽůĞƐ ŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ WĂƌĂŐƌĂƉŚϮϭ WƌŝŽƌŝƚLJWƌŽũĞĐƚƐWƌŽŐƌĂŵ WĂƌĂŐƌĂƉŚϮϬ ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ WĂƌĂŐƌĂƉŚϮϰ ƵĞϱ͘ϱLJĞĂƌƐĨƌŽŵĨĨĞĐƚŝǀĞĂƚĞ dŚŝƐĂƉƉĞŶĚŝdžŝƐŵĞĂŶƚƚŽŝůůƵƐƚƌĂƚĞƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚĞŽŶƐĞŶƚĞĐƌĞĞ;͟͞Ϳ͘^ŝŐŶŝĨŝĐĂŶƚĞƚĂŝůĞdžŝƐƚƐ ŝŶƚŚĞƚŚĂƚŝƐŶŽƚŝŶƚŚŝƐƉƉĞŶĚŝdž͘dŽƚŚĞĞdžƚĞŶƚƚŚĂƚƚŚŝƐƉƉĞŶĚŝdžĂŶĚƚŚĞĂƌĞŝŶĐŽŶƐŝƐƚĞŶƚ͕ƚŚĞĐŽŶƚƌŽůƐ͘ ΎdŚĞƐĞĂĐƚŝǀŝƚŝĞƐǁŝůůŽĐĐƵƌĂƐ ƉĂƌƚŽĨƚŚĞDKD͘ $SSHQGL[( &RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK WůĂŶ͕^ĐŚĞĚƵůĞ͕ĂŶĚŽŶĚƵĐƚ^LJƐƚĞŵtŝĚĞ/ŶƐƉĞĐƚŝŽŶĐƚŝǀŝƚŝĞƐ ^ŵĂůůŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ;>ĞƐƐƚŚĂŶϮϰΗŝĂŵĞƚĞƌͿ WĂƌĂŐƌĂƉŚƐϭϵ͘ĂĂŶĚϭϵ͘Ă͘ŝŝ /ŶƐƉĞĐƚŝŽŶŵĞƚŚŽĚƐ x&ŽƌŶŽŶͲWsƉŝƉĞƐĂƐĚĞƐĐƌŝďĞĚŝŶWĂƌĂŐƌĂƉŚϭϵ͘Ă͘ŝŝ͘ϭ͘ĂŶĚ ŶŽŶͲWsƉŝƉĞƐŝŶƚŚĞWĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵ ^ƵďĚŝǀŝƐŝŽŶƐŝŶƐƚĂůůĞĚďĞĨŽƌĞϭϵϳϰĂƐĚĞƐĐƌŝďĞĚŝŶ WĂƌĂŐƌĂƉŚϭϵ͘Ă͘ŝŝ͘Ϯ͗ xds x &ŽƌƉĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵƉŝƉĞŝŶƐƚĂůůĞĚďĞƚǁĞĞŶ ϭϵϳϰĂŶĚϭϵϴϮͿ͗ x &ŽƌƌĞŵĂŝŶŝŶŐƉŝƉĞƐ͕ŝŶĐůƵĚŝŶŐWsĂŶĚWĞƌĨŽƌŵŝŶŐƐƐĞƚƐ WƌŽŐƌĂŵƉŝƉĞƐŝŶƐƚĂůůĞĚďĞƚǁĞĞŶϭϵϴϯĂŶĚthe date ten years prior to the Effective Date͗ x ds͕Žƌ x ƐĞǁĞƌĐůĞĂŶŝŶŐĨŝŶĚŝŶŐƐ͖Žƌ x ƉŽůĞĐĂŵĞƌĂŝŶƐƉĞĐƚŝŽŶƐ͖Žƌ x ŵĞĐŚĂŶŝĐĂůƉƌŽŽĨŝŶŐ͖Žƌ x ƐŵŽŬĞƚĞƐƚŝŶŐ͖Žƌ x ĚLJĞƚĞƐƚŝŶŐ͖Žƌ x ŽƚŚĞƌƚĞĐŚŶŝƋƵĞƐĂƐƚŚĞLJďĞĐŽŵĞĂǀĂŝůĂďůĞĐŽŵŵŽŶůLJ ƵƚŝůŝnjĞĚďLJŽƚŚĞƌƐĞǁĞƌŵĂŶĂŐĞŵĞŶƚĂŐĞŶĐŝĞƐ͘ WƌŝŽƌŝƚŝnjĞƉŝƉĞƐĨŽƌŝŶƐƉĞĐƚŝŽŶ x WƌŝŽƌŝƚŝnjĞƉŝƉĞƐƉĞƌƚŚĞWƌŝŽƌŝƚŝnjĂƚŝŽŶƉƉƌŽĂĐŚƉƉĞŶĚŝdžC x ĚĚŝƚŝŽŶĂůŝŶƐƉĞĐƚŝŽŶƐĂƐŶĞĞĚĞĚĨŽƌŝŶǀĞƐƚŝŐĂƚŝŽŶƐ ^ĐŚĞĚƵůĞĂŶĚĐŽŶĚƵĐƚŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ x 'ĞŶĞƌĂůůLJ͕ƐĐŚĞĚƵůĞŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐŝŶĐŽŶũƵŶĐƚŝŽŶ ǁŝƚŚƐŵĂůůĚŝĂŵĞƚĞƌŐƌĂǀŝƚLJƐĞǁĞƌŵĂŝŶĐůĞĂŶŝŶŐ >ĂƌŐĞŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ ;'ƌĞĂƚĞƌƚŚĂŶŽƌĞƋƵĂůƚŽϮϰΗŝĂŵĞƚĞƌͿ WĂƌĂŐƌĂƉŚƐ17, ϭϵ͘ĂĂŶĚϭϵ͘Ă͘ŝ /ŶƐƉĞĐƚŝŽŶŵĞƚŚŽĚ x&ŽƌĂůůƉŝƉĞƐƌĞĨĞƌƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚWĂƌĂŐƌĂƉŚϭ7͗ x ds͖Žƌ x ŽƚŚĞƌĨƵůůůĞŶŐƚŚŝŶƚĞƌŶĂůǀŝƐƵĂů ŝŶƐƉĞĐƚŝŽŶ͘ x&ŽƌĂůůŽƚŚĞƌƉŝƉĞƐ (CD Paragraph 19)͗ xds͖Žƌ x^ŽŶĂƌ͖Žƌ xϯϲϬͲĚĞŐƌĞĞǀŝĚĞŽ͖Žƌ xůĂƐĞƌŝŵĂŐŝŶŐ͖Žƌ xǀŝƐƵĂůŝŶƐƉĞĐƚŝŽŶ͖Žƌ xƉŚLJƐŝĐĂůĞŶƚƌLJ͖Žƌ xŽƚŚĞƌƚĞĐŚŶŝƋƵĞƐĂƐƚŚĞLJďĞĐŽŵĞ ĂǀĂŝůĂďůĞĐŽŵŵŽŶůLJƵƚŝůŝnjĞĚďLJ ŽƚŚĞƌƐĞǁĞƌŵĂŶĂŐĞŵĞŶƚ ĂŐĞŶĐŝĞƐ͘ WƌŝŽƌŝƚŝnjĞƉŝƉĞƐĨŽƌŝŶƐƉĞĐƚŝŽŶ x WƌŝŽƌŝƚŝnjĞƉŝƉĞƐƉĞƌƚŚĞWƌŝŽƌŝƚŝnjĂƚŝŽŶ ƉƉƌŽĂĐŚƉƉĞŶĚŝdžC͘ x ĚĚŝƚŝŽŶĂůŝŶƐƉĞĐƚŝŽŶƐĂƐŶĞĞĚĞĚĨŽƌ ŝŶǀĞƐƚŝŐĂƚŝŽŶƐ͘ ^ĐŚĞĚƵůĞĂŶĚĐŽŶĚƵĐƚŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ DĂŶŚŽůĞƐ WĂƌĂŐƌĂƉŚϭϵ͘ď /ŶƐƉĞĐƚŝŽŶDĞƚŚŽĚƐ xsŝƐƵĂů ^ĐŚĞĚƵůĞĂŶĚĐŽŶĚƵĐƚ ŝŶƐƉĞĐƚŝŽŶĂĐƚŝǀŝƚŝĞƐ x/ŶƐƉĞĐƚŝŽŶƐŽĨ ŵĂŶŚŽůĞƐĂƐƐŽĐŝĂƚĞĚ ǁŝƚŚ^ŵĂůůŝĂŵĞƚĞƌ 'ƌĂǀŝƚLJ>ŝŶĞƐDĂŝŶƐ ƐŚĂůůŐĞŶĞƌĂůůLJďĞ ĐŽŶĚƵĐƚĞĚŽŶƚŚĞ ƐĂŵĞƐĐŚĞĚƵůĞƵƐĞĚ ĨŽƌƚŚĞŝŶƐƉĞĐƚŝŽŶŽĨ ƚŚĞĂƐƐŽĐŝĂƚĞĚ'ƌĂǀŝƚLJ ^ĞǁĞƌDĂŝŶ͕Žƌ ƐŽŽŶĞƌ͘ x/ŶƐƉĞĐƚŝŽŶƐŽĨ ŵĂŶŚŽůĞƐĂƐƐŽĐŝĂƚĞĚ ǁŝƚŚ>ĂƌŐĞŝĂŵĞƚĞƌ 'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ ƐŚĂůůŐĞŶĞƌĂůůLJďĞ ĐŽŵƉůĞƚĞĚǁŝƚŚŝŶĨŽƵƌ ;ϰͿLJĞĂƌƐŽĨƚŚĞ ĨĨĞĐƚŝǀĞĂƚĞ͘ ^ĞĞWĂŐĞϯ 'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚ dŚĞŝƚLJƐŚĂůůƉĞƌĨŽƌŵĂƐƐĞƐƐŵĞŶƚƐŽĨ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚŝƐĞĐƌĞĞ͕ĂŶĚƵƐŝŶŐƚŚĞ ĨŽůůŽǁŝŶŐŐƵŝĚĞůŝŶĞƐ͗ ϭ͘WƌŝŽƌŝƚŝnjĞƚŚĞƌĞǀŝĞǁŽĨŝŶƐƉĞĐƚŝŽŶĚĂƚĂďĂƐĞĚŽŶƚŚĞƐĞǀĞƌŝƚLJŽĨĨŝŶĚŝŶŐƐ͘&ŽƌdžĂŵƉůĞ͕ƉƌŝŽƌŝƚŝnjĞƌĞǀŝĞǁŽĨ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐƵƐŝŶŐ WWYƵŝĐŬZĂƚŝŶŐƐ͘/ŶŐĞŶĞƌĂů͕ƌĞǀŝĞǁƉŝƉĞƐǁŝƚŚŐƌĂĚĞϱĂŶĚϰĚĞĨĞĐƚƐĨŝƌƐƚ͕ĨŽůůŽǁĞĚďLJƉŝƉĞƐǁŝƚŚŐƌĂĚĞϯ͕Ϯ͕ŽƌϭĚĞĨĞĐƚƐ͘ Ϯ͘ĂƚĞŐŽƌŝnjĞĂůůŝŶƐƉĞĐƚĞĚ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐƵƐŝŶŐƚŚĞĨŽůůŽǁŝŶŐƚĂďůĞ͗ xWĞƌĨŽƌŵĂŶĂůLJƐŝƐŽŶŝŶƐƉĞĐƚŝŽŶĚĂƚĂĂŶĚĐŽŶƐŝĚĞƌĂƉƉƌŽƉƌŝĂƚĞĐƌŝƚĞƌŝĂǁŚŝĐŚŵĂLJŝŶĐůƵĚĞĨĂĐƚŽƌƐƐƵĐŚĂƐƚŚĞĨŽůůŽǁŝŶŐ͗ xdLJƉĞĂŶĚƐĞǀĞƌŝƚLJŽĨƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐ͕ůŽŶŐͲƚĞƌŵƉĞƌĨŽƌŵĂŶĐĞŽĨĂƐƐĞƚ͕ƚŚĞůŝĨĞͲĐLJĐůĞĐŽƐƚ͕ĂŶĚĐŽŶƐĞƋƵĞŶĐĞŽĨĨĂŝůƵƌĞ x,ŝƐƚŽƌŝĐĂůŽƉĞƌĂƚŝŽŶĂŶĚŵĂŝŶƚĞŶĂŶĐĞĚĂƚĂ͗ŽǀĞƌĨůŽǁƐ͕ŝŶƐƉĞĐƚŝŽŶƐ͕ĐůĞĂŶŝŶŐĨŝŶĚŝŶŐƐ͕ĐůĞĂŶŝŶŐĨƌĞƋƵĞŶĐLJ͕ƉƌĞǀŝŽƵƐ ƌĞŵĞĚŝĂƚŝŽŶ͕ĐƵƐƚŽŵĞƌĐŽŵƉůĂŝŶƚƐ͕ĂŶĚŽƚŚĞƌƵŶŝƋƵĞĐŝƌĐƵŵƐƚĂŶĐĞƐĨŽƌĞĂĐŚŝŶĚŝǀŝĚƵĂůĂƐƐĞƚ x^ŝƚĞĐŽŶĚŝƚŝŽŶƐ͗WƌŽƉĞƌƚLJƌŝŐŚƚƐ͕ĂĐĐĞƐƐĨŽƌŵĂŝŶƚĞŶĂŶĐĞĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶ͕ĚĞƉƚŚ͕ƐŽŝůƚLJƉĞ͕ĞŶǀŝƌŽŶŵĞŶƚĂůƐĞŶƐŝƚŝǀŝƚLJ͕ ƐƵƌĨĂĐĞƌĞƐƚŽƌĂƚŝŽŶƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂŶĚŽƚŚĞƌƵŶŝƋƵĞĐŝƌĐƵŵƐƚĂŶĐĞƐĨŽƌĞĂĐŚŝŶĚŝǀŝĚƵĂůĂƐƐĞƚ ĂƚĞŐŽƌLJ džĂŵƉůĞ^ƚƌƵĐƚƵƌĂůŽŶĚŝƚŝŽŶƐ >ŝŬĞůLJKƵƚĐŽŵĞ ͲsĞƌLJWŽŽƌ ŽŶĚŝƚŝŽŶ ^ƚƌƵĐƚƵƌĂůĐŽůůĂƉƐĞ͕ǁŚŝĐŚŚĂƐŽƌĐŽƵůĚůŝŬĞůLJĐĂƵƐĞ^^K͖ŽƌĐŽůůĂƉƐĞŝŵŵŝŶĞŶƚ ůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ ͲWŽŽƌ ŽŶĚŝƚŝŽŶ ^ŝŐŶŝĨŝĐĂŶƚŵŝƐƐŝŶŐŵĂƚĞƌŝĂůŽƌďƌŽŬĞŶŵĂƚĞƌŝĂů͕ƐĞǀĞƌĞĐŽƌƌŽƐŝ ŽŶǁŝƚŚĞdžƉŽƐĞĚƉŝƉĞǁĂůů ƌĞŝŶĨŽƌĐĞŵĞŶƚ͕ŽƌƉŝƉĞǁĂůůĚĞĨŽƌŵĂƚŝŽŶŐƌĞĂƚĞƌƚŚĂŶ ϮϱйĨƌŽŵƐƚƌƵĐƚƵƌĂůĚĞƚĞƌŝŽƌĂƚŝŽŶ ĐŽŵďŝŶĞĚǁŝƚŚŚŝŶŐĞĨƌĂĐƚƵƌĞƐ͘ ůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ Ͳ&Ăŝƌ ŽŶĚŝƚŝŽŶ WŝƉĞǁĂůůĚĞĨŽƌŵĂƚŝŽŶůĞƐƐƚŚĂŶϮϱйĨƌŽŵƐƚƌƵĐƚƵƌĂůĚĞƚĞƌŝŽƌĂƚŝŽŶĐŽŵďŝŶĞĚǁŝƚŚŚŝŶŐĞĐƌĂĐŬƐ͕ ĚŝƐƉůĂĐĞĚĨƌĂĐƚƵƌĞƐ͕ŽƌŵŽĚĞƌĂƚĞĐŽƌƌŽƐŝŽŶͲďƵƚŶŽƉŝƉĞǁĂůůƌĞŝŶĨŽƌĐĞŵĞŶƚǀŝƐŝďůĞ͘ DŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐŽƌ DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ ƵŶĚĞƌDKD Ͳ'ŽŽĚ ŽŶĚŝƚŝŽŶ WŝƉĞǁĂůůĚĞĨŽƌŵĂƚŝŽŶĨƌŽŵĐŽŶƐƚƌƵĐƚŝŽŶŝŵƉĂĐƚƐŽƌůĞƐƐƚŚĂŶϭϬйŽĨĚŝĂŵĞƚĞƌĨƌŽŵƐƚƌƵĐƚƵƌĂů ĚĞƚĞƌŝŽƌĂƚŝŽŶ͕ŵŝŶŽƌĐŽƌƌŽƐŝŽŶ͕ƐůŝŐŚƚůLJŽƉĞŶŶŽŶͲĚŝƐƉůĂĐĞĚĨƌĂ ĐƚƵƌĞƐ͕ŽƌŽƚŚĞƌŵŽĚĞƌĂƚĞ ŵĂƚĞƌŝĂůĚĞŐƌĂĚĂƚŝŽŶ͘ DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ ƵŶĚĞƌDKD ͲsĞƌLJ'ŽŽĚ ŽŶĚŝƚŝŽŶ DŝůĚĚĞĨĞĐƚƐǁŚŝĐŚŵĂLJŝŶĐůƵĚĞƚŝŐŚƚŶŽŶͲĚŝƐƉůĂĐĞĚĐƌĂĐŬƐŽƌŽƚŚĞƌŵŝůĚŵĂƚĞƌŝĂůĚĞŐƌĂĚĂƚŝŽŶ͘DĂŝŶƚĞŶĂŶĐĞŶĂůLJƐŝƐ ƵŶĚĞƌDKD WĂŐĞϮŽĨϰ •CCTV or pole camera $SSHQGL[( &RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK WĂŐĞϯŽĨϰ ^ĞĞWĂŐĞϮ DĂŶŚŽůĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚ dŚĞŝƚLJƐŚĂůůƉĞƌĨŽƌŵĂƐƐĞƐƐŵĞŶƚƐŽĨŵĂŶŚŽůĞƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ^ĞĐƚŝŽŶs͘ŽĨƚŚŝƐĞĐƌĞĞ͕ĂŶĚƵƐŝŶŐƚŚĞ ĨŽůůŽǁŝŶŐŐƵŝĚĞůŝŶĞƐ͗ xWƌŝŽƌŝƚŝnjĞƚŚĞƌĞǀŝĞǁŽĨŝŶƐƉĞĐƚŝŽŶĚĂƚĂďĂƐĞĚŽŶƚŚĞƐĞǀĞƌŝƚLJŽĨĨŝŶĚŝŶŐƐ͘&ŽƌĞdžĂŵƉůĞ͕ƉƌŝŽƌŝƚŝnjĞƌĞǀŝĞǁŽĨŵĂŶŚŽůĞ ŝŶƐƉĞĐƚŝŽŶƐƵƐŝŶŐƚŚĞǁŽƌƐƚĚĞĨĞĐƚ;ƐͿĂŶĚŝƚƐůŽĐĂƚŝŽŶ͘dŚŽƐĞŵĂŶŚŽůĞƐǁŝƚŚĚĞĨĞĐƚƐǁŚŝĐŚǁŽƵůĚƌĞƐƵůƚŝŶĂ ĐĂƚĞŐŽƌŝnjĂƚŝŽŶŽĨŽƌǁŽƵůĚďĞƌĞǀŝĞǁĞĚĨŝƌƐƚ͕ĨŽůůŽǁĞĚďLJƚŚŽƐĞŵĂŶŚŽůĞƐǁŝƚŚĚĞĨĞĐƚƐǁŚŝĐŚǁŽƵůĚƌĞƐƵůƚŝŶ ŵĂŶŚŽůĞĐĂƚĞŐŽƌŝnjĂƚŝŽŶƐŽĨ͕ Žƌ͘ xDĂŶŚŽůĞ/ͬ/ŽďƐĞƌǀĂƚŝŽŶƐǁŝůůďĞĐŽŶƐŝĚĞƌĞĚŝŶƚŚĞĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐƉƌŽĐĞƐƐŝĚĞŶƚŝĨŝĞĚ ŝŶWĂƌĂŐƌĂƉŚϮϴ͘ŝŽĨƚŚĞŽŶƐĞŶƚĞĐƌĞĞĂŶĚƚŚĞĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐďŽdžŝŶƉƉĞŶĚŝdžD ;ƐĞĞƉĂŐĞϰŽĨϰͿĨŽƌĐŽŶĨŝƌŵĞĚĐĂƉĂĐŝƚLJĐŽŶƐƚƌĂŝŶƚƐƚŚĂƚŵĂLJďĞĐĂŶĚŝĚĂƚĞƐĨŽƌĂŶŝŶĨůŽǁĂŶĚͬŽƌŝŶĨŝůƚƌĂƚŝŽŶƌĞĚƵĐƚŝŽŶ ƌĞŵĞĚŝĂůŵĞĂƐƵƌĞƉƌŽũĞĐƚ͘ xĂƚĞŐŽƌŝnjĞĂůůŝŶƐƉĞĐƚĞĚ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŶŚŽůĞƐƵƐŝŶŐƚŚĞĨŽůůŽǁŝŶŐƚĂďůĞ͗ ^ĞĞWĂŐĞϰ ĂƚĞŐŽƌLJ džĂŵƉůĞ^ƚƌƵĐƚƵƌĂůŽŶĚŝƚŝŽŶƐ >ŝŬĞůLJKƵƚĐŽŵĞ ͲsĞƌLJWŽŽƌ ŽŶĚŝƚŝŽŶ DĂŶŚŽůĞĐŽůůĂƉƐĞŽƌĐŽůůĂƉƐĞŝŵŵŝŶĞŶƚ͕ŽƌŽƚŚĞƌƐŝŐŶŝĨŝĐĂŶƚĚĞĨĞĐƚƚŚĂƚŚĂƐĐĂƵƐĞĚŽƌĐŽƵůĚůŝŬĞůLJ ĐĂƵƐĞĂŶ^^K͘^ƵĐŚƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐŝŶĚŝĐĂƚŝŶŐƉŽƚĞŶƚŝĂůƐƚƌƵĐƚƵƌĂůĨĂŝůƵƌĞŵĂLJŝŶĐůƵĚĞ͗ŵŝƐƐŝŶŐ ďƌŝĐŬƐ͕ĐĂƐƚŝŶŐĨĂŝůƵƌĞ͕ƐĞǀĞƌĞĐŽƌƌŽƐŝŽŶŝŶƚŚĞǁĂůůĂŶĚͬŽƌďĂƐĞĂŶĚďƌŽŬĞŶͬŵŝƐƐŝŶŐĐŽǀĞƌĂŶĚĨƌĂŵĞ͘ ůƚĞƌŶĂƚŝǀĞƐ ŶĂůLJƐŝƐ ͲWŽŽƌ ŽŶĚŝƚŝŽŶ ^ĞǀĞƌĞĐŽƌƌŽƐŝŽŶ͕ůĂƌŐĞŽƉĞŶĐƌĂĐŬƐ͕ĂŶĚƐŝŐŶŝĨŝĐĂŶƚŵŝƐƐŝŶŐďƌŝĐŬƐŽƌďƌŽŬĞŶǁĂůůƐ͕ĐĂƐƚŝŶŐƐ͕ĐŽǀĞƌƐ͕ ĨƌĂŵĞƐ͕ŽƌŽƚŚĞƌƐŝŐŶŝĨŝĐĂŶƚĚĞĨĞĐƚƚŚĂƚŚĂƐĐĂƵƐĞĚŽƌĐŽƵůĚůŝ ŬĞůLJĐĂƵƐĞĂŶ^^K^ƵĐŚƐƚƌƵĐƚƵƌĂů ĚĞĨĞĐƚƐŵĂLJŝŶĐůƵĚĞ͗ŽŶĞŽƌŵŽƌĞůĂƌŐĞ͕ŽƉĞŶĐƌĂĐŬƐ͕ƐĞƉĂƌĂƚĞĚĐĂƐƚŝŶŐ͕ĂĚũƵƐƚŵĞŶƚĨĂŝůƵƌĞƐŝŐŶŝĨŝĐĂŶƚ ĚĂŵĂŐĞĚĐŽǀĞƌĂŶĚĨƌĂŵĞ͕ƐŝŐŶŝĨŝĐĂŶƚĐŽƌƌŽƐŝŽŶŽĨŵĞƚĂůƐƵƌĨĂĐĞƐ͕ƐŝŐŶŝĨŝĐĂŶƚĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨ ĐŽŶĐƌĞƚĞŵŽƌƚĂƌďĞƚǁĞĞŶďƌŝĐŬƐ͕ĂŶĚƐŝŐŶŝĨŝĐĂŶƚĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨƉƌĞĐĂƐƚǁĂůůƐĞĐƚŝŽŶƐĂŶĚƉƌĞĐĂƐƚ ũŽŝŶƚĚĞĨĞĐƚƐ͘ ůƚĞƌŶĂƚŝǀĞƐ ŶĂůLJƐŝƐ Ͳ&Ăŝƌ ŽŶĚŝƚŝŽŶ DŽĚĞƌĂƚĞƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐŝŶĐůƵĚŝŶŐŵŽĚĞƌĂƚĞĐƌĂĐŬƐ͕ĐŽƌƌŽƐŝŽŶ͕ĂŶĚĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨǁĂůůƐ͕ĐĂƐƚŝŶŐƐ͕ ĐŽǀĞƌƐ͕ĂŶĚĨƌĂŵĞƐ͘^ƵĐŚĚĞĨĞĐƚƐŵĂLJŝŶĐůƵĚĞƚǁŽŽƌŵŽƌĞĐůŽƐĞĚ ĐƌĂĐŬƐ͕ůŽŽƐĞĐĂƐƚŝŶŐ͕ůŽŽƐĞďƌŝĐŬƐ͕ ŵŽĚĞƌĂƚĞĐŽƌƌŽƐŝŽŶŽĨŵĞƚĂůƐƵƌĨĂĐĞƐ͕ĂŶĚŵŽĚĞƌĂƚĞĚĞƚĞƌŝŽƌĂƚŝŽ ŶŽĨĐŽŶĐƌĞƚĞŵŽƌƚĂƌďĞƚǁĞĞŶďƌŝĐŬƐ͘ DŽŶŝƚŽƌŝŶŐŶĂůLJƐŝƐ ƵŶĚĞƌDKD Ͳ'ŽŽĚ ŽŶĚŝƚŝŽŶ DŝŶŽƌƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐŝŶĐůƵĚŝŶŐƐŵĂůůĐƌĂĐŬƐ͕ŵŝŶŽƌĚĞƚĞƌŝŽƌĂƚŝŽŶŽĨǁĂůůƐ͕ĐĂƐƚŝŶŐƐ͕ĐŽǀĞƌƐ͕ĂŶĚ ĨƌĂŵĞƐ͘EŽŵŽĚĞƌĂƚĞŽƌƐĞǀĞƌĞƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐ͘^ŝŶŐůĞĐůŽƐĞĚĐƌĂĐŬ͕ŵŝŶŽƌĨƌĂŵĞͬĐŽǀĞƌĚĞĨĞĐƚƐ͕ ŵŝŶŽƌŵĂŶŚŽůĞĐŽƌƌŽƐŝŽŶ͘ DĂŝŶƚĞŶĂŶĐĞ ŶĂůLJƐŝƐƵŶĚĞƌ DKD ͲsĞƌLJ'ŽŽĚ ŽŶĚŝƚŝŽŶ EŽĚĞĨĞĐƚƐŽƌĐŽƐŵĞƚŝĐĚĞĨĞĐƚƐƐƵĐŚĂƐŶŽŶͲĚŝƐƉůĂĐĞĚĐƌĂĐŬƐ͘ŵĂŶŚŽůĞǁŝƚŚŶŽŵŝŶŽƌ͕ŵŽĚĞƌĂƚĞŽƌ ƐĞǀĞƌĞƐƚƌƵĐƚƵƌĂůĚĞĨĞĐƚƐ͕ŽŶůLJĐŽƐŵĞƚŝĐĚĞĨĞĐƚƐŽďƐĞƌǀĞĚ͕ŝĨĂŶLJ͘ DĂŝŶƚĞŶĂŶĐĞ ŶĂůLJƐŝƐƵŶĚĞƌ DKD $SSHQGL[( &RQGLWLRQ$VVHVVPHQWDQG5HPHGLDO0HDVXUHV$SSURDFK /ŵƉůĞŵĞŶƚŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ WĂƌĂŐƌĂƉŚƐϮϱͲϮϲ 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ŝŶƐƉĞĐƚŝŽŶ ŵĞƚŚŽĚĂŶĚ ƐĐŚĞĚƵůĞ ŶĞdžƚ ŝŶƐƉĞĐƚŝŽŶ ĚĂƚĞĂƐ ǁĂƌƌĂŶƚĞĚ͘ ŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐWůĂŶ WĂƌĂŐƌĂƉŚϮϰ x ^ĞĞŽŶĚŝƚŝŽŶZĞŵĞĚŝĂůDĞĂƐƵƌĞƐZĞƉŽƌƚdĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdž, x ^ĐŚĞĚƵůĞĂŶĚƉƌŝŽƌŝƚŝnjĂƚŝŽŶƐƐŚĂůůďĞďĂƐĞĚŽŶ͗ƚŚĞƐĞǀĞƌŝƚLJŽĨ ĚĞĨĞĐƚƐŝĚĞŶƚŝĨŝĞĚ͖ĨƌĞƋƵĞŶĐLJĂŶĚŚŝƐƚŽƌLJŽĨ^^KƐ͖ƉŝƉĞƐŝnjĞ͕ĂŐĞĂŶĚ ŵĂƚĞƌŝĂů͖ŵĂŝŶƚĞŶĂŶĐĞŚŝƐƚŽƌLJ͖ĂƉƉƌŽƉƌŝĂƚĞŐƌŽƵƉŝŶŐŽĨ^ĞǁĞƌ ŽůůĞĐƚŝŽŶ^LJƐƚĞŵĂƐƐĞƚƐĨŽƌďŝĚƉĂĐŬĂŐĞƐĂŶĚŶĞŝŐŚďŽƌŚŽŽĚ ĚŝƐƌƵƉƚŝŽŶƌĞĚƵĐƚŝŽŶ͖ƐĐŚĞĚƵůŝŶŐƉƌĂĐƚŝĐĂůŝƚŝĞƐ͖ĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚ ĂƉĂĐŝƚLJZĞŵĞĚŝĂůDĞĂƐƵƌĞƐ͖ĂŶĚŽƚŚĞƌĂƉƉƌŽƉƌŝĂƚĞĨĂĐƚŽƌƐ͘ WĂŐĞϰŽĨϰ ^ĞĞWĂŐĞϯŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚ WĂƌĂŐƌĂƉŚϮϭ ^ĞĞŽŶĚŝƚŝŽŶƐƐĞƐƐŵĞŶƚZĞƉŽƌƚdĞŵƉůĂƚĞŝŶƉƉĞŶĚŝdžF WĞƌĨŽƌŵŝŶŐƐƐĞƚƐWƌŽŐƌĂŵ WĂƌĂŐƌĂƉŚϮϳ ĞŐŝŶŶŝŶŐŽŶŽƌďĞĨŽƌĞϰLJĞĂƌƐĂĨƚĞƌĨĨĞĐƚŝǀĞĂƚĞŝŵƉůĞŵĞŶƚĂƉƌŽŐƌĂŵ ŽĨŝŶƐƉĞĐƚŝŽŶ͕ĂƐƐĞƐƐŵĞŶƚĂŶĚƌĞŵĞĚŝĂƚŝŽŶŽĨ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐĂŶĚ ŵĂŶŚŽůĞƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚ^ŵĂůůŝĂŵĞƚĞƌ'ƌĂǀŝƚLJ^ĞǁĞƌDĂŝŶƐ͕ŶŽƚ ƐƵďũĞĐƚƚŽĞŝƚŚĞƌƚŚĞĂƌůLJzĞĂƌWƌŽŐƌĂŵŽƌƚŚĞŽŶĚŝƚŝŽŶZĞŵĞĚŝĂů DĞĂƐƵƌĞƐWůĂŶ͘ ΎdŚĞƐĞĂĐƚŝǀŝƚŝĞƐǁŝůůŽĐĐƵƌĂƐ ƉĂƌƚŽĨƚŚĞDKD͘ Type FirmCapacityinGPM(allpumpsoperating) FirmCapacityinGPM(largestpumpoutofservice) Inspector Date Good Fair Poor N/A *BuildingStructure Type: *BuildingRoof/Ceiling ർർർർ *BuildingFinishes ർർർർ *BuildingDoorsandWindows ർർർർ *BuildingHVAC Type:ർർർർ *Fencing Type:ർർർർ *Gates Type:ർർർർ *Site/Grounds Size:ർർർർ *Lighting ർർർർ *Pavement(Driving)Type:ർർർർ *Drainage Type:ർർർർ *Odor Comment:ർർർർ OdorControlSystem Type:ർർർർ OdorControlMechanical ർർർർ OdorControlMedia Type:ർർർർ *Noise ർർർർ *OverallSiteAppearance ർർർർ Comments BuildingandGrounds CityofCorpusChristiͲLiftStationAssessmentForm LiftStationName Location/Address LiftStationAssetID NumberofPumps * For purposes of this Lift Station Assessment Form, unless marked with an asterisk (*), all “Poor” ratings signify defects likely to cause or contribute to an SSO. Where an asterisk (*) is provided next to a category, a “poor” rating in that category shall not result in evaluation under the Condition Remedial Measures Alternative Analysis of the Corpus Christi Consent Decree with the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality. ** Refer to CMOM Plan CityofCorpusChristiͲLiftStationInspectionCheckList Page1of8 Good Fair Poor N/A WetWell Size: **Debris ർർർർ **Fats,oils,andgreaseർർർർ *Ventilation ർർർർ Walls Material:ർർർർ *Coatings Type:ർർർർ *AccessHatches Number:ർർർർ *Slab ർർർർ DryWell/ValveVault Walls Material:ർർർർ *Coatings Type:ർർർർ *Grating/Hatching Number:ർർർർ *Stairway/Ladder Material:ർർർർ Sump/Pump Number:ർർർർ *Ventilation Type:ർർർർ Comments Good Fair Poor N/A QuickConnect (Circle)YES / NO PipingandValves SuctionValve Number:ർർർർ CheckValve Number:ർർർർ DischargeValve Number:ർർർർ Mechanical Structural CityofCorpusChristiͲLiftStationInspectionCheckList Page2of8 AttachmentA Good Fair Poor N/A RiserPiping Material:ർർർർ DischargePiping Material:ർർർർ Fittings Material:ർർർർ Comments Pumps Pump1 AssetID Make CapacityGPM ImpellerDia./Code Good Fair Poor N/A Pump ർർർർ Seals ർർർർ Motor ർർർർ Shaft ർർർർ ElectricalCable ർർർർ *Noise ർർർർ *Vibration/Heat ർർർർ Pump1 *Oil ർർർർ Impellerർർർർ PackingRings ർർർർ InternalSealsർർർർ Horsepower Model Thefollowingcomponentsaretobeinspectedduringpumpdisassembly CityofCorpusChristiͲLiftStationInspectionCheckList 8/3/2018 Page3of8 Pump2AssetID Make CapacityGPM ImpellerDia./Code Good Fair Poor N/A Pump ർർർർ Seals ർർർർ Motor ർർർർ Shaft ർർർർ ElectricalCable ർർർർ *Noise ർർർർ *Vibration/Heat ർർർർ Pump2 *Oil ർർർർ Impellerർർർർ PackingRings ർർർർ InternalSealsർർർർ Pump3 AssetID Make CapacityGPM ImpellerDia./Code Good Fair Poor N/A Pump ർർർർ Seals ർർർർ Motor ർർർർ Shaft ർർർർ ElectricalCable ർർർർ *Noise ർർർർ *Vibration/Heat ർർർർ Thefollowingcomponentsaretobeinspectedduringpumpdisassembly Model Horsepower Model Horsepower CityofCorpusChristiͲLiftStationInspectionCheckList Page4of8 Pump3 Good Fair Poor N/A *Oil ർർർർ Impellerർർർർ PackingRings ർർർർ InternalSealsർർർർ Pump4 AssetID Make CapacityGPM ImpellerDia./Code Good Fair Poor N/A Pump ർർർർ Seals ർർർർ Motor ർർർർ Shaft ർർർർ ElectricalCable ർർർർ *Noise ർർർർ *Vibration/Heat ർർർർ Pump4 *Oil ർർർർ Impellerർർർർ PackingRings ർർർർ InternalSealsർർർർ Thefollowingcomponentsaretobeinspectedduringpumpdisassembly Model Horsepower Thefollowingcomponentsaretobeinspectedduringpumpdisassembly CityofCorpusChristiͲLiftStationInspectionCheckList Page5of8 Pump5 AssetID Make CapacityGPM ImpellerDia./Code Good Fair Poor N/A Pump ർർർർ Seals ർർർർ Motor ർർർർ Shaft ർർർർ ElectricalCable ർർർർ *Noise ർർർർ *Vibration/Heat ർർർർ Pump5 *Oil ർർർർ Impellerർർർർ PackingRings ർർർർ InternalSealsർർർർ Pump6 AssetID Make CapacityGPM ImpellerDia./Code Good Fair Poor N/A Pump ർർർർ Seals ർർർർ Motor ർർർർ Shaft ർർർർ ElectricalCable ർർർർ *Noise ർർർർ *Vibration/Heat ർർർർ Horsepower Model Horsepower Thefollowingcomponentsaretobeinspectedduringpumpdisassembly Model CityofCorpusChristiͲLiftStationInspectionCheckList Page6of8 Pump6 Good Fair Poor N/A *Oil ർർർർ Impellerർർർർ PackingRings ർർർർ InternalSealsർർർർ Good Fair Poor N/A ElectricalSystemPower Volt/Phase: Panel/Enclosures NEMA4X YESNO ർർർർ Transformers(AEP)ർർർർ Disconnect Type:ർർർർ Generator KW ർർർർ TransferSwitch ർർർർ ElectricalSystemControl Breakers Type:ർർർർ Speedcontrol/VFD Type:ർർർർ Starters Type:ർർർർ ControlRelays Type:ർർർർ Comments Good Fair Poor N/A Panel NEMA4X YESNO ർർർർ Instrumentation Level Type:ർർർർ Flow Type:ർർർർ Thefollowingcomponentsaretobeinspectedduringpumpdisassembly Instrumentation/SCADA ElectricalSystem CityofCorpusChristiͲLiftStationInspectionCheckList Page7of8 Good Fair Poor N/A PLC Type:ർർർർ SCADA ർർർർ RTU Type:ർർർർ Radio/Antenna Type:ർർർർ Comments Instrumentation/SCADA(continued) CityofCorpusChristiͲLiftStationInspectionCheckList Page8of8 Appendix F Condition Assessment Report Template Appendix F Condition Assessment Report Template Page 1 of 8 I. Cover II. Certification Declaration [Required certification, with language specified by the Consent Decree, signed by a responsible official of the City] III. Table of Contents [List of sections, tables, figures and appendices included in this report] IV. Acronyms and Abbreviations [Definitions of abbreviations and acronyms included in this report] V. Introduction A. Purpose This Report was prepared and submitted pursuant to Paragraphs 18-22 of the Consent Decree. This report describes the results of the Condition Assessment and Remedial Program, including assessments and Condition Remedial Measures completed during the first four (4) years after the Effective Date, and all activities conducted as part of the Priority Projects during the first four (4) years after the Effective Date. This report addresses the following Sewer Collection System assets: a) all Gravity Sewer Mains inspected or assessed in the first four (4) years after the Effective Date; b) all manholes associated with Small Diameter Gravity Sewer Mains inspected in the first four (4) years after the Effective Date; c) all manholes associated with Large Diameter Gravity Sewer Mains; d) all lift stations; and e) all Force Mains in the first two (2) years after the Effective Date. Appendix F Condition Assessment Report Template Page 2 of 8 VI. System-Wide Inspection Activities A. Inspection Method Overview [Provide a brief description of each inspection method utilized by the City; with a reference to the Condition Assessment and Remediation Process and Guidelines Appendix.] B. Gravity Sewer Main Inspection Map [Include a map showing the location of the gravity sewer main inspections, and inspection method(s). Inspections completed since 2010 for gravity sewer mains are included. Appendix F Condition Assessment Report Template Page 3 of 8 C. Gravity Sewer Main Inspection Status Gravity Sewer Main Inspection Progress Summary Program4 Asset Description Inspection Method Miles of Inspections Required Under Consent Decree1,2,3, 4 Miles Completed Prior to Effective Date1,2 Miles Completed since Effective Date1 Miles of Inspections Completed1,2 Cumulative Percent (%) Complete1 Priority Projects/ Condition Assessment Small Diameter Gravity Sewer – Non-PVC (See Paragraph 19.a.ii.2) CCTV or EPA approved proxy XX Small Diameter Gravity Sewer – PVC (Non- Performing Program Assets per Paragraph 19.a.ii.4) CCTV, Pole Camera, Visual Inspection (Smoke Testing, Review of Sewer Cleaning Findings, Dye Testing Mechanical Proofing), or EPA approved proxy XX Large Diameter Gravity Sewer CCTV, sonar, 360-degree video, laser imaging, visual inspection, physical entry, other techniques used by other sewer agencies, or EPA approved proxy XX Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: Includes gravity sewer main inspections meeting the criteria of CD paragraph 19 since 2010. Note 3: Number is fixed from the Effective Date. Note 4: Performing Assets Program work is reported in Annual Reports D. Manhole Inspection Map [Include a map showing the location of the inspections. Inspections completed since 2010 for manholes are included] Appendix F Condition Assessment Report Template Page 4 of 8 E. Manhole Inspection Status Manhole Inspection Summary Program Inspection Method Manhole Inspections Required Under Consent Decree1,2 Manholes Inspected Prior to Effective Date2 Manholes Inspected Since Effective Date Total Manhole Inspections Completed2 Cumulative Percent (%) Complete Condition Assessment Visual Inspection – Manholes on Small Diameter Gravity Sewer (Priority Projects Subdivisions) XX XX XX XX XX Visual Inspection – Manholes on Large Diameter Gravity Sewer (System-wide) XX XX XX XX XX Note 1: Number is fixed from the Effective Date. Note 2: Includes manhole inspections since 2010 meeting the criteria of CD paragraph 19.b. F. Lift Station Inspection Map [Include a map showing the location of the inspections. Inspections completed since 2015 for lift stations are included.] Appendix F Condition Assessment Report Template Page 5 of 8 G. Lift Station Inspection Status Lift Station Inspection Summary Program Inspection Method Inspections Required Under Consent Decree1,2 Inspected Prior to Effective Date2 Inspected Since the Effective Date Cumulative Inspections Completed2 Cumulative Percent (%) Complete System- wide Condition Assessment Visual (approved check list) XX XX XX XX XX Note 1: Number is fixed from the Effective Date. Note 2: Includes lift station inspections since 2015. H. Force Main Inspection Map [Include a map showing the location of the inspections. Inspections completed since 2015 for force mains are included] I. Force Main Inspection Status Force Main Inspection Summary Program Asset Description Inspection Method Inspections Required Under Consent Decree (number) 1,2 Inspections Prior to Effective Date2 Inspections Completed Since Effective Date Cumulative Inspections Completed2 Cumulative Percent (%) Complete System- wide / Condition Assessment Force Main Visual XX XX XX XX XX Air Release Valves Visual XX XX XX XX XX Note 1: Number is fixed from the Effective Date. Note 2: Includes force main inspections since 2015. Appendix F Condition Assessment Report Template Page 6 of 8 VII. Categorization of Sewer Main, Manhole, Force Main, Lift Station and Air Release Valve Condition A. Guidelines [Provide a brief description of the guidelines used for categorizing condition; consistent with the Condition Assessment and Remediation Process and Guidelines Appendix] B. Condition Categorization Summary Pipeline and Manhole Condition Categorization Summary Condition Category Small Diameter Gravity Sewer Mains (Miles)1 Large Diameter Gravity Sewer Mains (Miles)1 Number of Manholes Category A – Very Good XX XX XX Category B – Good XX XX XX Category C – Fair Condition XX XX XX Category D – Poor XX XX XX Category E – Very Poor XX XX XX Note 1: Gravity Sewer Main Segment length is included in miles. Lift Station, Force Main and Air Release Valve Condition Categorization Summary Condition Category Number of lift Stations Number of Force Mains Number of Air Release Valves Good XX XX XX Moderate XX XX XX Poor XX XX XX C. Maps of Condition Categories [Include one map for gravity sewer mains, one map for manholes, one map for Lift Stations and one map for force mains showing the location of the assets and the Condition Category. Maps may be combined or expanded to simplify presentation of results.] Appendix F Condition Assessment Report Template Page 7 of 8 VIII. Condition Assessment Results A. Condition Assessment Guidelines [Provide a brief description of the guidelines used for condition assessment activities; consistent with the Condition Assessment and Remediation Process and Guidelines Appendix. Provide a brief description of how the City applied the guidelines to develop the quantities of structural defects selected for Remedial Measures Alternative Analysis, Monitoring (CMOM) and Maintenance Analysis (CMOM).] B. Condition Assessment Results Condition Assessment Result Small Diameter Gravity Sewer Mains (miles)1 Large Diameter Gravity Sewer Mains (miles)1 Number of Manholes Number of Lift Stations Number of Force Mains Number of Air Release Valves Remedial Measures Alternatives Analysis XX XX XX XX XX XX Monitoring Analysis (CMOM) XX XX XX XX XX XX Maintenance Analysis (CMOM) XX XX XX XX XX XX Note 1: Gravity Sewer Main Segment length is included in miles. C. Maps of Condition Assessment Results [Include one map for gravity sewer mains, one map for manholes, one map for Lift Stations and one map for force mains showing the location of the assets and the Condition Assessment Results. Maps may be combined or expanded to simplify presentation of results.] IX. Priority Project Condition Remedial Measures (Through 4 Years from the Effective Date) Priority Small Diameter Gravity Sewer Main Condition Remediation Asset Description Completed2 Gravity Sewer Main (Miles)1 X Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Appendix F Condition Assessment Report Template Page 8 of 8 Priority Manhole Condition Remediation Asset Description Completed2 Manholes (number)1 X Note 1: Manhole remediation is reported in number of manholes completed. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Priority Force Main Condition Remediation Asset Description Completed 2 Force Main (number) X Air release valves (number) X Note 1: Force Main and air release valve remediation is reported in number of completed Force Main projects and number of air release valves. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Priority Lift Station Condition Remediation Asset Description Completed 2 Lift Station (number)1 X Note 1: Lift Station remediation is reported in number of completed Lift Station projects. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Appendix G Condition Remedial Measures Plan Report Template Appendix G Condition Remedial Measures Plan Report Template Page 1 of 5 I.Cover II.Certification Declaration [Required certification, with language specified by the Consent Decree, signed by a responsible official of the City] III.Table of Contents [List of sections, tables, figures and appendices included in this report] IV.Acronyms and Abbreviations [Definitions of abbreviations and acronyms included in this report] V.Introduction A.Purpose This Plan was prepared and submitted pursuant to Paragraph 24 of the Consent Decree. B.Regulatory Requirements This Plan summarizes the Condition Remedial Measures. The City will perform these measures, which have been prioritized and selected in accordance with Appendix E, in order to address verified structural defects in the City WCTS that cause or significantly contribute to Condition-related SSOs. This Plan describes the City’s strategy to implement the selected Condition Remedial Measures on a balanced annual basis during the remaining term of this Consent Decree. The City has prioritized and selected these Condition Remedial Measures based on appropriate factors reflected in Paragraph 23 and in Appendix E of the Consent Decree and in accordance with the requirements of Paragraph 24 of the Decree. The implementation timeframes in this Plan reflect practical planning requirements such as those stated in Paragraph 24 of the Consent Decree. Appendix G Condition Remedial Measures Plan Report Template Page 2 of 5 VI.Summary of Condition Assessment Summary Report [Provide a brief summary of the Condition Assessment Summary Report; and how it relates to this Plan.] VII.Remedial Measures Alternatives Analysis A.Guidelines for Alternatives Analysis Planning for implementation of Condition Remedial Measures follows the City’s completion of the Condition Remedial Measures Alternatives Analysis as described in Paragraph 23 of the Consent Decree. B.Remedial Measures Alternatives Analyses Results [Provide a brief description of the guidelines used for performing Alternatives Analysis; consistent with Condition Assessment and Remediation Process and Guidelines Appendix. Include a description of guidelines used to select monitoring analysis or maintenance analysis results.] Results of Completed Remedial Measures Alternatives Analyses Result Miles of Gravity Sewer Main1 Number of Manholes Number of Lift Stations Number of Force Mains Number of Air Release Valves Replace2 X X X X X Rehabilitate2 X X X X N/A Repair2 X X X X N/A Monitoring Analysis (CMOM) X X X X X Maintenance Analysis (CMOM) X X X X X Other (Specify) X X X X X Totals: X X X X X Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: See below Remediation Project List for Definitions of Replace, Rehabilitate, and Repair. C.Maps of Alternatives Analyses Results [Include one map for gravity sewer mains, one map for manholes, one map for lift stations, and one map for force mains showing the location of the assets and the Remedial Measures Alternatives Analysis Results. Maps may be combined or expanded to simplify presentation of results.] Appendix G Condition Remedial Measures Plan Report Template Page 3 of 5 VIII.Remediation Completed To Date A.Remedial Measures Progress [Summarize the Condition Remedial Measures that have been completed prior to submittal of this report.] Results of Completed Remedial Measures Asset Description Remedial Measure Technique2 Priority Projects Other Total Gravity Sewer Mains (miles)1 Replace Rehabilitate Repair Manholes (number) Replace Rehabilitate Repair Lift Stations (number) Replace Rehabilitate Repair Force Mains (number) Replace Rehabilitate Repair Air Release Valves (number) Replace Rehabilitate Repair Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: See below Remediation Project List for Definitions of Replace, Rehabilitate, and Repair. B.Maps of Remedial Measures Completed [Include a color coded map(s) for completed remediation by remediation technique and asset type (gravity sewer mains, manholes, lift stations and force mains).] Appendix G Condition Remedial Measures Plan Report Template Page 4 of 5 IX.Remedial Measures Plan A. Anticipated Remediation Timeframes [Summarize target remediation quantities for completion each year.] Asset Description Estimated2 Remedial Measure Technique Calendar Year X Calendar Year X Calendar Year X … Calendar Year 15 Total Gravity Sewer Mains (miles)1 Replace Rehabilitate Repair Manholes (number) Replace Rehabilitate Repair Lift Stations (number) Replace Rehabilitate Repair Force Mains (number) Replace Rehabilitate Repair Air Release Valves (number) Replace Rehabilitate Repair Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: For purposes of this table, the Remedial Measure Technique is estimated at the time of Plan’s submittal but not required to be implemented as shown. The sum of the 3 techniques (total miles or number) is required to be implemented. Note 3: See below Remediation Project List for Definitions of Replace, Rehabilitate, and Repair. B.Remediation Project List [Include a brief introductory paragraph explaining that this section identifies the prioritized projects with quantities and the anticipated completion dates for tracking during the annual report. The City may group assets, quantities or contracts together into projects for remedial measures plan purposes such as defining a quantity for indefinite delivery, indefinite quantity (IDIQ) Gravity Sewer Main remedial measures projects. ] Appendix G Condition Remedial Measures Plan Report Template Priority Projects for Completion Under Condition Remediation Project List Project Name Project Quantities (miles or number) Completion Date Condition Remediation Project List Project Name Project Quantities (miles or number) Completion Date Definitions for Repair, Rehabilitation, Replacement Gravity Sewers: Repair includes, but is not limited to, spot repairs or remediation of a portion of the pipe segment using trenchless or open-trench remediation. Rehabilitation includes, but is not limited to, trenchless sewer remediation from manhole to manhole such as lining or grouting. Replacement is replacing the sewer from manhole to manhole including pipe bursting, cured-in- place pipe, or slip-lining. Manholes: Repair or Rehabilitation includes poured in place liners, cured in place liners, cementitious coating, polymer coating, mechanical seals and insert replacement, bolt replacement, ring or cover replacement, manhole frame adjustment and resealing, bench/pipe/chimney/joint seals Replacement is entire manhole removed and new structure installed. Force Mains: Repair includes, but is not limited to, repairs or replacement of a portion of the force main. Rehabilitation includes, but is not limited to, lining the force main. Replacement is replacing the force main. Air Release Valves Replacement includes replacement of air release valves. Repair/Rehabilitation include, but are not limited to, repair/rehabilitation of individual components of air release valves. Lift Stations: Repair includes, but is not limited to, repairs to existing equipment or appurtenances. Rehabilitation includes, but is not limited to, partial replacement of equipment or appurtenances, or rehabilitation of the structure. Replacement includes replacement of major lift station components or the entire lift station. Page 5 of 5 Appendix H Capacity Assessment Report Template Appendix H Capacity Assessment Report Template Page 1 of 6 I.Cover II.Certification Declaration [Required certification, with language specified by the Consent Decree, signed by a responsible official of City] III.Table of Contents [List of sections, tables, figures and appendices included in this report] IV.Acronyms and Abbreviations [Definitions of abbreviations and acronyms included in this report] V.Introduction A.Purpose This Report was prepared and submitted pursuant to Paragraph 28.h of the Consent Decree. B.Regulatory Requirements This Report summarizes Capacity Assessment activities pursuant to Paragraph 28.a through 28.h of the Consent Decree. These Capacity Assessment requirements include Wet Weather SSO Characterization, Hydraulic Modeling evaluation and field investigation activities. Appendix H Capacity Assessment Report Template Page 2 of 6 VI.Wet-Weather Related SSO Characterization A.Guidelines [Provide a brief description of the guidelines used; with a reference to the Capacity Assessment and Remediation Process and Guidelines Appendix. Include the range of dates for historical SSOs that this section covers. Include a summary of the activities performed to address Category C SSOs.] B. Wet-Weather SSO Categorization Summary Wet Weather SSO Categorization Category Number of SSOs Category A – Most likely a capacity-related SSO X Category B – Most likely maintenance-related X Category C – Clearly not a capacity related SSO X Total X C.Map of Wet-Weather SSOs [Include four (4) maps showing the location of the following: •Categories A, B, and C Wet-Weather SSOs; •Category A Wet-Weather SSOs only; •Category B Wet-Weather SSOs only; and •Category C Wet-Weather SSOs only.] VII.System-wide Hydraulic Modeling Evaluation A.Model Overview [Provide a brief description of the model including software and existing population scenario, consistent with the Capacity Assessment and Remediation Process and Guidelines Appendix.] Appendix H Capacity Assessment Report Template Page 3 of 6 B.Model Maps [Include a map(s) showing the location of pipes in the model; scale and number of maps to be determined to adequately show model information.] C.Model Calibration and Updates [Provide a summary of model updates and calibration performed after Date of Entry of the Consent Decree (e.g. weather permitting) and prior to submittal of the Capacity Assessment Report consistent with the Capacity Assessment and Remediation Process and Guidelines Appendix, if any.] D.Prioritization of Potential Capacity Constraints [Provide a brief description of the guidelines used to prioritize potential capacity constraints; consistent with the Capacity Assessment and Remediation Process and Guidelines Appendix]. Potential Capacity Constraints Summary Category Number of Potential Capacity Constraints Priority 1 – Category A SSO and the Hydraulic Model also predicts a SSO X Priority 2 – Where Hydraulic Model predicts SSO, but with no observed SSO. Or a Category A SSO, but Hydraulic Model does not predict a SSO. X Priority 3 – Where Hydraulic Model predicts hydraulic grade line (HGL) near ground elevation X Priority 4 – Category B SSO X Priority 5 – Where pipe design capacity is exceeded for sustained 60 minutes or more but the HGL is not near the ground elevation X Total X E.Map and List of Potential Capacity Constraints [Include a map showing potential Capacity Constraints for all Priority Categories. Include separate maps for each Priority Category 1 through 5 showing the location of Potential Capacity Constraints. Include a list of Potential Capacity Constraints.] Appendix H Capacity Assessment Report Template Page 4 of 6 VIII.Field Investigations of Potential Capacity Constraints A.Guidelines [Provide a brief description of the guidelines used for selecting the type of field investigation technique for each potential capacity constraint; consistent with Capacity Assessment and Remediation Process and Guidelines Appendix.] B.Field Investigation Status Completed Field Investigations Technique1 Number of Potential Capacity Constraints Priority 1 Priority 2 Priority 3 Priority 4 Priority 5 Flow Measurement X X X X X Level Measurement X X X X X Chalking X X X X X Visual Inspection X X X X X Other (if applicable) X X X X X Monitor in future per Capacity Assessment and Remediation Process and Guidelines Appendix (CMOM) X X X X X Total X X X X X Note 1: Potential capacity constraints may be inspected with one or multiple techniques. The primary technique is reported. Appendix H Capacity Assessment Report Template Page 5 of 6 In-Progress Field Investigations Technique1 Number of Potential Capacity Constraints Priority 1 Priority 2 Priority 3 Priority 4 Priority 5 Flow Measurement X X X X X Level Measurement X X X X X Chalking X X X X X Visual Inspection X X X X X Other (if applicable) X X X X X Total X X X X X Note 1: Potential capacity constraints may be inspected with one or multiple techniques. The primary technique is reported. C.Map of Completed Field Investigations [Include one (1) map for each Priority Category 1 through 5 showing the location of each field investigation by technique.] D.Map of In-Progress Field Investigations [Include one (1) map for each Priority Category 1 through 5 showing the location of each field investigation by technique.] Appendix H Capacity Assessment Report Template Page 6 of 6 IX.Capacity Assessment Results A.Capacity Assessment Guidelines [Provide a brief description of the guidelines used for assessing field investigation results; consistent with Capacity Assessment and Remediation Process and Guidelines Appendix.] B.Capacity Assessment Results Capacity Assessment Result Number of Locations Verified Capacity Constraint Remedial Measures Alternatives Analysis X Monitor in the future per Capacity Assessment and Remediation Process and Guidelines Appendix (CMOM) X Not a Capacity Constraint X Total X C.Map and List of Capacity Assessment Results [Include a color coded map showing the location of the Capacity Assessment Results. Provide a list of Verified Capacity Constraint Remedial Measures Alternatives Analysis.] Appendix I Capacity Remedial Measures Plan Report Template Appendix I Capacity Remedial Measures Plan Report Template Page 1 of 4 I.Cover II.Certification Declaration [Required certification, with language specified by the Consent Decree, signed by a responsible official of the City] III.Table of Contents [List of sections, tables, figures and appendices included in this report] IV.Acronyms and Abbreviations [Definitions of abbreviations and acronyms included in this report] V.Introduction A.Purpose This Plan was prepared and submitted pursuant to Paragraph 29 of the Consent Decree. B.Regulatory Requirements This Plan summarizes City recommended Capacity Remedial Measures that have been prioritized and selected in accordance with Appendix D to address verified Capacity Constraints in the City’s Sewer Collection System that cause or significantly contribute to Capacity-related SSOs. This Plan describes City plans to implement the selected Capacity Remedial Measures on a balanced annual basis during the remaining term of this Decree. The City has prioritized and selected these Capacity Remedial Measures based on appropriate factors reflected in Paragraph 28.i and in Appendix D of the Consent Decree and in accordance with the requirements of Paragraph 29 of the Decree. The implementation time-frames in this Plan reflect practical planning requirements such as those stated in Paragraph 30 of the Consent Decree. Appendix I Capacity Remedial Measures Plan Report Template Page 2 of 4 VI.Summary of Capacity Assessment Summary Report [Brief summary of the Capacity Assessment Summary Report and how it relates to this Plan.] VII.Remedial Measures Alternatives Analysis A.Guidelines for Alternative Analysis The Plan for Capacity Remedial Measures follows the City’s completion of the Capacity Remedial Measures Alternatives Analysis as described in Paragraph 28.i and in Appendix D of the Consent Decree. B.Remedial Measures Alternatives Analysis Results [Provide a brief description of the guidelines used for performing alternatives analysis; consistent with Capacity Assessment and Remediation Process and Guidelines Appendix. Include a description of guidelines used to select continued monitoring results.] Results of Remedial Measures Alternatives Analyses Remedial Measures Alternatives Analysis Result * Number of Verified Capacity Constraints for Remedial Measures Alternatives Analysis Re-route a portion of upstream wastewater flows X Reduce flows entering the WCTS X Reduce inflow X Reduce infiltration X Increase conveyance capacity X Upstream flow detention facilities X Continued monitoring X Other (Specify) X Totals: X * Note: Approach for actual implementation may be different than Alternatives Analyses result pursuant to Paragraph 30 and Appendix D of the Consent Decree. Some Capacity Constraints may require more than one remedial measure technique. The predominant remedial measure technique will prevail for reporting purposes. C.Map of Alternatives Analysis Results [Include a color coded map showing the location of each type of result.] Appendix I Capacity Remedial Measures Plan Report Template Page 3 of 4 VIII.Remediation Completed A.Remedial Measures Progress [Summarize the Capacity Remedial Measures that have been completed prior to submittal of this report.] Completed Remedial Measures Remedial Measure Technique2 Total Gravity Sewer Mains (miles)1 Re-route a portion of upstream wastewater flows Reduce flow entering WCTS Reduce inflow Reduce infiltration Increase conveyance capacity Upstream flow detention facilities Other (specify) Force Mains (number) Increase conveyance capacity Lift Stations (number) Increase conveyance capacity Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: Some Capacity Constraints may require more than one remedial measure technique. The predominant remedial measure technique will be the one reported in the Capacity Remedial Measures Plan. B.Map of Remedial Measures Completed [Include one (1) color coded map for completed remedial measures] IX.Remedial Measures Plan A. Anticipated Remediation Timeframes [Summarize target remediation quantities for completion each year. Include a list of Lift Stations and Force Mains that require capacity upgrades per the Remedial Measures Plan.] Appendix I Capacity Remedial Measures Plan Report Template Page 4 of 4 Anticipated Remediation Timeframes Remedial Measure Technique1 Calendar Year X Calendar Year X … Calendar Year X Total Gravity Sewer Mains (Number of constraints addressed) Re-route a portion of upstream wastewater flows Reduce flow entering WCTS Reduce inflow Reduce infiltration Increase conveyance capacity Upstream flow detention facilities Other (specify) Force Mains (number) Increase conveyance capacity Lift Stations (number) Increase conveyance capacity Note 1: Some Capacity Constraints may require more than one remedial measure technique. The predominant remedial measure technique will be the one reported in the Capacity Remedial Measures Plan. B.Maps of Anticipated Remediation Timeframe [Include a color coded map for each year identifying the capacity constraints and the remedial measure method that will be utilized to address each capacity constraint.] C.Remediation Project List Remediation Project List Project Name Project Quantities (Miles or number) Completion Date Appendix J Annual Report Template Appendix J Annual Report Template Page 1 of 12 I. Cover II. Certification Declaration [Required certification, with language specified by the Consent Decree, signed by a responsible official of the City] III. Table of Contents [List of sections, tables, figures and appendices included in this report] IV. Acronyms and Abbreviations [Definitions of abbreviations and acronyms included in this report] V. Introduction A. Purpose This Report was prepared and submitted to EPA and TCEQ pursuant to Paragraph 48 of the Consent Decree. B. Regulatory Requirements This Report summarizes activities completed during the previous Calendar year for the following requirements in Sections V of the Consent Decree: Condition Assessment and Condition Remedial Measures including Priority Projects work, Capacity Assessment and Capacity Remedial Measures, CMOM, and WWTP Consolidation. Appendix J Annual Report Template Page 2 of 12 VI. Priority Projects Condition Remedial Measures Priority Projects Gravity Sewer Main Condition Remediation Asset Description Completed in Calendar Year X Cumulative Completed 2 Gravity Sewer Main (Miles)1 X X Note 1: Gravity Sewer Main Segment length is included in miles. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Priority Projects Manhole Condition Remediation Asset Description Completed in Calendar Year X Cumulative Completed 2 Manholes (number)1 X X Note 1: Manhole remediation is reported in number of manholes completed. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Priority Projects Force Main Condition Remediation Asset Description Completed in Calendar Year X Cumulative Completed 2 Force Main (number)1 X X Air Release Valves1 X X Note 1: Force Main and air release valve remediation is reported in number of completed Force Main projects and number of air release valves. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Priority Projects Lift Station Condition Remediation Asset Description Completed in Calendar Year X Cumulative Completed 2 Lift Station (number)1 X X Note 1: Lift Station remediation is reported in number of completed Lift Station projects. Note 2: Includes all repair, rehabilitation and replacement work completed since the Effective Date. Appendix J Annual Report Template Page 3 of 12 Existing Capital Improvement Projects (Consent Decree Appendix A) Project Name Project Status Laguna Shores Road Force Main Replacement McBride Lift Station and Force Main Improvements VII. CMOM A. SSO Reporting Summary of Total Annual SSOs Occurring After the Effective Date (up to 15 years) Year # of SSOs caused by grease # of SSOs caused by I/I or Capacity # of SSOs caused by roots and debris # of SSOs caused by lift station failure # of SSOs caused by structural failure # of SSOs caused by other factors XX XX XX XX XX XX XX XX XX XX XX XX XX XX Summary of Information Regarding SSOs Occurring After the Effective Date (up to 15 years) Year Total # of SSOs Total SSO Discharge Volume # of Media Reports Issued XX XX XX XX XX XX XX XX B. Fats, Oils, and Grease Control Program Inspections and Enforcements Actions in Calendar Year X Number of Permitted Food Service Establishments Number of Inspections Number of Enforcement Actions XX XX XX Appendix J Annual Report Template Page 4 of 12 C. Sewer Cleaning Small Diameter System-Wide Cleaning Program Summary Total Small Diameter Miles3 Miles Cleaned in Calendar Year X1,3 % Cleaned in Calendar Year X % Required per Calendar Year2 XX XX XX 12% Note 1: Miles cleaned includes hot spot cleaning. Note 2: Percentage may be prorated for any partial Calendar Year. Note 3: Gravity Sewer Main Segment length is included in miles. Small Diameter System-Wide Cleaning Program Cumulative Status Miles of Cleaning Required Under Consent Decree = X1 Unique Small Diameter Cumulative Percent Completed2 Completed Prior to CD Effective Date X Year 1 X Year 2 X … X Year X X Note 1: Mileage is fixed from Effective Date Note 2: This does not include repeat cleaning for hot spot areas. Large Diameter Cleaning Program Status Total Large Diameter Miles1,2 Miles Cleaned in Calendar Year X2 % Cleaned in Calendar Year X XX XX XX Note 1: Mileage is fixed from the Effective Date. Note 2: Gravity Sewer Main Segment length is included in miles. Appendix J Annual Report Template Page 5 of 12 Large Diameter Cleaning Program Cumulative Status Unique Large Diameter Cumulative Percent Completed1 Completed Prior to CD Effective Date X Year 1 X Year 2 X … X Year X X Note 1: This does not include repeat cleaning for hot spot areas. VIII. Condition Assessment A. Gravity Sewer Main Condition Inspection Efforts Gravity Sewer Main Inspection Summary [Reference Paragraph 18 for condition assessment] Program Asset Description Inspection Method Miles of Inspections Required Under Consent Decree1,2,3,4 Miles Completed Prior to Effective Date2,3 Miles Completed since Effective Date2 Miles of Inspections Completed 2,3 Cumulative Percent (%) Complete1 Priority Project / Condition Assessment Small Diameter Gravity Sewer Mains – Non-PVC (See Paragraph 19.a.ii.1.a) CCTV, or EPA approved proxy XX Small Diameter Gravity Sewer Mains – PVC (Non- Performing Program Assets per Paragraph 19.a.ii.3) CCTV, pole camera, smoke testing, review of sewer cleaning findings, dye testing, mechanical proofing, or EPA approved proxy XX Appendix J Annual Report Template Page 6 of 12 Program Asset Description Inspection Method Miles of Inspections Required Under Consent Decree1,2,3,4 Miles Completed Prior to Effective Date2,3 Miles Completed since Effective Date2 Miles of Inspections Completed 2,3 Cumulative Percent (%) Complete1 Large Diameter Gravity Sewer Mains CCTV, sonar, 360- degree video, laser imaging, visual inspection, physical entry, other common techniques or EPA approved proxy XX Note 1: The Consent Decree does not require inspection of all facilities to be completed prior to submittal of the Annual Report. Note 2: Gravity Sewer Main Segment length is included in miles. Note 3: Includes Gravity Sewer Main inspections since 2010. Note 4: Number is fixed from the Effective Date. Program Asset Description Inspection Method Miles of Inspections Required Under Consent Decree1,2,3,- Miles Completed Prior to Effective Date2,3 Miles Completed since Effective Date2 Miles of Inspections Completed 2,3 Cumulative Percent (%) Complete1 Performing Assets Small Diameter Gravity Sewer Mains – Installed Prior to 1974 (See Paragraph 19.a.ii.1.c) CCTV, or EPA approved proxy XX Small Diameter Gravity Sewer – Installed Between 1974 and 1982 (See Paragraph 19.a.ii.2) CCTV, pole camera, or EPA approved proxy XX Small Diameter Gravity Sewer Mains – Installed between 1983 through 2007 (See Paragraph 19.a.ii.3) CCTV, Pole Camera, smoke testing, review of sewer cleaning findings, dye testing, mechanical proofing, or EPA approved proxy XX Appendix J Annual Report Template Page 7 of 12 Note 1: The Consent Decree does not require inspection of all facilities to be completed prior to submittal of the Annual Report. Note 2: Gravity Sewer Main Segment length is included in miles. Note 3: Includes Gravity Sewer Main inspections since 2010. B. Gravity Sewer Main Inspection Map [Include a map showing the location of the inspections. The map will differentiate between inspections completed during the calendar year reported in the annual report and inspections completed prior to the calendar year reported in the annual report. Inspections completed prior to the calendar year reported in the annual report will include inspections from 2010.] C. Manhole Inspection Manhole Inspection Summary Program Inspection Method Manhole Inspections Required Under Consent Decree1,2 Manholes Inspected Prior to Effective Date2 Manholes Inspected Since Effective Date2 Total Manhole Inspections Completed Cumulative Percent (%) Complete2 Priority Projects / Condition Assessment Visual Inspection – Manholes on Small Diameter Gravity Sewer XX XX XX XX XX Visual Inspection – Manholes on Large Diameter Gravity Sewer XX XX XX XX XX Performing Assets Visual Inspection – Manholes on Small Diameter Gravity Sewer XX XX XX XX XX Note 1: Number is fixed from Effective Date. Note 2: Includes manhole inspections since 2010. Appendix J Annual Report Template Page 8 of 12 D. Manhole Inspection Map [Include a map showing the location of the inspections. The map will differentiate between inspections completed during the calendar year reported in the annual report and inspections completed prior to the calendar year reported in the annual report. Inspections completed prior to the calendar year reported in the annual report will include inspections from 2010.] E. Force Main Condition Assessment Program Force Main Inspection Summary Program Asset Description Inspection Method Inspections to be Completed Under Consent Decree (number) 1,2 Inspections Completed in Calendar Year X Cumulative Inspections Completed2 Cumulative Percent (%) Complete System- wide / Condition Assessment Force Main Visual XX XX XX XX Air Release Valves Visual XX XX XX XX Note 1: Number is fixed from the Effective Date. Note 2: Includes force main inspections since 2015. F. Lift Station Condition Assessment Program Lift Station Inspection Summary Program Inspection Method Inspections to be Completed Under Consent Decree1,2 Inspections Completed in Calendar Year X Cumulative Inspections Completed2 Cumulative Percent (%) Complete System- wide / Condition Assessment Visual (approved check list) XX XX XX XX Note 1: Number is fixed from the Effective Date. Note 2: Includes lift station inspections since 2015. Appendix J Annual Report Template Page 9 of 12 Condition Categorization Summary Condition Categorization Summary in Calendar Year X Condition Category Miles of Gravity Sewer Mains1 Number of Manholes Category A – Very Good XX XX Category B – Good XX XX Category C – Fair XX XX Category D – Poor XX XX Category E – Very Poor XX XX Note 1: Gravity Sewer Main Segment length is included in miles. Condition Category Number of Lift Stations Number of Force Mains Number of Air Release Valves Good XX XX XX Moderate XX XX XX Poor XX XX XX G. Map of Condition Categories [Include a map showing the location of the categorized assets for assets categorized during the calendar year reported in the annual report.] H. Condition Assessment Results Condition Assessment Results in Calendar Year X Condition Assessment Result Miles of Gravity Sewer Mains1 Number of Manholes Number of Force Mains Number of Air Release Valves Number of Lift Stations Remedial Measures Alternatives Analysis XX XX XX XX XX Monitoring XX XX XX XX XX Maintenance Analysis XX XX XX XX XX Note 1: Gravity Sewer Main Segment length is included in miles. Appendix J Annual Report Template Page 10 of 12 I. Map of Condition Assessment Results [Include a map showing the location of the results for results determined during the calendar year reported in the annual report.] IX. Capacity Assessment A. Wet-Weather Related SSO Categorization Wet Weather SSO Categorization for Calendar Year X Category Number of SSOs Category A – Most likely a capacity-related SSO X Category B – Most likely maintenance-related X Category C – Clearly not a capacity related SSO X Total X B. Wet-Weather SSO Categorization Summary Map [Include a map showing the location of the wet-weather SSO categories for SSOs categorized during the calendar year reported in the annual report.] C. Prioritization of Potential Capacity Constraints Potential Capacity Constraints Summary Category Number of Potential Capacity Constraints Identified in Calendar Year X Priority 1 – Category A SSO and the Hydraulic Model also predicts a SSO X Priority 2 – Where Hydraulic Model predicts SSO, but with no observed SSO. Or a Category A SSO, but Hydraulic Model does not predict a SSO. X Priority 3 – Where Hydraulic Model predicts hydraulic grade line (HGL) near ground elevation X Priority 4 – Category B SSO X Priority 5 – Where pipe design capacity is exceeded for sustained 60 minutes or more but the HGL is not near the ground elevation X Total X Appendix J Annual Report Template Page 11 of 12 X. Map of Potential Capacity Constraints XI. Field Investigations of Potential Capacity Constraints [Include a map showing the location of potential capacity constraints identified during the calendar year reported in the annual report.] A. Field Investigation Status Completed Field Investigations Technique1 Number of Potential Capacity Constraints Priority 1 Priority 2 Priority 3 Priority 4 Priority 5 Flow Metering X X X X X Manhole Level Monitor X X X X X Chalking X X X X X Visual Inspection X X X X X Other (if applicable) X X X X X Monitor in Future per Capacity Assessment and Remediation Process and Guidelines Appendix (CMOM) X X X X X Total X X X X X Note 1: Potential capacity constraints may be inspected with one or multiple techniques. The primary technique is reported. B. Map of Completed Field Investigations [Include a map showing the location of each field investigation.] Appendix J Annual Report Template Page 12 of 12 XII. Completed Remedial Measures A. Remediation Completed in Calendar Year X Remediation Completed Summary Miles of Gravity Sewer Main1 Number of Manholes Number of Force Mains Number of Air Release Valves Number of Lift Stations Completed in Calendar Year X X X X X X Note 1: Gravity Sewer Main Segment length is included in miles. Remedial Measure Plan Project List (After Submittal of the Remedial Measures Plans) Capital Project Name Project Status Project Completion Year Remedial Measure Projects in Performing Neighborhoods Capital Project Name Project Status B. Map of Remedial Measures Completed [Include an overview map of remedial measures completed. The map will differentiate between remedial measures completed during the calendar year reported in the annual report and remedial measures completed pursuant to the consent decree prior to the calendar year reported in the annual report.] XIII. Documentation of Updates [Include a summary of written agreements pursuant to Consent Decree Paragraphs 107 (Non-material Modification) and other changes made pursuant to Consent Decree Section XIX (Modification).] Summary of CMOM Plan updates pursuant to CD Paragraph 33: DATE: August 18, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement with Cintas Corporation No. 2 of Corpus Christi, Texas in an amount not to exceed $161,399.41, for uniform rentals for the Utilities Department, effective upon issuance of notice to proceed with FY2020 funding in an amount of $10,000.00 available in the Wastewater Fund and $10,300.00 available in the Water Fund. SUMMARY: This motion authorizes a two-year service agreement with Cintas Corporation No.2 through Sourcewell Cooperative, formerly known as U.S. Communities Cooperative. This two-year service agreement is replacing a contract with the same Contractor, Cintas Corporation No. 2 for uniform rentals for the Utilities Department field staff. The previous two-year contract was valued at $130,027.64. The new contract increased by 24%, mainly due to increased pricing and quantities. The uniform rental contract allows the department to continue to furnish uniforms to field staff. BACKGROUND AND FINDINGS: This service agreement includes work pants, work shirts, and jackets for the Utilities Department field personnel. Each employee, including temporary employees, is provided with six pants, six shirts, and one jacket. Shirts and jackets are embroidered with the City logo and employee name. Under this lease rental option, employees launder their own work uniforms. Uniform Rentals for Utilities Department AGENDA MEMORANDUM Action Item for the City Council Meeting of August 18, 2020 This procurement is through Sourcewell Cooperative, formerly known as U.S. Communities Cooperative. Contracts awarded through the Sourcewell Cooperative have been competitively procured and are in compliance with Texas local and state requirements. ALTERNATIVES: An alternative is to not award this service agreement. However, uniforms maintain a consistent, professional image for our employees and are what our customers expect. FISCAL IMPACT: The fiscal impact for the Utilities Department in FY 2020 is $20,300.00 for this two-year service agreement with FY 2020 funding in the amount of $10,000.00 available in the Wastewater Fund and $10,300.00 available in the Water Fund. The remaining cost of $141,099.41 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530150 Uniform Rentals Cost: $3,300.00 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530150 Uniform Rentals Cost: $3,600.00 Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Mission Element: 064 Treat Wastewater Project # (CIP Only): N/A Account: 530150 Uniform Rentals Cost: $3,100.00 Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Account: 530150 Uniform Rentals Cost: $3,500.00 Fund: 4010 Water Organization/Activity: 31510 Maintenance of Water Meters Mission Element: 041 Distribute Water Project # (CIP Only): N/A Account: 530150 Uniform Rentals Cost: $3,200.00 Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery System Mission Element: 041 Distribute Water Project # (CIP Only): N/A Account: 530150 Uniform Rentals Cost: $3,600.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year Service Agreement with Cintas Corporation No. 2 for Uniform Rentals for the Utilities Department. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price List Price Sheet City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 1 of 8 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 85060 Uniform Rental for Utilities Department THIS Uniform Rental for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Cintas Corporation No. 2 (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Uniform Rental for Utilities Department in response to Request for Bid/Proposal No. U.S. Communities Contract #R-BB-19002 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Uniform Rental for Utilities Department (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 2 years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $161,399.41, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 2 of 8 Approved as to Legal Form March 9, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: JoannaM@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 3 of 8 Approved as to Legal Form March 9, 2020 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 4 of 8 Approved as to Legal Form March 9, 2020 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 proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title; Contracts/Fund Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 5 of 8 Approved as to Legal Form March 9, 2020 IF TO CONTRACTOR: Cintas Corporation No. 2 Attn: Lee Garza Title: Service Manager Address: 301 Junior Beck Drive, Corpus Christi, Texas 78405 Phone: (361) 289-1781 Fax:(361) 289-6571 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 6 of 8 Approved as to Legal Form March 9, 2020 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. 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. 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 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.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 7 of 8 Approved as to Legal Form March 9, 2020 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26.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] DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 City of Corpus Christi Service Agreement – Cintas Corporation No. 2 Page 8 of 8 Approved as to Legal Form March 9, 2020 CONTRACTOR: CINTAS CORPORATION NO. 2 Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. U.S. Communities Contract #R-BB-19002 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 Generap Manager Chris Vander Plaats 6/25/2020 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall furnish employee work uniforms, including shirts, pants, jackets, on a weekly (non-launder) rental basis, for the City’s Utilities Department. 1.2 Scope of Work a.All uniforms must be provided in women’s and men’s design and sizing. b.All uniforms must have three (3) patches, as follows: •one (1) 2.5” x 3.75” rectangular embroidered City logo patch stitched and securely affixed over the left pocket; •one (1) 1.5” x 3.5” rectangular embroidered name patch with a single name stitched and securely affixed over the right pocket; and •one (1) 2” x 3.5” flag patch on the left sleeve/shoulder. c.The Contractor shall manufacture the City logo patch/emblem, name patches, and flag patch, and obtain City approval prior to application to uniforms. d.The Contractor shall measure, size and fit employees within 7 days of City notification. The Contractor shall be responsible for incorrect measurements, which must be corrected at no additional cost to the City. e.After fitting, the Contractor shall fill order and deliver uniform(s) within 14 days of order placement for regular sized uniforms. Premium sizes/non-stock items will be allowed a longer delivery leas time. f.Uniforms will be delivered to the Utilities Building at 2726 Holly Rd., Monday to Friday, between 8:00 am and 5:00 pm. g.The Contractor must maintain each uniform to the highest quality of industrial standards, as well as the highest standard of quality for mending and repairing due to excessive wear. h.The Contractor shall replace uniforms damaged due to normal wear and tear resulting from the employee’s routine job performance at no cost to the City. i.The Contractor must issue replacement uniforms for employees whose shirt size changes by one or more sizes, or who waist size changes over/under one inch (1”) at no additional cost to the City. The City will be responsible for the cost of replacing uniforms in excess of one replacement each year due to size changes. j.All uniforms issued to new employees and through replacements due to size changes or normal job-related wear and tear, must be brand new, and not recycled or reused garments. DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 330 Cotton Work Shirt 100% Cotton $0.193 2500 25,090.00$ 935 Comfort Work Shirts 65/35 Poly Cotton $0.153 328 2,609.57$ 340 Cotton Work Pants 100% Cotton $0.255 2300 30,498.00$ 394 Jean Pant 100% Cotton $0.214 400 4,451.20$ 945 Comfort Work Pants 65/35 Poly Cotton $0.163 128 1,084.93$ 970 Lined Service Jacket 65/35 Poly Cotton $0.305 438 6,946.68$ 106 Service Charge $0.000 0.00 -$ Size Premium $0.156 2628 409.97$ Emblem Charge*$2.500 1200 3,000.00$ Make-Up/Prep Charge*$1.555 1200 1,866.00$ 75,956.34$ 330 Cotton Work Shirt 100% Cotton $18.320 48 879.36$ 935 Comfort Work Shirts 65/35 Poly Cotton $15.270 48 732.96$ 340 Cotton Work Pants 100% Cotton $23.920 48 1,148.16$ 394 Jean Pant 100% Cotton $20.360 48 977.28$ 945 Comfort Work Pants 65/35 Poly Cotton $18.320 48 879.36$ 970 Lined Service Jacket 65/35 Poly Cotton $31.560 4 126.24$ 4,743.36$ TOTAL ANNUAL PRICE 80,699.70$ 24 MONTHS 161,399.41$ U.S. Communities Unit Price Weekly Lease Pricing (no cleaning) Item DescriptionItem #Qty (Weekly - 52)Extended Price CITY OF CORPUS CHRISTI - UTILITIES DEPARTMENT Item #Item Description U.S. Communities Unit Price Lost Replacement Charge Extended PriceQty U.S. Communities Contract #R-BB-19002 Attachment B- Price Schedule DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 Attachment C - Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 02/07/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5.Insurance; Bonds Subsection (B) is null for this service agreement. DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 ATTACHMENT D - WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. (B). Warranty is null for this service agreement. DocuSign Envelope ID: 830DC5D7-D713-4A87-8295-D0BD467DF7B9 DATE: August 18, 2020 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 service agreement with Neal Flanagan, dba Flanagan’s Muffler Shop No 2 in Corpus Christi, Texas, in an amount not to exceed $72,800.00, for vehicle exhaust system repairs for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $6,000.00 available in the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year service agreement for vehicle exhaust repairs for City vehicles. Vehicle exhaust repairs are necessary to keep our fleet running properly and stay within emissions regulation. Repair services are performed on an as needed basis. BACKGROUND AND FINDINGS: The purpose for this service agreement is for vehicle exhaust repair services on City vehicles. Asset Management utilizes these services to keep City vehicles up and running for both diesel and gasoline engines. For diesel powered equipment, Fleet currently does all the exhaust diesel particulate filter (DPF) work in-house. This agenda, however, is to service gasoline engines. Currently, Asset Management utilizes these services on an as needed basis but must solicit bids each time the service is needed. This agenda item will be the first time the City has secured a service agreement for these services. It will create efficiencies for City staff by saving time and effort. The proposed vendor for this contract will do the muffler and catalytic converter work as needed on gasoline Vehicle Exhaust Repair for Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting August 18, 2020 engines. The service agreement is for three years at a ‘not -to-exceed” value of $72,800.00 or $24,267.00 per year. In the current year, the City has spent $4,100.00 on this type work. The service agreement allows for additional work to be completed if needed. It should be noted that the City is not required to spend the full $24,267 each year. It simply provided capacity in the event the services are warranted. Therefore, in the interest of economy and speed , City staff is proposing to enter into a service agreement for this particular task. The Contracts and Procurement Department conducted a comp etitive Request for Bid process to obtain bids for a new contract. The City received two responsive, responsible bids. Staff is recommending the award to the lowest responsive, responsible bidder Neal Flanagan, dba Flanagan’s Muffler Shop No 2. This three-year contract will be the first long-term contract secured by the department. Prior years, this service for vehicle exhaust repairs had been obtained on an as needed basis. Through this bidding process, it was determined that Neal Flanagan, dba Flanagan’s Muffler Shop No 2’s pricing is approximately 21% less than the other bidder. Additionally, having a longer term agreement will allow these needed services to be obtained more efficiently. ALTERNATIVES: The alternative to accepting this service agreement would be to perform the vehicle exhaust repairs in house. However, the department is not staffed, nor equipped to perform this service. The department would require additional staffing, equipment and supplies, which would be a higher cost to the City. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is $6,000.00 for vehicle exhaust repair services for City vehicles. The remaining cost of $66,800.00 will be funded in future years through the annual budget process. Funding Detail: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year agreement with Neal Flanagan, dba Flanagan’s Muffler Shop No 2 for vehicle exhaust repair services as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SERVICE AGREEMENT NO. 3007 Vehicle Exhaust System Repairs THIS Vehicle Exhaust System Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Neal Flanagan, dba Flanagan's Muffler Shop No 2 (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Vehicle Exhaust System Repairs in response to Request for Bid/Proposal No. 3007 (“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Vehicle Exhaust System Repairs (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $72,800.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 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: Name: Francisco Olvera, Jr. Department: Asset Management Phone: (361) 826-1917 Email: FranciscoO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Francisco Olvera, Jr. Title: Vehicle & Equipment Admin Inspector Address: 5352 Ayers, Bldg. 3-B, Corpus Christi, Texas 78415 Phone:(361) 826-1917 Fax: (361) 826-4474 IF TO CONTRACTOR: Neal Flanagan, dba Flanagan's Muffler Shop No. 2. Attn: Neal Flanagan Title: Owner Address: 2737 S. Padre Island Drive, Corpus Christi, Texas 78415 Phone: (361) 851-8529 Fax: N/A Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 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 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.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 26.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. Revised 11.08.19 Page 17 of 19 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide vehicle exhaust system repairs and ports for the Fleet Maintenance Department on an as needed basis. 1.2 Scope of Work A. Service requirements: 1.The Contractor shall provide vehicle exhaust system repairs to include but is not limited to the exhaust system. 2.The Contractor shall perform repairs to include, but is not limited to, passenger cars, pickups, dump trucks, refuse trucks and any other miscellaneous pieces of equipment. 3.The Contractor shall fabricate to the specific needs of the repair to include mufflers, catalytic converters, hangers and exhaust piping to include but is not limited to piping various shapes and sizes from 0 to 5 inches. 4.All repairs shall include parts and labor. 5.The Contractor shall provide Original Equipment Manufacturer (OEM) parts on first responders only. 6.The Contractor shall not subcontract any repairs sent to them. 7.The Contractor will not be responsible for any towing charges for immediate failures after repairs have been completed. B. Lead Time: The City vehicles and or equipment services shall be First Priority. This standard shall apply to a full six-day work week, Monday through Saturday, and include items covered under contract as well as non-contract repairs. The Contractor shall have two business days to complete what is constituted as a major repair. C. Delivery: 1.The City will tow the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to the vendor for services. The day the vehicle is received, the Contractor shall send an email to the City of Corpus Christi, Asset Management Department Fleet Staff indicating the date the vehicle was received and estimated completion time of service. 2.The City of Corpus Christi Asset Management Department staff will transport operative vehicles to the Contractor. 3.The Contractor shall have 4 business days to complete what is constituted as a minor repair according to the manufacturer. Revised 11.08.19 Page 18 of 19 1.3 Work Site and Conditions The Contractor must be located within a 25 miles radius of City of Corpus Christi shop; located at 5352 Ayers Street. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. 1.5 Warranty A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer’s warranty for any period in excess of 12 months, then the manufacturer’s warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer’s warranty period. 1.6 Compensation All work will be paid on a time and material basis. Labor will be paid for actual hours worked at the contract rate shown in the contract. Materials/parts will be compensated at cost, receipts required and discount as shown on the contract with the allowable contract mark-up specified. Attachment B- Bid/Pricing Schedule Attachment C -Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1. Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2019 Insurance Requirements Ins. Req. Exhibit 4-G Contracts for General Services – Services Performed Onsite – Garage Keepers 05/13/2019 Risk Management – Legal Dept. Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5.Insurance; Bonds Subsection (B) is null for this service agreement. Attachment D - Warranty Requirements A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of 12 months following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where items or equipment or material carry a manufacturer’s warranty for any period in excess of 12 months, then the manufacturer’s warranty shall apply for that piece of material or equipment. The Contractor shall replace such defective equipment or materials, without cost to the City, within the manufacturer’s warranty period. ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price 1 Labor Rate for Repairs (3yr qty)Hours 400 75.00$ 30,000.00$ 100.00$ 40,000.00$ 2 Mark Up %%7%2,800.00$ 20%8,000.00$ 3 Parts & Materials 1 40,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 72,800.00$ 88,000.00$ Total Contracts and Procurement Department Neal Flanagan dba Flanagans Muffler Shop No 2 Sinister Corpus Christi, TX City of Corpus Christi Bid Tabulation RFB 2876 - Vehicle Exhaust System Repair Sr. Buyer : Cynthia Perez Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting of August 18, 2020 DATE: July 29, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 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 awarding a professional services contract to Plummer Associates, Inc., of Corpus Christi, Texas to design and prepare construction documents for the Broadway Wastewater Treatment Plant Rehabilitation in an amount not to exceed $926,936, located in City Council District 1, with funding available from the FY 2020 Wastewater Capital Improvement Program budget. SUMMARY: This motion awards a professional services contract to Plummer Associates, Inc., for the Broadway Wastewater Treatment Plant (WWTP) Rehabilitation project to assess the overall WWTP deficiencies and determine corrective actions. BACKGROUND AND FINDINGS: The Broadway WWTP was under construction from 2009-2016. The construction was abandoned in 2015 and was terminated in 2016 due to design and construction issues. The Broadway WWTP has numerous operational and physical condition deficiencies that need to be addressed. The City has selected Plummer Associates, Inc., to assess the WWTP deficiencies and determine corrective actions. The scope of work includes conducting an operational (equipment and design) and physical condition (building/structural) assessment, the design of needed improvements, preparation of bid documents, construction phase support, developing an operations and maintenance manual and providing operator training. The project includes an assessment of the following unit processes and plant features: Professional Services Contract Broadway Wastewater Treatment Plant Rehabilitation 1. Aeration Basins 2. Headworks 3. Secondary Clarifiers 4. Activated Sludge Piping System 5. UV Disinfection System 6. Aerated Sludge Basin 7. Septage Hauler Dump Station 8. Resaca Lift Station Odor Control System 9. Yard Piping and Sitework 10. Electrical Power Systems 11. Instrumentation and Control Systems PROJECT TIMELINE: If approved by City Council in August 2020, work will begin after the issuance of notice to proceed with approximate completion in May 2021. COMPETITIVE SOLICITATION PROCESS: Plummer Associates, Inc., was selected for the Broadway Wastewater Rehabilitation project in April 2018 under RFQ 2018-01. The Broadway Wastewater Rehabilitation project was one of fifteen projects announced under the Utilities Category of the RFQ. Seven firms submitted under the Utilities Category. Plummer Associates, Inc., was one of the highest ranked firms in the Utilities Category, and the Broadway Wastewater Rehabilitation project was their first stated preference. The selection committee consisted of representatives from the Utilities and Engineering Services Departments. 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: Not awarding the professional services contract to Plummer Associates, Inc., will delay necessary improvements to the Broadway Wastewater Rehabilitation project and may affect the ability to meet the operational and regulatory requirements. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of $926,936 for the design phase services for Broadway Wastewater Rehabilitation with funding available from the FY 2020 Wastewater Capital Improvement Program budget. Funding Detail: The project design funds were initially approved with 2018 Capital Improvement Program (CIP). The project was on-hold due to the legal issues associated with the project. Construction funds for the project are budgeted in 2020 CIP. The funds for the project are available through Wastewater Capital Reserve. Fund: Wastewater Capital Reserve (Fund 4510) Mission Elem: Wastewater Collection System (042) Project No.: New Broadway Wastewater Rehabilitation (18084A) Account: Design (550950) Activity: 18084-A-4510-EXP RECOMMENDATION: Staff recommends approval of the professional services contract with Plummer Associates, Inc., in the amount of $926,936.00 for the Broadway Wastewater Treatment Plant Rehabilitation. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract 37 181 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES New Broadway Wastewater Treatment Plant Rehabilitation LOCATION MAP NOT TO SCALE PROJECT NUMBER: 18084A PROJECT LOCATION PROJECT LOCATION VICINITY MAP NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES New Broadway Wastewater Treatment Plant Rehabilitation VICINITY MAP NOT TO SCALE Project Number: 18084A Project Location 35Parkers AlleySan Juan St.Waco St.R a m i r e z S t . W B r o a d w a y S t .N Tancahua St.Resaca St . Beldon St. Power St.N Broadway St.N Staples St.N Alameda St.181 C h i p i t o S t . 37 Harbor BridgePadre St.Palo Alto St.Buf fa lo S t .Mesquite St.Twigg St.Ante lope S t . Contract for Professional Services Page 1 of 11 Revised February 2020 SERVICE AGREEMENT NO. 3095 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18084A - New Broadway WWTP Rehabilitation 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 PLUMMER ASSOCIATES, INC., 1320 South University Drive, Suite 300, Fort Worth, Texas 76107 (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                  Contract for Professional Services Page 2 of 11 Revised February 2020 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’sGeneral 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 Exhibits A.It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise.                  Contract for Professional Services Page 3 of 11 Revised February 2020 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $926,936.00. 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 servicesor 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.                  Contract for Professional Services Page 4 of 11 Revised February 2020 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement.Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).                  Contract for Professional Services Page 5 of 11 Revised February 2020 4.2 The term of this Agreement will be for a period of six years beginning on the effective date, unless extended by authority of the City Manager or designee. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and courtcosts, to the                  Contract for Professional Services Page 6 of 11 Revised February 2020 extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultantshall 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 correctits 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.                  Contract for Professional Services Page 7 of 11 Revised February 2020 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultantagrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant.                  Contract for Professional Services Page 8 of 11 Revised February 2020 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for                  Contract for Professional Services Page 9 of 11 Revised February 2020 remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultantshall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waivedand do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or                  Contract for Professional Services Page 10 of 11 Revised February 2020 connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity.This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form.                  Contract for Professional Services Page 11 of 11 Revised February 2020 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, the Consultant’s response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI PLUMMER ASSOCIATES, INC. ____________________________________ _____________________________________ Michael Rodriguez Date Jeffrey E. Caffey, P.E. Date Chief of Staff Principal 1320 South University Drive, Suite 300 Fort Worth, Texas 76107 817-806-1700 jcaffey@plummer.com APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date                     Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-1 Exhibit “A” CITY of Corpus Christi, Texas New Broadway Wastewater Treatment Plant Rehabilitation Phase I Project No. E$ Scope of Services Project Description The City of Corpus Christi (CITY) has experienced design and construction issues with the New Broadway WWTF. The City has selected APAI to assess the overall condition of the plant, design identified improvements, provide construction phase support for improvements, assist with operations training, and prepare an overall electronic O&M manual for the plant. This project also includes design, advertisement and bidding, and construction administration services for the repair of the Aeration Basin walls. BASIC SERVICES A. Design Phase 1.0 Project Coordination and Meetings 1.1 Project Meetings: Engineer will coordinate, prepare for, and conduct project meetings as listed below. The meetings shall take place at the CITY’s engineering office. Engineer shall prepare an agenda for the meetings, moderate the meetings, and prepare/distribute meetings notes. An updated project schedule will be presented at each meeting. a. Project Kickoff Meeting: With input from CITY, establish project goals, constraints, potential project phasing, performance criteria, risk, service life, and other parameters that will serve as the basis of design and assessment. Discuss initial steps for condition assessment including current condition of items noted in punchlist. Establish schedule for future meetings and project deliverables. Establish lines of communication b. Conduct two (2) internal QC workshops utilizing senior staff members. QC workshops are to be held at approximately 60 percent and 90 percent complete milestones of the Detailed Design. c. Conduct three (3) Design Review Meetings with the CITY. These meetings shall be held at the City and will discuss CITY review comments regarding the 30 percent, 60 percent, and 90 percent submittals. 1.2 Progress Meetings: Engineer will coordinate, prepare for, and conduct progress meetings (up to two) between Design Review Meetings with the CITY to review progress on the project. The meetings shall take place at the CITY’s engineering office. Engineer shall prepare an agenda for the meeting, moderate the meeting, and prepare/distribute meeting notes. 1.3 Site Visits: Engineer will visit the plant to facilitate detailed design. EXHIBIT A Page 1 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-2 1.4 Project Management: Provide project management for the project. Project management shall include, but not be limited to developing and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget and deliverables; preparing and processing monthly billings; providing labor resources necessary to fulfill scoped work; and scheduling and participating in quality control reviews. a. ENGINEER shall coordinate design efforts on project tasks identified below. b. ENGINEER shall prepare a common monthly invoice for all services. 1.5 Deliverables: a. Draft and Final PMP b. Project Baseline Schedule c. Draft and Final Meeting Notes d. Monthly Invoices 2.0 Preliminary Structural Design This effort will be performed as part of the Detailed Design effort to reach 30% complete 2.1 Description of Issues: a. Aeration Basin (AB) Leaks & Drains: The 28,000 sq. ft. reinforced concrete structure is divided into four ABs, a Mixed Liquor Splitter Box (MLSB), an RAS Splitter Box, and an elevated effluent channel along the north and east perimeter. The structure contains two orthogonally oriented expansion joints, one running north-south through the middle of AB No. 3, and the second running east-west bisecting all four ABs. The east-west joint is located just north of the MLSB. 1. North Wall of AB3: Staff noted moisture stains on the exterior concrete surfaces on either side of the expansion joint. 2. South Wall of AB3: Staff noted moisture stains on the exterior concrete surfaces on either side of the expansion joint. 3. East Wall of AB4: Staff has noted differential lateral displacement of the walls on either side of an expansion join in the east wall of the structure. In addition to the differential displacement, Staff noted moisture stains on the exterior concrete surfaces on either side of the expansion joint. Engineer has also received a copy of a report authored by Wiss, Janney, Elstner Associates, Inc. (WJE), dated June 19, 2017, that further describes the problems at the expansion joint in the east wall of the structure and provides recommendations for repairs. In order to limit future differential lateral movement, WJE’s report recommends a series of structural elements placed along the face of the basin wall and securely anchored on either side of the joint to provide lateral restraint for the wall north of the expansion joint. In order to limit future leaking through the expansion joint at this location, WJE also recommends a sealant be applied over the expansion joint, over the inside face of the basin wall, and along the inside faces and across the bottom of the elevated effluent channel. 4. West Wall of AB1: Staff noted moisture stains on the exterior concrete surfaces on either side of the expansion joint. EXHIBIT A Page 2 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-3 5. Floor Drains: The bottoms of each aeration basin have a trough that runs to drains at the end of the structure. The problem is that the drains are too small, get clogged easily and take a long time to drain the structure. The original design drawings indicate there is a block-out in the north wall at the end of each trough, and the drains are installed in this block-out. It is likely the block-out is plain concrete with a waterstop around its perimeter. b. Headworks Building Leaks: The perimeter walls of the Headworks Building have a number of cracks with visible efflorescence. In particular, the east wall of the Headworks Building has a number of visible cracks emanating from or adjacent to various pipe penetrations. These cracks also have visible moisture stains and efflorescence. It has also been reported that when the Headworks is operated at 4 MGD and greater, there is significant leaking through these cracks. These cracks penetrate through the thickness of the perimeter walls, as evidenced by the visible moisture stains and efflorescence, and the leaking through the cracks. 2.2 Aeration Basin: Develop a structural model of the northeast quadrant of the AB and effluent channel. This model will be used primarily to estimate the forces that will act on the structural elements used to limit lateral deflection of the north wall relative to the south. Using the results of the structural analysis of the AB, develop a preliminary design. 2.3 Headworks Building: Research various sealing products applicable to sealing the interior faces of the exterior walls of the Headworks Building. Areas of concern are the accessible portions of the vertical chambers located adjacent to the perimeter walls of the building, primarily on the eastern end of the building. With the assistance of Owner’s staff, Engineer will inspect these chambers from the upper level of the Headworks Building to determine if a liner was previously installed as part of the original construction. No confined space entry is included in the scope. Some degree of wash down of the interior walls of these chambers may be required by Owner staff to facilitate this inspection. Develop a preliminary design for the sealant to be applied to the interior faces of select chamber, or portions of chambers, in the Headworks Building. 2.4 Based on the preliminary design of the structural elements described above, and the proposed wall sealant, prepare a preliminary OPCC for the structural repair items to be included in the overall project OPCC. 3.0 Detailed Design of Critical Rehabilitation Items 3.1 Prepare plans and specifications in accordance with all pertinent local, state and federal laws and regulations; 3.2 Develop 30 percent,60 percent and 90 percent drawings and specifications to delineate the structural, process/mechanical, electrical, and site/civil requirements for the following improvements as a minimum: a. Headworks: 1. Fill in open channel areas around the diversion channel with decking plate; in the open area around the diversion channel; EXHIBIT A Page 3 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-4 2. Provide seals and air intake check valves to keep H2S from leaking from the channel covers; 3. Identify equipment and supports that need to be replaced due to corrosion. Design replacement of corroded supports as determined by a walkthrough of the Headworks area. It is assumed that major equipment such as the screens and grit removal equipment are still operational. Any replacement of major equipment will be done in a later project. Replacing equipment parts that are corroded will be done by plant staff under the operation’s budget; 4. Specify concrete coating to protect concrete in channels under deck plates (if not originally provided); 5. Design handrailing where needed for safety; 6. Design of sealing cracks in Headworks Building walls is considered an additional service. b. Aeration Basins: 1. For Aeration Basin 4 wall support, design the structural elements to be added to the structure, as well as their locations and method of attachment. 2. Design proposed improvements to seal leaks in aeration basin walls. 3. Repair/replace broken diffuser piping and diffusers. Recommend additional supports, or replacement system as needed. It is assumed that Engineer will be able to enter both empty basins and review damaged diffusers in one trip. Improvements to diffusers in basins in service will be based on evaluation of the two empty basins. 4. Develop hydraulic model for proposed drain system of the aeration basin and final clarifiers and recommend drain piping modifications to drain an individual aeration basin or final clarifier in 8 hours. Include other recycle flows in the drain system model to account for typical flows. Based on the results of the hydraulic model of the drain system, replace the basin floor drains and design new yard piping drain line; 5. Modify step feed system as needed to make usable; c. Secondary Clarifiers 1. Replace existing clarifier equipment in Secondary Clarifiers 1 & 2 with stainless steel equipment; 2. Design a drain system for the clarifiers, either with a drain pipe under the structure or a drain connection that utilizes the RAS piping. d. RAS/WAS 1. Modify piping to eliminate air binding; 2. Modify ARV blow-off pipe to drain; e. UV Disinfection: Prepare plan for testing peak flow treatment capacity of the UV Disinfection system. f. Aerated Sludge Basin 1. Install missing drain valve fittings to have a complete drainpipe system; g. Septage Hauler Dump Station 1. Design new packaged septage hauler dump station to screen and meter material prior to discharge to Resaca Lift Station. The stainless steel package unit will include a stainless steel rotating fine screen to separate solids and a flow metering device to record flow; h. Resaca Lift Station Odor Control System 1. Design new odor control system for the Resaca Lift station EXHIBIT A Page 4 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-5 i. Yard Piping and Sitework – design new yard piping necessary for the facilities described above. j. Design electrical improvements associated with the facilities listed above. k. Design instrumentation and control (I&C) improvements associated with the new bio-scrubber at Resaca Lift Station and the new Septage Dump Station. 3.3 Develop bid documents for the project in CITY format and using CITY Standards as applicable. 3.4 Develop implementation schedule and construction sequencing plan. This schedule will include provisions for minimum interruption of services and construction schedules. 3.5 Provide updated Engineer’s opinions of probable construction cost for budget purposes at approximately the 30 percent, 60 percent, and 90 percent complete milestones and prepare final opinion of probable construction cost for the improvements to be constructed. The CONSULTANT’S projection of construction costs will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. The CONSULTANT does not warrant the accuracy of the opinion of probable construction cost. 3.6 Incorporate the CITY review comments into the drawings, specifications and operating and control descriptions. 3.7 Furnish such information necessary to coordinate with the electric utility company. Compile comments and incorporate any requirements into the plans and specifications. 3.8 Prepare a draft Final Design Report. Submit at 90 percent review. Upon receiving comments from City, prepare Final Design Report and submit with final bid set. Submit one hard copy and one electronic copy to the CITY. 3.9 Submit summary letter and/or plans, specifications and contract documents to TCEQ as required for approval. B. ADVERTISEMENT PHASE SERVICES 1.0 The A/E will: 1.1 Participate in the pre-bid conference to discuss scope of work and to answer scope questions. 1.2 Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. 1.3 Attend bid opening and assist with the evaluation of bids. 1.4 Assist with the review of the Contractor’s Statement of Experience and confirm it meets Contract requirements. EXHIBIT A Page 5 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-6 1.5 For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re- advertise the Project for bids. 1.6 Provide two (2) hard copy set and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the City. 2.0 The City staff will: 2.1 Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation and conduct the bid opening. 2.2 Coordinate the review of the bids with the A/E. 2.3 Prepare agenda materials for the City Council concerning bid awards. 2.4 Prepare, review and provide copies of the Contract for execution between the City and the Contractor. C. CONSTRUCTION PHASE SERVICES 1.0 General Construction Administration 1.1 General Construction Representation will be provided for one construction project based on the detailed design described in Item B above. The Basic Services will be provided based upon a eighteen-month construction schedule. General Construction Representation for construction beyond 12 months will be an Additional Service. 1.2 Conformed Documents a. Prepare Conformed Documents by adding the addendum items to the Contract Documents. Addenda to the specifications will be added electronically, and addenda to the plan drawings will be added by hand. b. Provide 5 sets of Conformed Documents to the Contractor (3 full size and 2 half size) and 3 sets of Conformed Documents to the CITY (2 full size and 1 half size). 1.3 Participate in pre-construction meeting; c. Assist the City in conducting a pre-construction conference with the Contractor, and in reviewing construction schedules prepared by the Contractor. d. Provide a meeting Agenda and prepare and distribute meeting minutes. 1.4 Review shop drawings (up to 60 submittals and 30 resubmittals), submittals and equipment O&M manuals for conformance to contract documents; 1.5 Review field and laboratory tests; EXHIBIT A Page 6 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-7 1.6 Provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor’s price and are not contrary to the general interests of the City under the contract, and attend monthly construction meetings 1.7 Make one visit per month to project site to confer with the City project inspector and the contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This should not be considered as full-time project representation observation or continuous monitoring of the progress of construction. The visit will occur on the same day as the Construction Progress Meeting. The ENGINEER will become familiar with the progress and quality of the work completed and will determine in general if the work when completed will be in accordance with the contract documents. In addition, on the basis of on-site observations as an engineer, the ENGINEER will keep the OWNER informed of the progress and quality of the work, and will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of CONTRACTOR or any subcontractor. The OWNER's approval, acceptance, use of, or payment for all or any part or the ENGINEER's services hereunder or the PROJECT itself will in no way alter the ENGINEER's obligations or the OWNER's rights hereunder. The structural Engineer will conduct six periodic site visits and provide field reports for the visits to monitor construction progress, address contractor’s questions and verify appropriate materials are being incorporated into the work. 1.8 Attend twelve Construction Progress Meetings as needed, approximately every month. The ENGINEER shall prepare logs of construction documents and shall write and distribute meeting minutes. The structural Engineer will attend up to six of the monthly construction coordination meetings. 1.9 Prepare Change Orders (coordinate with the City’s construction division). 1.10 Make substantial completion inspection with City staff and prepare Certificate of Substantial Completion with list of outstanding punchlist items 1.11 Make final inspection with City staff and provide the City with a Certificate of Completion for the project; 1.12 As applicable, review for compliance with plans and specifications, and operation and maintenance manuals prepared by the Contractor for all equipment installed on this Project. 1.13 Review construction “red-line” drawings, prepare record drawings of the Project as constructed (from the “red-line” drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT A Page 7 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-8 2.0 Post-Construction Phase Service 2.1 Prepare O&M narrative of new Septic Hauler Dump Station and for new Resaca Lift Station Odor Control System for Plant O&M Manual. 2.2 Consult with CITY on training needs for pre-startup operation and prepare a schedule. Coordinate and arrange with the major equipment providers for the training. It is anticipated that pre-startup training will be conducted for one (1) days involving a total of eight (8) hours of classroom work; 2.3 Provide 24 hours of onsite operation consultation, including a total of three (3) trips to the site to consult on starting and optimizing biological, chemical, and other process controls; and 2.4 Provide 24 hours of office consulting concerning the correction of items relating to the operations. Advise CITY regarding correction of operational problems. SPECIAL SERVICES 1. Condition Assessment of Exterior Cracks (Headworks Building Only). If authorized, Engineer will perform a Condition Assessment of the exterior faces of the perimeter walls of the Headworks Building (or specific parts thereof) described herein and prepare an Engineering Study and Report that will document recommendations for repairs of same. Engineer will review crack injection/sealant products from various manufacturers and assess applicability for repairing/sealing cracks in the exterior face a. Review original drawings to determine wall dimensions, specified concrete strength, typical reinforcing, reinforcing at openings, etc. b. Perform a survey of the exterior of the Headworks Building using UAS (drone) services. The proposed general approach involves conducting UAS flights in order to collect aerial photos and video. This information will be processed in the office to create a composite map of the aerial photography and videography that could then be leveraged to determine areas of concern and solicit bids for crack repairs. Due to the nature of the inspection, a collection of vertical flight plans will be developed and implemented. These flight plans will allow the UAS platform to capture imagery at a range of elevations that will help to identify the approximate locations and lengths of cracks on the structure. UAS can also produce aerial imagery for creating a 3-D model of the structure. This model can then be utilized to give a general layout and overview of the structure as a whole and can also be used in conjunction with the detailed elevation imagery to better visualize areas of the building that would be of higher concern. The data collected through the UAS will also be complimented by data collected from a Trimble SX10 Total Ground Station. The SX10 combines both imagery and 3D scanning data into EXHIBIT A Page 8 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-9 one package, thus providing even greater depth of information on the structure. This data will allow for powerful analysis when coupled with the UAS imagery. c. Evaluate potential crack repair and sealant options (up to 3 each) for effectiveness, anticipated construction schedule and constructability. d. Based on the UAS data, develop building elevations to illustrate the locations/extents of the cracking, and conceptual details to illustrate the proposed crack repair and sealant options. Develop conceptual OPCCs for the selected options. e. Prepare a section of the draft Engineering Study and Report that will document recommendations for exterior crack repairs and submit to OWNER for review and comment. Incorporate Owner’s comments into the final report. 2. Additional I&C Design and Construction Services associated with the SCADA Master Plan: If authorized, Engineer will perform additional I&C design and construction for items identified as part of the separate SCADA Master Plan project (by others). ADDITIONAL SERVICES Various ADDITIONAL SERVICES incidental to the Project, but not within the scope of the Basic Engineering Services covered, which may be performed or arranged for separately by the CITY, or may be added to the Engineer’s responsibilities by mutual agreement and written authorization, include, but are not necessarily limited to, the following: 1. Other services not included in Basic Services that are approved by the CITY. 2. Building for Septage Haul Dump Station 3. Topographic Survey 4. Geotechnical Investigation 5. Detailed Design and Construction of Headworks Leak Repair 6. Additional recommendations and OPCCs for the identified issues above what are included in Basic Services. 7. Additional site visits for Investigation beyond those provided above. 8. Additional site visits for meetings or inspections beyond those provided above. 9. Labor and Analytical costs associated with condition assessment of the existing pipelines and/or structures not included above. 10. Labor and Analytical costs associated with water quality sampling not included above. EXHIBIT A Page 9 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-10 11. GIS processing of geophysical and/or geotechnical data beyond the assumptions provided above. 12. Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 13. Providing additional copies of reports, plans, specifications, and contract documents beyond those specifically described above. 14. Preparing environmental assessments, environmental information documents, or environmental impact statements, traffic control plans, and storm water discharge permits, except as specifically included above. 15. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the CITY. 16. Payment of fees for permit applications and publication(s) of notices. 17. Public relation activities and consulting services. 18. Services known to be required for completion of the Project that the CITY agrees are to be furnished by the Engineer or by a sub-consultant that cannot be defined sufficiently at this time to establish the maximum compensation. SCHEDULE Submittal Delivery Schedule Kickoff Meeting Within two weeks of Notice to Proceed. Submit 30% Plans, Specifications and Draft Engineering Report Within 120 days of Notice to Proceed. 30% Review Meeting Within three weeks of submitting 30% plans, specifications and draft Engineering Report. Submit 60% Plans and Specifications Within 60 days of receipt of the 30% Review comments 60% Review Meeting Within three weeks of submitting 60% plans and specifications. Submit 90% Review Plans and Specifications and Final Design Engineering Report Within 45 days of receipt of the 60% Review comments 90% Review Meeting Within three weeks of submitting 90% plans and specifications. Submit Final Plans and Specifications for Advertisement Within three weeks of receipt of 90% Review comments Substantial Completion of Construction 12 months following Contractor’s Notice to Proceed EXHIBIT A Page 10 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. A-11 COMPENSATION The CITY will pay the ENGINEER a fixed fee for providing the “Basic Services: Design Phase”. The CITY will pay the ENGINEER for time and material for providing the “Basic Services: Advertisement Phase and Construction Phase” and “Special Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section A above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section A, ENGINEER will submit monthly statements for basic services rendered. In Section A, the statement will be based upon ENGINEER’s estimate (and CITY concurrence) of the proportion of the total services actually completed at the time of billing. CITY will make prompt monthly payments in response to ENGINEER’s monthly statements. Summary of Fees TOTAL BASIC SERVICES FEE Design Phase Lump Sum $ 533,931.00 Advertisement Phase Time and Material $ 19,730.00 Construction Phase Time and Material $ 264,837.00 SPECIAL SERVICES FEE Time and Material $ 108,438.00 TOTAL FEE $ 926,936.00 EXHIBIT A Page 11 of 12                  Agreement for Professional Services APAI Project No.: 2018-001-00 Alan Plummer Associates, Inc. B-1 ATTACHMENT B PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2020 Staff Description Staff Code 2020 Rate Admin Staff A1 – A2 $ 90.00 Admin Staff III A3 $ 93.00 Senior Admin Staff A4 $ 120.00 Designer/Technician C1-C2 $ 90.00 Designer/Technician III C3 $ 115.00 Senior Designer/Technician C4 $ 130.00 Construction Manager in Training (CMIT) CM1 $ 90.00 Construction Manager in Training II CM2 $ 105.00 Construction Manager in Training III CM3 $ 135.00 Construction Manager IV CM4 $ 145.00 Construction Manager V CM5 $ 165.00 Construction Manager CM6 $ 180.00 Senior Construction Manager CM7 $ 240.00 Principal Construction Manager CM8 $ 260.00 Resident Project Rep. I RR1 $ 80.00 Resident Project Rep. II RR2 $ 110.00 Resident Project Rep. III RR3 $ 130.00 Lead Resident Project Rep. RR4 $ 135.00 Engineer/Scientist Intern ES0 $ 60.00 Engineer-in-Training/Scientist-in-Training ES1 $ 115.00 Engineer-in-Training/Scientist-in-Training II ES2 $ 120.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 125.00 Project Engineer/Scientist ES4 $ 145.00 Senior Project Engineer/Scientist ES5 $ 175.00 Project Manager ES6 $ 200.00 Senior Project Manager ES7 $ 240.00 Electrical Engineer in Training I EE1 $ 95.00 Electrical Engineer in Training II EE2 $ 120.00 Electrical Engineer in Training III EE3 $ 125.00 Electrical Specialist EE4 $ 145.00 Programmer EE5 $125.00 Programmer II EE6 $ 150.00 Senior Electrical Engineer EE7 $ 280.00 Principal ES8 - ES9 $ 305.00 Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. A multiplier of 1.10 will be applied to all direct expenses EXHIBIT A Page 12 of 12                  Sample form for:Payment RequestAE ContractRevised 02/01/17COMPLETE PROJECT NAMEProject No. XXXXInvoice No. 12345Invoice Date 01/01/2017 Total Current Previous Total Remaining PercentBasic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice InvoiceInvoice Balance CompletePreliminary 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 TBDTBDTBD TBD TBD TBD TBDO & M Manuals TBD TBD TBDTBDTBD TBD TBD TBD TBDSCADA TBD TBD TBDTBDTBD TBD TBD TBD TBDSubtotal 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:$385&+$6(25'(5180%(50867%(,1&/8'('21$//,192,&(6$1',192,&(&255(6321'(1&()$,/85(72&203/<:,//5(68/7,1'(/$<('3$<0(172),192,&(6If 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).([KLELW% 3DJHRI                  1 Rev 01/20 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 Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager.The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must                  2 Rev 01/20 be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and                  3 Rev 01/20 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement.                  Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22                  ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22                  b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22                  b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26.Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22                  32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22                  45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22                  steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22                  3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22                  2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3.Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22                  5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22                  9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A.Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22                  10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A.Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B.Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B.Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22                  ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A.Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1.Designer will prepare a description of proposed Modifications. 2.Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22                  provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A.Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22                  C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H.Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22                  ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C.Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22                  ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22                  25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1.Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3.Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1.Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22                  c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22                  Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22                  Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C.Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1.Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5.Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22                  29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C.Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22                                                    AGENDA MEMORANDUM Action Item for the City Council Meeting of August 18, 2020 DATE: July 29, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works/Street Operations richardm5@cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a construction contract to Jhabores Construction Company, Inc., of Corpus Christi, Texas for the rehabilitation of Holly Road from Crosstown Expressway to Greenwood Drive, located in Council District 3, with asphalt pavement rehabilitation and utility improvements in the amount of $3,349,518.32 with funding available from the 2012 and 2016 Street Bond Program and FY 2020 Stormwater, Water, and Wastewater Funds. SUMMARY: This motion approves a construction contract with Jhabores Construction Company, Inc., in an amount of $3,349,518.32 for the rehabilitation of Holly Road from Crosstown Expressway to Greenwood Drive. The project scope includes re-habilitation with new asphalt pavement, a multi- use side path, pedestrian improvements, and pavement markings. Utility improvements include new water main, new wastewater mains, storm drainage improvements, and conduit for information technology. BACKGROUND AND FINDINGS: Holly Road from Crosstown Expressway to Greenwood Drive is an approved Bond 2012 project. The project was initially budgeted and approved in an amount of $2,500,000 for a four lane road with a landscaped center median, sidewalks, curb and gutters, ADA curb ramps, bike lanes, Construction Contract Award Holly Road from State Crosstown Expressway to Greenwood Drive (Bond 2012, Proposition 1) pavement markings and street lighting along with utility upgrades for storm water, water, wastewater and gas. The project was initially proposed to be funded by the Corpus Christi Metropolitan Planning Organization (MPO) and with a City match. The funds approved in the Bond 2012 program account for the City’s 20% match towards the MPO project. Holly Road project has been on the MPO plan since 2013 under the Transportation Improvement Program (TIP) as a Category 7 mobility improvement project. Holly Road project cost estimates exceeded the budgeted funds due to the requirements identified in the environmental clearance process that were required for the MPO funded project. The MPO funding for the project is a fixed amount and hence the City’s funding would have to make up for the budget shortfalls. Approximately around 2015-2016, the MPO re-programed the TIP funding to meet the financial demands of the Harbor Bridge housing relocation creating further budget constraints for the project. Based on the current MPO plan (2020-2045), Holly Road project is listed under the 10-year MPO plan. On May 16, 2017, City Council approved a motion to rescope the Holly Road Project to remain within the available funding due to the MPO’s redirection of funding to the Harbor Bridge project and postponement on work for Holly Rd. Council directed the City to proceed with a two-phase improvement project on Holly Road. Phase 1 will utilize Bond 2013 and Bond 2016 funds for street rehabilitation work. The funds are cost savings from previous projects. Phase 1 project timeline is outlined below. Project design for Phase 1 has been completed and construction is anticipated to begin in September 2020. Phase 2 project will be proposed with the MPO long-range Metropolitan Transportation Plan. The Phase 2 proposed project would upgrade Holly Road to a five-lane cross-section after MPO funds become available in 2026. The project scope includes rehabilitation of 0.74 mile of asphalt pavement, a multi-use side path, pedestrian improvements, utilities, and pavement markings. Utility improvements include new water main, new wastewater mains, storm drainage improvements, and conduit for information technology. There is only 800 linear feet of existing plastic water main that was installed in 2002 and there is no wastewater main on this section of Holly Road. PROJECT TIMELINE: 2020 2020-20212017-2020 June - May Design Bid/ Award Construction Sept - JulyJune - August The project schedule reflects City Council approval in August 2020 with anticipated completion in July 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On July 1, 2020, the City received five bids. A summary of the bids is provided below. BID SUMMARY – BASE BID CONTRACTOR BASE BID Jhabores Construction Company, Inc. $3,349,518.32 Mako Contracting $3,609,940.15 Clark Pipeline Services LLC $3,741,725.35 J Carroll Weaver $4,441,084.26 Bay, Ltd. $4,444,441.60 Engineer’s Opinion of Probable Cost $4,887,793.00 The City analyzed the bids in accordance with the contract documents and determined Jhabores Construction Company, Inc., is the lowest responsive and responsible bidder. Jhabores is a reputable, Corpus Christi construction company that has been in the construction business in Corpus Christi for many years and has constructed many City public improvements projects. ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, Jhabores Construction Company, Inc. This would delay the project and conflict with City Council’s goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2020 is an amount of $3,349,518.32 for the construction phase of the Holly Road from Crosstown Expressway to Greenwood Drive to be funded from by the Street 2012 and 2016 Bond Programs projects savings and the FY2020 Stormwater, Water, and Wastewater Funds. Funding Detail: The funding information shown on the FY 2020 CIP includes City’s 20% match and the MPO 80% match. The MPO funding may be available in future years. The funding information on the CIP has to be amended with the FY 2021 CIP. The Street Bond 2012 funds approved for the project with the Bond were depleted due to the design and re-design of the project and the other tasks like environmental assessment, permitting, co-ordination involved with the MPO project. The construction funds for the project are transferred from Street Bond 2013 and Street Bond 2016. The construction fund transfers are cost savings from previous Bond projects. Fund: Street Bond 2013 (Fund 3549) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Holly Road – SH 286 (Crosstown) to Greenwood (Proj 6470) Account: Construction (Account #550910) Activity: 170371-01-3549-EXP Amount: $712,375.18 Fund: Street Bond 2016 (Fund 3552) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: Holly Road – SH 286 (Crosstown) to Greenwood (Proj 6470) Account: Construction (Account #550910) Activity: 170371-01-3549-EXP Amount: $120,000.00 Fund: Storm Water (Fund 4532) Mission Elem: Storm Water Drainage (ME 043) Project No.: Holly Road – SH 286 (Crosstown) to Greenwood (Proj 6470) Account: Construction (Account #550910) Activity: 170371-01-4532-EXP Amount: $154,898.65 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (ME 041) Project No.: Holly Road – SH 286 (Crosstown) to Greenwood (Proj 6470) Account: Construction (Account #550910) Activity: 170371-01-4099-EXP Amount: $527,574.33 Fund: Wastewater (Fund 4257) Mission Elem: Wastewater Collection System (ME 042) Project No.: Holly Road – SH 286 (Crosstown) to Greenwood (Proj 6470) Account: Construction (Account #550910) Activity: 170371-01-4257-EXP Amount: $1,834,672.16 RECOMMENDATION: Staff recommends awarding the Holly Road from State Highway 286 (Crosstown Expressway) to Greenwood in the amount of $3,349,518.32. The construction duration is planned for 11 months from issuance of the Notice to Proceed to begin construction in August 2020. SUPPORTING DOCUMENTS: Location Map Bid Tabulation Contract GREENWOODMARTINEL MONTE JOYC E MODESTO CAROLYN FRIO VENTURAFREDE RICK MISSION ARBOLEDALA JOYA EL PASO ESCONDIDOGAVILAN PALO VERDEDORADO PALO BLANCOCOAHUILA DOMINGO PENAHALA PIT PAMONA DAYS END VICTOR LARA ORTEGONKENTUCKY DER BY BUENOS AIRES RIO GRANDESABINALCOLORADOSILVERBERRYHACALABELLFRIO JOYC E GREENWOODDORADO Holl y Road - SH 286 (Cr osstown) to Gr eenwood (Bond 2012) Location Map CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXASDEPARTMENT OF ENGINEERING SERVICES Project Location SH 286GREENWOODHOLLY ROAD ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A1 Mobilization (5% Max. Part A)LS 1 10,000.00$ 10,000.00$ 1,000.00$ 1,000.00$ 12,000.00$ 12,000.00$ 30,598.58$ 30,598.58$ 12,000.00$ 12,000.00$ A2 Bonds & Insurance (2% Max.)AL 1 42,875.00$ 42,875.00$ 63,000.00$ 63,000.00$ 75,000.00$ 75,000.00$ 28,000.00$ 28,000.00$ 42,500.00$ 42,500.00$ A3 Ozone Action Day DAY 5 1,000.00$ 5,000.00$ 1.00$ 5.00$ 180.00$ 900.00$ 590.00$ 2,950.00$ 410.00$ 2,050.00$ A4 Survey Monument EA 2 357.00$ 714.00$ 2,000.00$ 4,000.00$ 1,020.00$ 2,040.00$ 1,770.00$ 3,540.00$ 270.00$ 540.00$ A5 SWPPP LS 1 1,113.00$ 1,113.00$ 20,000.00$ 20,000.00$ 18,000.00$ 18,000.00$ 6,490.00$ 6,490.00$ 3,400.00$ 3,400.00$ A6 Revegetation (Hydromulch)SY 15,094 1.30$ 19,622.20$ 1.50$ 22,641.00$ 1.80$ 27,169.20$ 0.59$ 8,905.46$ 2.00$ 30,188.00$ A7 Curb Inlet Protection EA 11 297.00$ 3,267.00$ 90.00$ 990.00$ 180.00$ 1,980.00$ 100.30$ 1,103.30$ 240.00$ 2,640.00$ A8 Silt Fence LF 240 7.00$ 1,680.00$ 4.25$ 1,020.00$ 6.00$ 1,440.00$ 11.80$ 2,832.00$ 15.00$ 3,600.00$ A9 Stabilized Construction Entrance EA 2 3,333.00$ 6,666.00$ 4,000.00$ 8,000.00$ 2,180.00$ 4,360.00$ 6,195.00$ 12,390.00$ 9,300.00$ 18,600.00$ A10 Traffic Control Plan & Preparation LS 1 11,909.00$ 11,909.00$ 25,000.00$ 25,000.00$ 15,000.00$ 15,000.00$ 94,064.56$ 94,064.56$ 16,000.00$ 16,000.00$ A11 Temporary Traffic Controls During Construction LS 1 29,700.00$ 29,700.00$ 27,375.00$ 27,375.00$ 39,600.00$ 39,600.00$ 312,416.21$ 312,416.21$ 89,738.85$ 89,738.85$ A12 Clear Right-Of-Way AC 10 9,640.00$ 96,400.00$ 10,000.00$ 100,000.00$ 3,000.00$ 30,000.00$ 8,849.95$ 88,499.50$ 27,700.00$ 277,000.00$ A13 Hot Tap (Verify Active Status of Pipeline)LS 1 8,748.00$ 8,748.00$ 5,400.00$ 5,400.00$ 10,800.00$ 10,800.00$ 17,700.00$ 17,700.00$ 11,600.00$ 11,600.00$ A14 Allowance For Removal Or Adjustment of Existing Pipeline (MANDATORY)AL 1 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ SUB-TOTAL PART A 267,694.20$ 308,431.00$ 268,289.20$ 639,489.61$ 539,856.85$ B1 Mobilization (5% Max. Part B)LS 1 21,318.43$ 21,318.43$ 15,000.00$ 15,000.00$ 34,000.00$ 34,000.00$ 30,589.58$ 30,589.58$ 9,900.00$ 9,900.00$ B2 Asphalt Planing (Milling) (2.0")SY 10,721 6.55$ 70,222.55$ 3.00$ 32,163.00$ 6.00$ 64,326.00$ 4.53$ 48,566.13$ 4.00$ 42,884.00$ B3 Asphalt Planing (Milling) (8.0")SY 6,112 10.24$ 62,586.88$ 4.50$ 27,504.00$ 9.60$ 58,675.20$ 7.95$ 48,590.40$ 6.00$ 36,672.00$ B4 Triaxial Geogrid (Tensar TriAx TX5)SY 6,112 3.93$ 24,020.16$ 4.00$ 24,448.00$ 6.00$ 36,672.00$ 4.07$ 24,875.84$ 4.00$ 24,448.00$ B5 6" Crushed Limestone Flexible Base (Type A, Grade 1-2)SY 6,112 16.14$ 98,647.68$ 20.00$ 122,240.00$ 21.60$ 132,019.20$ 19.27$ 117,778.24$ 19.50$ 119,184.00$ B6 Prime Coat (0.20 Gal/SY)GAL 1222 5.48$ 6,696.56$ 6.33$ 7,735.26$ 8.40$ 10,264.80$ 6.33$ 7,735.26$ 6.00$ 7,332.00$ B7 2" Hot Mix Asphalt Concrete Pavement Type D Surface Course SY 16,833 17.39$ 292,725.87$ 20.13$ 338,848.29$ 20.40$ 343,393.20$ 17.24$ 290,200.92$ 15.00$ 252,495.00$ B8 Prefabricated Pavement Markings TY.1 (W) (Left Turn Arrow) (100 mil)EA 2 178.65$ 357.30$ 172.50$ 345.00$ 180.00$ 360.00$ 177.00$ 354.00$ 200.00$ 400.00$ B9 Prefabricated Pavement Markings TY.1 (W) (Right Turn Arrow) (100 mil)EA 2 178.65$ 357.30$ 172.50$ 345.00$ 180.00$ 360.00$ 177.00$ 354.00$ 200.00$ 400.00$ B10 Prefabricated Pavement Marking Type C (W) ("ONLY")EA 4 476.39$ 1,905.56$ 460.00$ 1,840.00$ 480.00$ 1,920.00$ 472.00$ 1,888.00$ 540.00$ 2,160.00$ B11 Refl. Pavement Marking Type I (W) (4") (Broken)LF 300 0.66$ 198.00$ 0.63$ 189.00$ 0.66$ 198.00$ 0.65$ 195.00$ 0.75$ 225.00$ B12 Refl. Pavement Marking Type I (W) (4") (Solid)LF 6,314 0.60$ 3,788.40$ 0.58$ 3,662.12$ 0.60$ 3,788.40$ 0.59$ 3,725.26$ 0.75$ 4,735.50$ B13 Refl. Pavement Marking Type I (Y) (4") (Broken)LF 530 0.66$ 349.80$ 0.63$ 333.90$ 0.66$ 349.80$ 0.65$ 344.50$ 0.75$ 397.50$ CC, TX 78466 J Carroll Weaver PO Box 1361 Sinton, TX 78387 PROJECT 6470 - RFB 2945 PO Box 60089 CITY OF CORPUS CHRISTI - CONTRACTS AND PROCUREMENT BID TABULATION BID DATE: WEDNESDAY - JULY 1, 2020 HOLLY ROAD - SH 286 TO GREENWOOD DRIVE Jhabores Constr Co Inc Mako Contracting 3636 S Alameda - B153 Clark Pipeline Serv LLC 6229 Leopard St Bay Ltd 401 Corn Products Rd Bldg-1 CC, TX 78412CC, TX 78411 CC, TX 78409 PART A - GENERAL PART B - STREET IMPROVEMENTS 1 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78466 J Carroll Weaver PO Box 1361 Sinton, TX 78387 PROJECT 6470 - RFB 2945 PO Box 60089 HOLLY ROAD - SH 286 TO GREENWOOD DRIVE Jhabores Constr Co Inc Mako Contracting 3636 S Alameda - B153 Clark Pipeline Serv LLC 6229 Leopard St Bay Ltd 401 Corn Products Rd Bldg-1 CC, TX 78412CC, TX 78411 CC, TX 78409 B14 Refl. Pavement Marking Type I (Y) (4") (Solid)LF 4,865 0.60$ 2,919.00$ 0.58$ 2,821.70$ 0.60$ 2,919.00$ 0.59$ 2,870.35$ 0.75$ 3,648.75$ B15 Refl. Pavement Marking Type I (W) (8") (Solid) LF 693 1.79$ 1,240.47$ 1.73$ 1,198.89$ 1.80$ 1,247.40$ 1.77$ 1,226.61$ 2.00$ 1,386.00$ B16 Reflective Pavement Markings TY.1(Y) (24") (SLD) (100 mil) - Gore LF 646 4.47$ 2,887.62$ 4.31$ 2,784.26$ 4.50$ 2,907.00$ 4.43$ 2,861.78$ 5.00$ 3,230.00$ B17 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Crosswalk LF 72 5.06$ 364.32$ 4.89$ 352.08$ 5.10$ 367.20$ 5.02$ 361.44$ 5.00$ 360.00$ B18 Raised Reflective Pavement Markings (TY-C) White EA 58 5.95$ 345.10$ 5.75$ 333.50$ 6.00$ 348.00$ 5.90$ 342.20$ 6.00$ 348.00$ B19 Raised Reflective Pavement Markings (TYII-A-A) Yellow EA 217 5.95$ 1,291.15$ 5.75$ 1,247.75$ 6.00$ 1,302.00$ 5.90$ 1,280.30$ 6.00$ 1,302.00$ B20 Raised Reflective Pavement Markings (TYII-B-B) Blue EA 12 14.29$ 171.48$ 13.80$ 165.60$ 14.40$ 172.80$ 14.16$ 169.92$ 17.00$ 204.00$ B21 Aluminum Sign (Type A)EA 6 1,101.65$ 6,609.90$ 1,063.75$ 6,382.50$ 1,110.00$ 6,660.00$ 1,103.30$ 6,619.80$ 1,200.00$ 7,200.00$ B22 Allowance For Unanticipated Street Improvements (MANDATORY)AL 1 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ SUB-TOTAL PART B 629,003.53$ 619,939.85$ 732,250.00$ 620,929.53$ 548,911.75$ C1 Mobilization (5% Max. Part C)LS 1 5,240.29$ 5,240.29$ 5,000.00$ 5,000.00$ 10,200.00$ 10,200.00$ 16,563.15$ 16,563.15$ 5,100.00$ 5,100.00$ C2 8' Concrete Multi-Use Path SF 24,278 8.69$ 210,975.82$ 7.50$ 182,085.00$ 8.40$ 203,935.20$ 12.69$ 308,087.82$ 10.00$ 242,780.00$ C3 Curb Ramps SF 412 12.03$ 4,956.36$ 25.00$ 10,300.00$ 24.00$ 9,888.00$ 15.34$ 6,320.08$ 16.00$ 6,592.00$ C4 Remove And Replace Existing Concrete Sidewalk SF 163 6.49$ 1,057.87$ 12.00$ 1,956.00$ 14.40$ 2,347.20$ 14.46$ 2,356.98$ 46.00$ 7,498.00$ SUB-TOTAL PART C 222,230.34$ 199,341.00$ 226,370.40$ 333,328.03$ 261,970.00$ D1 Mobilization (5% Max. Part D)LS 1 4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 7,500.00$ 7,500.00$ 6,797.68$ 6,797.68$ 3,300.00$ 3,300.00$ D2 18" Dia. RCP (Class IV)LF 33 125.00$ 4,125.00$ 92.00$ 3,036.00$ 197.50$ 6,517.50$ 187.61$ 6,191.13$ 180.00$ 5,940.00$ D3 18" Safety End Treatment EA 2 1,818.00$ 3,636.00$ 2,300.00$ 4,600.00$ 2,005.20$ 4,010.40$ 2,853.15$ 5,706.30$ 2,300.00$ 4,600.00$ D4 24" Dia. RCP (Class IV)LF 322 89.00$ 28,658.00$ 161.00$ 51,842.00$ 151.94$ 48,924.68$ 277.92$ 89,490.24$ 120.00$ 38,640.00$ D5 24" Safety End Treatment EA 4 2,455.00$ 9,820.00$ 2,875.00$ 11,500.00$ 2,264.40$ 9,057.60$ 3,334.91$ 13,339.64$ 3,100.00$ 12,400.00$ D6 4' Post Inlet EA 1 3,394.00$ 3,394.00$ 6,313.50$ 6,313.50$ 4,384.80$ 4,384.80$ 6,490.00$ 6,490.00$ 5,200.00$ 5,200.00$ D7 5' Dia. Concrete Storm Water Manhole EA 1 9,027.00$ 9,027.00$ 8,050.00$ 8,050.00$ 7,200.00$ 7,200.00$ 6,490.00$ 6,490.00$ 12,400.00$ 12,400.00$ D8 Ditch Regrading LF 2,581 14.11$ 36,417.91$ 7.00$ 18,067.00$ 8.40$ 21,680.40$ 9.04$ 23,332.24$ 34.00$ 87,754.00$ D9 Adjust Existing Storm Water Manhole to Finish Grade EA 1 2,098.00$ 2,098.00$ 1,322.50$ 1,322.50$ 1,800.00$ 1,800.00$ 2,950.00$ 2,950.00$ 3,300.00$ 3,300.00$ D10 Trench Safety for Storm Water Conduits and Inlets LF 355 1.00$ 355.00$ 2.30$ 816.50$ 2.40$ 852.00$ 11.80$ 4,189.00$ 5.00$ 1,775.00$ D11 Trench Safety for Storm Water Manhole or Junction Box EA 1 700.00$ 700.00$ 1,184.50$ 1,184.50$ 600.00$ 600.00$ 5,310.00$ 5,310.00$ 540.00$ 540.00$ D12 6" Concrete Driveway SF 512 10.96$ 5,611.52$ 10.00$ 5,120.00$ 11.40$ 5,836.80$ 40.70$ 20,838.40$ 16.00$ 8,192.00$ D13 Allowance For Unanticipated Drainage Improvements (MANDATORY)AL 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUB-TOTAL PART D 132,842.43$ 141,852.00$ 143,364.18$ 216,124.63$ 209,041.00$ E1 Mobilization (5% Max. Part E)LS 1 15,000.00$ 15,000.00$ 20,000.00$ 20,000.00$ 24,000.00$ 24,000.00$ 20,393.06$ 20,393.06$ 9,900.00$ 9,900.00$ PART C - ADA IMPROVEMENTS PART D -DRAINAGE IMPROVEMENTS PART E - WATER IMPROVEMENTS 2 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78466 J Carroll Weaver PO Box 1361 Sinton, TX 78387 PROJECT 6470 - RFB 2945 PO Box 60089 HOLLY ROAD - SH 286 TO GREENWOOD DRIVE Jhabores Constr Co Inc Mako Contracting 3636 S Alameda - B153 Clark Pipeline Serv LLC 6229 Leopard St Bay Ltd 401 Corn Products Rd Bldg-1 CC, TX 78412CC, TX 78411 CC, TX 78409 E2 8" Dia. C900 PVC Waterline (DR 18)LF 13 51.00$ 663.00$ 57.50$ 747.50$ 126.54$ 1,645.02$ 24.43$ 317.59$ 65.00$ 845.00$ E3 12" Dia. C900 PVC Waterline (DR 18)LF 4,028 45.00$ 181,260.00$ 94.30$ 379,840.40$ 64.50$ 259,806.00$ 60.67$ 244,378.76$ 76.00$ 306,128.00$ E4 Trench Safety for Waterlines LF 4,041 1.00$ 4,041.00$ 2.30$ 9,294.30$ 2.40$ 9,698.40$ 3.54$ 14,305.14$ 5.00$ 20,205.00$ E5 8" Dia. Plug EA 1 292.00$ 292.00$ 316.25$ 316.25$ 390.00$ 390.00$ 1,445.44$ 1,445.44$ 370.00$ 370.00$ E6 12" Dia. 45 Deg D.I. Bend EA 34 807.00$ 27,438.00$ 920.00$ 31,280.00$ 480.00$ 16,320.00$ 830.28$ 28,229.52$ 1,100.00$ 37,400.00$ E7 12" Dia. 22.5 Deg D.I. Bend EA 2 784.00$ 1,568.00$ 862.50$ 1,725.00$ 456.00$ 912.00$ 803.48$ 1,606.96$ 1,000.00$ 2,000.00$ E8 8" x 12" D.I. Reducer EA 1 488.00$ 488.00$ 552.00$ 552.00$ 1,488.00$ 1,488.00$ 1,575.64$ 1,575.64$ 630.00$ 630.00$ E9 8" x 8" Tapping Sleeve and Valve EA 1 6,588.00$ 6,588.00$ 7,820.00$ 7,820.00$ 7,137.60$ 7,137.60$ 4,080.49$ 4,080.49$ 7,700.00$ 7,700.00$ E10 12" x 12" Tapping Sleeve and Valve EA 1 9,319.00$ 9,319.00$ 11,235.50$ 11,235.50$ 10,608.00$ 10,608.00$ 11,113.51$ 11,113.51$ 12,100.00$ 12,100.00$ E11 12" Gate Valve And Box EA 7 2,521.00$ 17,647.00$ 4,370.00$ 30,590.00$ 3,151.20$ 22,058.40$ 5,042.87$ 35,300.09$ 3,400.00$ 23,800.00$ E12 Fire Hydrant Assembly EA 12 5,411.00$ 64,932.00$ 5,520.00$ 66,240.00$ 4,082.40$ 48,988.80$ 6,382.41$ 76,588.92$ 7,000.00$ 84,000.00$ E13 Remove and Replace Existing 1" Dia. Water Service EA 4 1,228.00$ 4,912.00$ 1,725.00$ 6,900.00$ 2,922.00$ 11,688.00$ 3,020.99$ 12,083.96$ 1,500.00$ 6,000.00$ E14 Relocate Existing Water Meter EA 1 601.00$ 601.00$ 1,150.00$ 1,150.00$ 900.00$ 900.00$ 2,890.80$ 2,890.80$ 770.00$ 770.00$ E15 Remove And Replace Existing Concrete Sidewalk SF 37 6.85$ 253.45$ 10.00$ 370.00$ 16.80$ 621.60$ 154.52$ 5,717.24$ 95.00$ 3,515.00$ E16 Concrete Driveway Repair SF 1,537 13.35$ 20,518.95$ 13.00$ 19,981.00$ 11.40$ 17,521.80$ 25.80$ 39,654.60$ 41.00$ 63,017.00$ E17 Asphalt Pavement Repair SY 655 105.00$ 68,775.00$ 70.00$ 45,850.00$ 91.20$ 59,736.00$ 70.67$ 46,288.85$ 120.00$ 78,600.00$ E18 Concrete Valley Gutter Repair SF 52 34.48$ 1,792.96$ 15.50$ 806.00$ 24.60$ 1,279.20$ 154.51$ 8,034.52$ 85.00$ 4,420.00$ E19 Proposed Header Curb LF 14 41.39$ 579.46$ 20.00$ 280.00$ 60.00$ 840.00$ 188.88$ 2,644.32$ 100.00$ 1,400.00$ E20 Adjust Water Valve to Finish Grade EA 1 783.00$ 783.00$ 172.50$ 172.50$ 852.00$ 852.00$ 2,950.00$ 2,950.00$ 1,300.00$ 1,300.00$ E21 Allowance For Unanticipated Water Improvements (MANDATORY)AL 1 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ SUB-TOTAL PART E 452,451.82$ 660,150.45$ 521,490.82$ 584,599.41$ 689,100.00$ F1 Mobilization (5% Max. Part G)LS 1 75,000.00$ 75,000.00$ 30,000.00$ 30,000.00$ 83,000.00$ 83,000.00$ 84,807.24$ 84,807.24$ 67,100.00$ 67,100.00$ F2 Bypass Pumping of Raw Sewerage LS 1 2,203.00$ 2,203.00$ 4,025.00$ 4,025.00$ 78,000.00$ 78,000.00$ 29,500.00$ 29,500.00$ 5,200.00$ 5,200.00$ F3 8" Dia. PVC (SDR 26) Wastewater Gravity Line (10'-12' Depth)LF 17 185.00$ 3,145.00$ 124.20$ 2,111.40$ 228.30$ 3,881.10$ 243.24$ 4,135.08$ 240.00$ 4,080.00$ F4 24" Dia. PVC (SDR 26) Wastewater Gravity Line (14'-16' Depth)LF 465 198.00$ 92,070.00$ 201.25$ 93,581.25$ 259.52$ 120,676.80$ 302.67$ 140,741.55$ 290.00$ 134,850.00$ F5 24" Dia. PVC (SDR 26) Wastewater Gravity Line (16'-18' Depth)LF 2,538 284.00$ 720,792.00$ 258.75$ 656,707.50$ 265.52$ 673,889.76$ 350.04$ 888,401.52$ 390.00$ 989,820.00$ F6 24" Dia. PVC DR 18 (Green) (14'-16' Depth)LF 850 210.00$ 178,500.00$ 316.25$ 268,812.50$ 259.45$ 220,532.50$ 332.40$ 282,540.00$ 320.00$ 272,000.00$ F7 Trench Safety for Wastewater Lines LF 3,870 10.00$ 38,700.00$ 4.60$ 17,802.00$ 12.00$ 46,440.00$ 11.80$ 45,666.00$ 10.00$ 38,700.00$ F8 Well Pointing (Dewatering)LF 3,870 35.50$ 137,385.00$ 34.50$ 133,515.00$ 60.92$ 235,760.40$ 62.79$ 242,997.30$ 51.00$ 197,370.00$ F9 8" Dia. Plug EA 4 171.00$ 684.00$ 172.50$ 690.00$ 300.00$ 1,200.00$ 1,188.47$ 4,753.88$ 200.00$ 800.00$ F10 5' Dia. Fiberglass Manhole (< 6' Depth)EA 13 11,000.00$ 143,000.00$ 20,125.00$ 261,625.00$ 12,457.20$ 161,943.60$ 8,143.60$ 105,866.80$ 13,000.00$ 169,000.00$ F11 Extra Depth for 5' Dia. Manhole (Over 6' Depth)VF 133 1,100.00$ 146,300.00$ 680.80$ 90,546.40$ 728.40$ 96,877.20$ 796.80$ 105,974.40$ 1,400.00$ 186,200.00$ F12 Adjust Existing Wastewater Manhole to Finish Grade EA 1 2,650.00$ 2,650.00$ 1,725.00$ 1,725.00$ 2,392.80$ 2,392.80$ 3,058.99$ 3,058.99$ 3,700.00$ 3,700.00$ PART F - WASTEWATER IMPROVMENTS 3 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT CC, TX 78466 J Carroll Weaver PO Box 1361 Sinton, TX 78387 PROJECT 6470 - RFB 2945 PO Box 60089 HOLLY ROAD - SH 286 TO GREENWOOD DRIVE Jhabores Constr Co Inc Mako Contracting 3636 S Alameda - B153 Clark Pipeline Serv LLC 6229 Leopard St Bay Ltd 401 Corn Products Rd Bldg-1 CC, TX 78412CC, TX 78411 CC, TX 78409 F13 Trench Safety for Wastewater Manhole EA 13 1,000.00$ 13,000.00$ 1,186.80$ 15,428.40$ 1,200.00$ 15,600.00$ 1,180.00$ 15,340.00$ 2,700.00$ 35,100.00$ F14 Allowance For Unanticipated Wastewater Improvements (MANDATORY)AL 1 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ SUB-TOTAL PART F 1,573,429.00$ 1,596,569.45$ 1,760,194.16$ 1,973,782.76$ 2,123,920.00$ G1 Mobilization (5% Max. Part G)LS 1 3,780.00$ 3,780.00$ 3,000.00$ 3,000.00$ 4,200.00$ 4,200.00$ 3,398.86$ 3,398.86$ 1,600.00$ 1,600.00$ G2 2" PVC Schedule 40 I.T. Conduit with Mule Tape LF 3,803 13.00$ 49,439.00$ 13.80$ 52,481.40$ 17.53$ 66,666.59$ 16.40$ 62,369.20$ 14.00$ 53,242.00$ G3 24"x36"x24" Pull box EA 7 2,664.00$ 18,648.00$ 4,025.00$ 28,175.00$ 2,700.00$ 18,900.00$ 1,008.89$ 7,062.23$ 2,400.00$ 16,800.00$ SUB-TOTAL PART G 71,867.00$ 83,656.40$ 89,766.59$ 72,830.29$ 71,642.00$ 3,349,518.32$ 3,609,940.15$ 3,741,725.35$ 4,441,084.26$ 4,444,441.60$ Bid line Item B6 was shown incorreclty on Civcast as a quantity of 1222.4 , the correct quantity is 1222. The calculations for electronic bid submittals have been adjusted to reflect the corrected amounts. PART G - I.T. IMPROVEMENTS TOTAL BASE BID (PARTS A THRU G) Shaded cells indicate error in extension of totals by the Bidder - totals shown are corrected amounts 4 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT HOLLY ROAD SH 286 TO GREENWOOD DRIVE (Bond 2012) - PROJECT No. 6470 Contract No. 2945 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No 20 0304 Holly Rd Table of Contents 00 01 00 - 1 Holly Road–SH 286 to Greenwood Drive (Bond 2012), #6470 Rev 8/2019 00 01 00 TABLE OF CONTENTS Division / Section Title Division 00 Contracting Requirements 00 52 23 Agreement (Rev 8-2019) 00 72 00 General Conditions (Rev 8-2019) 00 73 00 Supplementary Conditions (Rev 8-2019) Division 01 General Requirements 01 11 00 Summary of Work (Rev 10-2018) 01 23 10 Alternates and Allowances (Rev 10-2018) 01 29 01 Measurement and Basis for Payment (Rev 8-2019) 01 33 01 Submittal Register (Rev 10-2018) 01 35 00 Special Procedures (Rev 10-2018) 01 50 00 Temporary Facilities and Controls (Rev 8-2019) 01 57 00 Temporary Controls (Rev 8-2019) Part S Standard Specifications 020 SITE ASSESSMENTS & CONTROLS 020100 Survey Monuments 021 SITE PREPARATION 021020 Site Clearing and Stripping 021040 Site Grading 021080 Removing Abandoned Structures 022 EARTHWORK 022021 Control of Ground Water 022022 Trench Safety for Excavations 022040 Street Excavation 022060 Chanel Excavation 022080 Embankment 022100 Select Material 022420 Silt Fence Table of Contents 00 01 00 - 2 Holly Road–SH 286 to Greenwood Drive (Bond 2012), #6470 Rev 8/2019 Division / Section Title 025 ROADWAY 025202 Scarifying and Reshaping Base Course 025205 Pavement Repair, Curb, Gutter, Sidewalk and Driveway Replacement 025223 Crushed Limestone Flexible Base 025402 Planing Asphalt Surfaces (S-27A) 025404 Asphalts, Oils and Emulsions 025412 Prime Coat 025414 Aggregate for Surface Treatment 025418 Surface Treatment 025424 Hot Mix Asphaltic Concrete Pavement (Class A) 025608 Inlets 025610 Concrete Curb and Gutter 025612 Concrete Sidewalks and Driveways 025614 Concrete Curb Ramps 025620 Portland Cement Concrete Pavement 025802 Temporary Traffic Controls During Construction 025805 Work Zone Pavement Markings 025807 Pavement Markings (Paint and Thermoplastic) 025813 Preformed Thermoplastic Striping, Words and Emblems 025816 Raised Pavement Markers 025818 Reference – TxDOT DMS-4200 Pavement Markers (Reflectorized) 025828 Reference – TxDOT DMS-6130 Bituminous Adhesive for Pavement Markers 026 UTILITIES 026201 Waterline Riser Assemblies 026202 Hydrostatic Testing of Pressure Systems 026204 PVC Pipe – Pressure Pipe for Wastewater Force Mains, Irrigation Systems, and Water Transmission lines – ASTM D2241 026206 Ductile Iron Pipe & Fittings 026210 PVC Pipe (AWWA C900 and C905 Pressure Pipe for Municipal Water Mains and Wastewater Force Mains) 026214 Grouting Abandoned Utility Lines 026402 Waterlines 026404 Water Service Lines 026409 Tapping Sleeves and Tapping Valves Table of Contents 00 01 00 - 3 Holly Road–SH 286 to Greenwood Drive (Bond 2012), #6470 Rev 8/2019 Division / Section Title 026411 Gate Valves for Waterlines 026416 Fire Hydrants 027 WASTEWATER AND STORM WATER 027200 Control of Wastewater Flows 027202 Manholes 027203 Vacuum Testing of Wastewater Manholes and Structures 027205 Fiberglass Manholes 027402 Reinforced Concrete Pipe Culverts 027602 Gravity Wastewater Lines 027604 Disposal of Waste from Wastewater Cleaning Operations 027606 Wastewater Service Lines 027611 Cleaning and Televised Inspection of Conduits 028 SITE IMPROVEMENTS & LANDSCAPING 028300 Fence Relocation 028320 Chain Link Fence 028370 Barbed Wire Fence 030 CONCRETE, GROUT 030020 Portland Cement Concrete 032020 Reinforcing Steel 038000 Concrete Structures 050 METALS 0554200 Frames, Grates, Rings and Covers Part S Standard Specifications 025 Roadway 022020-T Excavation And Backfill For Utilities 028 Site Improvements 028020-T Seeding Appendix Title A Geotechnical Report with Supplement No. 1 END OF SECTION Agreement 00 52 23 - 1 Holly Rd – SH 286 to Greenwood Dr #6470 Rev 7/2020 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Jhabores Construction Company, Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Holly Road – SH 286 to Greenwood Drive (Bond 2012) 6470 ARTICLE 2 – DESIGNER AND OWNER’S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: LNV, LLC 801 Navigation Blvd., Suite 300 Corpus Christi, TX 78408 sjones@LNVinc.com 2.02 The Owner’s Authorized Representative for this Project is: Brett Van Hazel, PMP – Asst. Director of Construction City of Corpus Christi – Engineering Services 4917 Holly Rd., Bldg, #5 Corpus Christi, TX 78411 ARTICLE 3 – CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 300 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed Agreement 00 52 23 - 2 Holly Rd – SH 286 to Greenwood Dr #6470 Rev 7/2020 and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 330 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. C. Milestones, and the dates for completion of each, are as defined in Section 01 35 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $2,000 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner $400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 01 35 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4 – CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $ 3,349,518.32 Agreement 00 52 23 - 3 Holly Rd – SH 286 to Greenwood Dr #6470 Rev 7/2020 ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.B, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner’s option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion, the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner’s option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR’s estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6 – INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The 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. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. Agreement 00 52 23 - 4 Holly Rd – SH 286 to Greenwood Dr #6470 Rev 7/2020 ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor’s safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Agreement 00 52 23 - 5 Holly Rd – SH 286 to Greenwood Dr #6470 Rev 7/2020 Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8 – ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice, the Owner shall be afforded reasonable access during normal business hours to all of the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor’s Bid Form. b. List as necessary. 2. Specifications, forms, and documents listed in SECTION 00 01 00 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor’s response, which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award, which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 00 52 23 - 6 Holly Rd – SH 286 to Greenwood Dr #6470 Rev 7/2020 ARTICLE 10 – CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Michael Rodriguez Chief of Staff __________________________ AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL ___________________________ Assistant City Attorney ATTEST (IF CORPORATION) CONTRACTOR Jhabores Construction Company, Inc. (Seal Below) By: Note: Attach copy of authorization to sign if person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief Financial Officer Title: P.O. Box 60089 Address Corpus Christi, TX 78466 City State Zip 361/852-8858 361/852-7979 Phone Fax Sara@jhaboresconstruction.com EMail END OF SECTION DocuSign Envelope ID: 751135A3-80A7-4CB5-A495-82F23853BB4A President 7/22/2020 BID TOTALS BASE BID Total Part A - General $267,694.20 Part B - STREET IMPROVEMENTS $629,005.72 Part C - ADA IMPROVEMENTS $222,230.34 Part D -DRAINAGE IMPROVEMENTS $132,842.43 Part E - WATER IMPROVEMENTS $452,451.82 Part F - WASTEWATER IMPROVMENTS $1,573,429.00 Part G - I.T. IMPROVEMENTS $71,867.00 Total $3,349,520.51 Part A - General No.Description Unit Qty Unit Price Ext Price A1 Mobilization (5% Max. Part A)LS 1 $10,000.00 $10,000.00 A2 Bonds & Insurance (2% Max.)AL 1 $42,875.00 $42,875.00 A3 Ozone Action Day DAY 5 $1,000.00 $5,000.00 A4 Survey Monument EA 2 $357.00 $714.00 A5 SWPPP LS 1 $1,113.00 $1,113.00 A6 Revegetation (Hydromulch)SY 15094 $1.30 $19,622.20 A7 Curb Inlet Protection EA 11 $297.00 $3,267.00 A8 Silt Fence LF 240 $7.00 $1,680.00 A9 Stabilized Construction Entrance EA 2 $3,333.00 $6,666.00 A10 Traffic Control Plan & Preparation LS 1 $11,909.00 $11,909.00 A11 Temporary Traffic Controls During Construction LS 1 $29,700.00 $29,700.00 A12 Clear Right-Of-Way AC 10 $9,640.00 $96,400.00 A13 Hot Tap (Verify Active Status of Pipeline)LS 1 $8,748.00 $8,748.00 A14 Allowance For Removal Or Adjustment of Existing Pipeline (MANDATORY) AL 1 $30,000.00 $30,000.00 Subtotal: $267,694.20 CIVCAST HOLLY ROAD - SH 286 TO GREENWOOD DRIVE (BOND 2012)Report Created On: 7/1/20 7:10:45 PM Part B - STREET IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price B1 Mobilization (5% Max. Part B)LS 1 $21,318.43 $21,318.43 B2 Asphalt Planing (Milling) (2.0")SY 10721 $6.55 $70,222.55 B3 Asphalt Planing (Milling) (8.0")SY 6112 $10.24 $62,586.88 B4 Triaxial Geogrid (Tensar TriAx TX5)SY 6112 $3.93 $24,020.16 B5 6" Crushed Limestone Flexible Base (Type A, Grade 1-2) SY 6112 $16.14 $98,647.68 B6 Prime Coat (0.20 Gal/SY)GAL 1222.4 $5.48 $6,698.75 B7 2" Hot Mix Asphalt Concrete Pavement Type D Surface Course SY 16833 $17.39 $292,725.87 B8 Prefabricated Pavement Markings TY.1 (W) (Left Turn Arrow) (100 mil) EA 2 $178.65 $357.30 B9 Prefabricated Pavement Markings TY.1 (W) (Right Turn Arrow) (100 mil) EA 2 $178.65 $357.30 B10 Prefabricated Pavement Marking Type C (W) ("ONLY") EA 4 $476.39 $1,905.56 B11 Refl. Pavement Marking Type I (W) (4") (Broken) LF 300 $0.66 $198.00 B12 Refl. Pavement Marking Type I (W) (4") (Solid) LF 6314 $0.60 $3,788.40 B13 Refl. Pavement Marking Type I (Y) (4") (Broken) LF 530 $0.66 $349.80 B14 Refl. Pavement Marking Type I (Y) (4") (Solid) LF 4865 $0.60 $2,919.00 B15 Refl. Pavement Marking Type I (W) (8") (Solid) LF 693 $1.79 $1,240.47 B16 Reflective Pavement Markings TY.1(Y) (24") (SLD) (100 mil) - Gore LF 646 $4.47 $2,887.62 B17 Reflective Pavement Markings TY.1(W) (24") (SLD) (100 mil) - Crosswalk LF 72 $5.06 $364.32 B18 Raised Reflective Pavement Markings (TY-C) White EA 58 $5.95 $345.10 B19 Raised Reflective Pavement Markings (TYII-A-A) Yellow EA 217 $5.95 $1,291.15 B20 Raised Reflective Pavement Markings (TYII-B-B) Blue EA 12 $14.29 $171.48 CIVCAST HOLLY ROAD - SH 286 TO GREENWOOD DRIVE (BOND 2012)Report Created On: 7/1/20 7:10:45 PM B21 Aluminum Sign (Type A)EA 6 $1,101.65 $6,609.90 B22 Allowance For Unanticipated Street Improvements (MANDATORY) AL 1 $30,000.00 $30,000.00 Subtotal: $629,005.72 Part C - ADA IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price C1 Mobilization (5% Max. Part C)LS 1 $5,240.29 $5,240.29 C2 8' Concrete Multi-Use Path SF 24278 $8.69 $210,975.82 C3 Curb Ramps SF 412 $12.03 $4,956.36 C4 Remove And Replace Existing Concrete Sidewalk SF 163 $6.49 $1,057.87 Subtotal: $222,230.34 Part D -DRAINAGE IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price D1 Mobilization (5% Max. Part D)LS 1 $4,000.00 $4,000.00 D2 18" Dia. RCP (Class IV)LF 33 $125.00 $4,125.00 D3 18" Safety End Treatment EA 2 $1,818.00 $3,636.00 D4 24" Dia. RCP (Class IV)LF 322 $89.00 $28,658.00 D5 24" Safety End Treatment EA 4 $2,455.00 $9,820.00 D6 4' Post Inlet EA 1 $3,394.00 $3,394.00 D7 5' Dia. Concrete Storm Water Manhole EA 1 $9,027.00 $9,027.00 D8 Ditch Regrading LF 2581 $14.11 $36,417.91 D9 Adjust Existing Storm Water Manhole to Finish Grade EA 1 $2,098.00 $2,098.00 D10 Trench Safety for Storm Water Conduits and Inlets LF 355 $1.00 $355.00 D11 Trench Safety for Storm Water Manhole or Junction Box EA 1 $700.00 $700.00 D12 6" Concrete Driveway SF 512 $10.96 $5,611.52 D13 Allowance For Unanticipated Drainage Improvements (MANDATORY) AL 1 $25,000.00 $25,000.00 Subtotal: $132,842.43 CIVCAST HOLLY ROAD - SH 286 TO GREENWOOD DRIVE (BOND 2012)Report Created On: 7/1/20 7:10:45 PM Part E - WATER IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price E1 Mobilization (5% Max. Part E)LS 1 $15,000.00 $15,000.00 E2 8" Dia. C900 PVC Waterline (DR 18)LF 13 $51.00 $663.00 E3 12" Dia. C900 PVC Waterline (DR 18)LF 4028 $45.00 $181,260.00 E4 Trench Safety for Waterlines LF 4041 $1.00 $4,041.00 E5 8" Dia. Plug EA 1 $292.00 $292.00 E6 12" Dia. 45 Deg D.I. Bend EA 34 $807.00 $27,438.00 E7 12" Dia. 22.5 Deg D.I. Bend EA 2 $784.00 $1,568.00 E8 8" x 12" D.I. Reducer EA 1 $488.00 $488.00 E9 8" x 8" Tapping Sleeve and Valve EA 1 $6,588.00 $6,588.00 E10 12" x 12" Tapping Sleeve and Valve EA 1 $9,319.00 $9,319.00 E11 12" Gate Valve And Box EA 7 $2,521.00 $17,647.00 E12 Fire Hydrant Assembly EA 12 $5,411.00 $64,932.00 E13 Remove and Replace Existing 1" Dia. Water Service EA 4 $1,228.00 $4,912.00 E14 Relocate Existing Water Meter EA 1 $601.00 $601.00 E15 Remove And Replace Existing Concrete Sidewalk SF 37 $6.85 $253.45 E16 Concrete Driveway Repair SF 1537 $13.35 $20,518.95 E17 Asphalt Pavement Repair SY 655 $105.00 $68,775.00 E18 Concrete Valley Gutter Repair SF 52 $34.48 $1,792.96 E19 Proposed Header Curb LF 14 $41.39 $579.46 E20 Adjust Water Valve to Finish Grade EA 1 $783.00 $783.00 E21 Allowance For Unanticipated Water Improvements (MANDATORY) AL 1 $25,000.00 $25,000.00 Subtotal: $452,451.82 Part F - WASTEWATER IMPROVMENTS No.Description Unit Qty Unit Price Ext Price F1 Mobilization (5% Max. Part G)LS 1 $75,000.00 $75,000.00 CIVCAST HOLLY ROAD - SH 286 TO GREENWOOD DRIVE (BOND 2012)Report Created On: 7/1/20 7:10:45 PM F2 Bypass Pumping of Raw Sewerage LS 1 $2,203.00 $2,203.00 F3 8" Dia. PVC (SDR 26) Wastewater Gravity Line (10'-12' Depth) LF 17 $185.00 $3,145.00 F4 24" Dia. PVC (SDR 26) Wastewater Gravity Line (14'-16' Depth) LF 465 $198.00 $92,070.00 F5 24" Dia. PVC (SDR 26) Wastewater Gravity Line (16'-18' Depth) LF 2538 $284.00 $720,792.00 F6 24" Dia. PVC DR 18 (Green) (14'-16' Depth) LF 850 $210.00 $178,500.00 F7 Trench Safety for Wastewater Lines LF 3870 $10.00 $38,700.00 F8 Well Pointing (Dewatering)LF 3870 $35.50 $137,385.00 F9 8" Dia. Plug EA 4 $171.00 $684.00 F10 5' Dia. Fiberglass Manhole (< 6' Depth)EA 13 $11,000.00 $143,000.00 F11 Extra Depth for 5' Dia. Manhole (Over 6' Depth) VF 133 $1,100.00 $146,300.00 F12 Adjust Existing Wastewater Manhole to Finish Grade EA 1 $2,650.00 $2,650.00 F13 Trench Safety for Wastewater Manhole EA 13 $1,000.00 $13,000.00 F14 Allowance For Unanticipated Wastewater Improvements (MANDATORY) AL 1 $20,000.00 $20,000.00 Subtotal: $1,573,429.00 Part G - I.T. IMPROVEMENTS No.Description Unit Qty Unit Price Ext Price G1 Mobilization (5% Max. Part G)LS 1 $3,780.00 $3,780.00 G2 2" PVC Schedule 40 I.T. Conduit with Mule Tape LF 3803 $13.00 $49,439.00 G3 24"x36"x24" Pull box EA 7 $2,664.00 $18,648.00 Subtotal: $71,867.00 CIVCAST HOLLY ROAD - SH 286 TO GREENWOOD DRIVE (BOND 2012)Report Created On: 7/1/20 7:10:45 PM AGENDA MEMORANDUM Action Item for the City Council Meeting of August 18, 2020 DATE: August 3, 2020 TO: Peter Zanoni, City Manager 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 CAPTION: Motion awarding a Master Services Agreement for Construction Claims Resolution Services to Consor Engineers, LLC, of Pharr, Texas, for one year in an amount up to $100,000 with a one- year renewal option to be administratively authorized for a total amount not to exceed $200,000, with projects located Citywide, and with funding available from the FY 2020 Utility Capital Program and Bond Program Funds. SUMMARY: This motion approves a Master Services Agreement (MSA) to Consor Engineers, LLC to perform Construction Claims Resolution Services to resolve claims disputes by reviewing relevant documentation, meetings with contractor, meetings with City staff and develop recommendations on the merits of construction claims. BACKGROUND AND FINDINGS: The Engineering Department has historically utilized a consultant to process construction claims resolution to help resolve contractor disputes without resorting to litigation on an as needed basis. Using a third-party mediator has saved the City time and money resolving past disputes. Task orders will be issued when claims resolution services are needed. Currently, Engineering Services do not have an MSA for Construction Claims Resolution Services. Small contracts are issued when services are required that sometimes cause delays. This contract will create an efficient mechanism to track the overall construction claims on the citywide projects. Construction claims by contractors occur for various reasons including construction delays, delays in receipt of materials, weather, changes in management, and inadequate plans and specifications. Consor Engineers, LLC will act as a mediator to resolve Master Services Agreement Construction Claims Resolution Services claims disputes. The scope of work under this contract includes and the development of recommendations on the merits of construction claims. The MSA contract is for a one-year term with a one-year administrative renewal option. Individual task order will be issued within a not to exceed amount of $100,000 per year. Task order will be administratively approved. COMPETITIVE SOLICITATION PROCESS Consor Engineers, LLC was selected for this service in March 2020 under RFQ 2667. Construction Claims Resolution Services was one of eight Professional Engineering Services projects announced under the RFQ. Three firms submitted for the Construction Claims Resolution Services project. Consor Engineers, LLC was the highest ranked firm. The selection committee consisted of representatives from Engineering Services. Firms were ranked based on five factors: 1) experience and qualifications of firm, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) respondent capacity, and 5) respondent past performance. ALTERNATIVES: Not awarding this MSA would remove a valuable tool for Engineering Services to help reach claims settlements without costly litigation. FISCAL IMPACT: The fiscal impact for FY2020 is an amount of $100,000 to be funded through the FY 2020 Utility Capital Program and Bond Program Funds. Specific funding details will be determined at the time a task order is issued. FUNDING DETAIL: Not applicable. Funding will be at the task order level and these services will be charged against the benefitting projects. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Consor Engineers, LLC in the amount of $100,000 for a one-year term and one renewal option to be administratively authorized for a total amount not to exceed $200,000. The services are planned to start in August 2020 with completion in August 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract 37 37 181 77 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Construction Claims Resolution Project Number: 20M0004 LOCATION MAP NOT TO SCALE CITYWIDE PROJECT N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Construction Claims Resolution Project Number: 20M0004 AERIAL MAP NOT TO SCALE CITYWIDE PROJECT Page 1 Rev. 20-5 SERVICE AGREEMENT NO. 3050 MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT 20M0004 - CONSTRUCTION CLAIMS RESOLUTION This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Consor Engineers, LLC., 216 E. Expressway 83, Suite T, Pharr, Texas 78577, (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 2 Rev. 20-5 ARTICLE I – PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant’s response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are issued the fully executed Task Order to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 3 Rev. 20-5 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. ARTICLE II – COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $100,000.00. 2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual’s time is allocated and the justification for that allocation. 2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 4 Rev. 20-5 ARTICLE III – QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV – INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 5 Rev. 20-5 ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 6.3 The term of this Agreement shall be for a period of one year beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to one year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 6 Rev. 20-5 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII – RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 “Consultant’s records” include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX – OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 7 Rev. 20-5 specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X – CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 8 Rev. 20-5 for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 9 Rev. 20-5 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Page 10 Rev. 20-5 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. 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI CONSOR ENGINEERS, LLC. ________________________________ ________________________________ Michael Rodriguez Date Zina Schwartz, P.E. Date Chief of Staff Executive Vice President 216 E. Expressway 83, Suite T Pharr, Texas 78577 (956) 949-0022 Office cbocanegra@consoreng.com APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084 6/2/2020 DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 6/2/2020 Page 11 Rev. 20-5 ATTEST _______________________________ Rebecca Huerta, City Secretary DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 EXHIBIT A Page 1 of 1 PROJECT SCOPE Construction Claims Resolution This contract will provide services to assist with the resolution of construction claims. The work includes review of all relevant documentation, meetings with the contractor, meetings with city staff and developing written opinions on the merits of construction claims. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 REPRODUCTION (8.5" x 11")(B/W) EA $0.10 REPRODUCTION (11" x 17")(B/W)EA $0.20 REPRODUCTION (8.5" x 11")(Color)EA $0.50 REPRODUCTION (11" x 17")(Color)EA $1.25 PRESENTATION BOARDS 30" X 40"EA $125.00 USB Drive EA $20.00 EA $18.00 EA $30.00 DAY/PERSON $104.00 DAY/PERSON $35.00 DAY/PERSON $56.00 MILE $0.575 PRIME PROVIDER NAME: CONSOR Engineers, LLC. Lodging/Hotel (Taxes and Fees) Lodging/Hotel (State Rate) Per Diem (State Rate) Mileage (State Rate) $117.00 Labor/Staff Classification Project Manager Project Engineer Engineer-In-Training CONSOR - 2020 Labor Rates UNIT RATE Senior Auditor $235.00 Senior Engineer $205.00 Auditor $170.00 Records Keeper Scheduer I/II $120.00 $105.00 Contract Rate FY 2020 Direct Expenses $180.00 Overnight Mail - Letter Size $105.00 Overnight Mail - Oversized Box $165.00 $210.00Scheduler IV Scheduler III EXHIBIT B Page 1 of 1 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 1 Rev 01/20 EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 2 Rev 01/20 be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 3 Rev 01/20 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 EXHIBIT “E” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 EXHIBIT F Page 1 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; EXHIBIT F Page 2 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; EXHIBIT F Page 3 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT F Page 4 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT F Page 5 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT F Page 6 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT F Page 7 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. EXHIBIT F Page 9 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT F Page 10 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A.OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A.The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A.OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A.Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A.Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B.OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT F Page 11 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 10.03 Resident Project Representatives A.Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A.OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A.Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B.Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C.OAR and Designer’s authority related to Modifications is described in Article 11. D.OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B.Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C.OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D.Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A.OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. EXHIBIT F Page 12 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT F Page 13 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. EXHIBIT F Page 14 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT F Page 15 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT F Page 16 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT F Page 17 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT F Page 18 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT F Page 19 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F.Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A.Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1.Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2.Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3.Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1.File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2.Reject the Record Data for one of the following reasons: a.The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b.The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c.The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel -Not Required.” No further action is required and the Record Data process will be closed. C.Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A.Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B.OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C.Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1.Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2.Correct the noted deficiencies in the Work. 3.Notify the Designer when the items of Work in the Designer’s notice have been completed. 4.OPT will revisit the Site and repeat the process. 5.Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6.Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT F Page 21 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 29.02 Final Inspections A.Notify the Designer when: 1.Work has been completed in compliance with the Contract Documents; 2.Equipment and systems have been tested per Contract Documents and are fully operational; 3.Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4.Specified spare parts and special tools have been provided; and 5.Work is complete and ready for final inspection. B.OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C.Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D.Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E.Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 DocuSign Envelope ID: D96AD26E-C6DC-4669-BD71-5E6D18FDB084DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314) 432-0500 Consor Engineers, LLC 15310 Park Row Houston TX 77084 AXIS Surplus Insurance Company 26620 Great American Insurance Company 16691 Hartford Insurance Co of the Midwest 37478 Lexington Insurance Company 19437 Manufacturers Alliance Insurance Company 36897 Pennsylvania Manufacturers' Assoc Ins Co 12262 X X 1,000,000 1,000,000 XXXXXXX 1,000,000 2,000,000 2,000,000 X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 10,000,000 10,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 Professional & Environmental Liability $10,000,000 per Claim $10,000,000 Aggregate Deductible: $150,000 B 84 UEN AA5246 12/31/2019 12/31/2020 A 035417916 12/31/2019 12/31/2020 F EBZ634816/51/2019 12/31/2019 12/31/2020 C TUE 3274463 00 12/31/2019 12/31/2020 D 0468405Y (AOS)12/31/2019 12/31/2020 E 0468405B (HI)12/31/2019 12/31/2020 12/31/2020 1407115 Y Y Y Y N N N 5/18/2020 N Y 16751034 16751034 XXXXXXX City of Corpus Christi ATTN: Engineering Services PO Box 9277 Corpus Christi TX 78469-9277 THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. RE: PROJECT: Professional Engineering Services; For Construction Claims Resolution; Corpus Christi, Texas; Project No. 20M004, Contract No. 3050; CONSOR Project No. C200392TX. *SEE PAGE 2* X See Attachment DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03) The City and its officers, officials, employees and elected representatives are included as additional insureds if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. A waiver of subrogation applies in favor of The City and its officers, officials, employees and elected representatives if required by written contract with respect to General Liability, Automobile Liability, and Professional Liability per the terms and conditions of the policy where permitted by state law. A 30-day notice of cancellation is included if required by written contract with respect to General Liability and Automobile Liability per the terms and conditions of the policy. Certificate Holder ID: 16751034 DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 City of Corpus Christi ATTN: Engineering Services PO Box 9277 Lockton Companies Three CityPlace Dr, Suite 900 / St. Louis, MO 63141-7088 314-432-0500 / lockton.com Corpus Christi TX 78469-9277 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 16751034. • Email: STL-edelivery@lockton.com • Phone: (866) 728-5657 (toll-free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year’s renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Attachment Code: D545910 Master ID: 1407115, Certificate ID: 16751034 DocuSign Envelope ID: CC98693A-BFF5-468E-A853-A3B3CA126449 DATE: July 22, 2020 TO: Peter Zanoni, City Manager THRU: Keith Selman, Assistant City Manager Keiths@cctexas.com (361) 826-3082 FROM: David Lehfeldt, Director, Solid Waste Services DavidL3@cctexas.com 361-826-1953 CAPTION: Motion authorizing the purchase of approximately 92.241 acres of farmland located on State Highway 286 south of and abutting the J.C. Elliott Transfer Station for $3,000,000 funded through reserve balances in the Solid Waste Certificates of Obligation issued in 2008, 2015, 2017, and 2018; and authorizing the execution of all documents necessary for the purchase. SUMMARY: The Solid Waste Services department seeks approval to purchase 92.241 acres adjacent to the existing JC Elliott Transfer Station which is considered an ideal location to relocate administrative offices, operate a composting program, construct and operate a larger enclosed transfer station, and consolidate hauling operations. Funding is currently available from the reserve balances in the Solid Waste Certificates of Obligation issued in 2008, 2015, 2017, and 2018. BACKGROUND AND FINDINGS: The Solid Waste Services department has the opportunity to purchase property immediately adjacent to the JC Elliott Transfer Station that will provide an ideal location to consolidate Solid Waste Department operations in a centralized location. In the near future, the department’s plans include the addition of a composting program and facility, a larger and enclosed transfer station, new administrative offices, and consolidated fueling and parking for the transfer and collection fleets. The natural buffer area provided by the Oso Creek is an ideal location to centralize Solid Waste operations while the City continues to expand southward with recent annexations and residential development. Corpus Christi is lagging behind other major cities in the amount of solid waste materials diverted from landfilling. A composting program, utilizing the available wastewater sludge and ground brush, would Real Estate Purchase Contract for 92.241 acres of farmland, located on State Highway 286, abutting and south of the JC Elliott Transfer Station AGENDA MEMORANDUM Action Item for the City Council Meeting August 18, 2020 divert 80,000 to 100,000 tons of materials per year, conserving valuable landfill space. After opening for operations in 2007, the existing transfer station has already reached its operational capacity. A new, larger, enclosed transfer facility is needed to meet the growing demand and utilization by residents, commercial haulers, and the City’s refuse collection fleet. The existing transfer station would be repurposed and utilized for tire shredding, freon recovery, and glass crushing operations. Solid Waste Services currently shares a 47 year-old building at 2525 Hygeia St., with the Public Works Department. In addition to the inadequate office and meeting facilities, the building has foundation, roofing, and HVAC issues. Previous plans to construct new administrative facilities at the JC Elliott Transfer Station have been placed on hold with the prospect of combining departmental operations under one roof. By consolidating personnel and equipment at one location, the department would reduce the overall footprint and gain operational efficiencies. ALTERNATIVES: 1. Authorize purchase of the subject property. (Recommended) 2. Do not authorize purchase of the subject property. (Not Recommended) FINANCIAL IMPACT: Certificates of obligation reserves identified from 2008, 2015, 2017, and 2018 totaling $3,000,000 will be utilized to fund the land purchase. FUNDING DETAIL: Fund: 3365 - Sanitation/Land 2008 Fund Organization/Activity: 20281-3365-EXP Mission Element: 033 Project # (CIP Only): 20281 - Solid Waste Land Purchase Account: 550701- Land and Right of Way Fund: 3367 - Landfill 2015CO Fund Organization/Activity: 20281-3367-EXP Mission Element: 033 Project # (CIP Only): 20281 - Solid Waste Land Purchase Account: 550701- Land and Right of Way Fund: 3368 - Landfill 2017CO Fund Organization/Activity: 20281-3368-EXP Mission Element: 033 Project # (CIP Only): 20281 - Solid Waste Land Purchase Account: 550701- Land and Right of Way Fund: 3369 - Landfill 2018CO Fund Organization/Activity: 20281-3369-EXP Mission Element: 033 Project # (CIP Only): 20281 - Solid Waste Land Purchase Account: 550701- Land and Right of Way RECOMMENDATION: The recommendation is to approve this item as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Real Estate Contract Council Presentation August 18, 2020 Solid Waste Services Land Purchase for Solid Waste Facilities 1 2 Currently, Solid Waste is working on three issues: •Administration building ~ 50 years old and needs to be replaced •The J.C. Elliott Transfer Station is very popular and has outgrown its space needs •Establish a compost facility to increase landfill diversion volumes and utilize industry best practices Solid Waste Issues 3 •Current Admin office building is too small •Shared w/the Street Dept •One third of the office space is now sinking (old age) Solid Waste Admin Building 4 •Very popular! •We can’t keep up with customer demand •Would like to add services but don’t have the room J. C. Elliott Transfer Station 5 Added Services Tire Shredding - $81,000 annual savings Freon Recovery - $18,000 annual savings Glass Crushing 6 •EPA estimates that ~2/3 of what is thrown away is compostable •Composting is less expensive than landfilling •TCEQ provides rebates of the landfill fees that we pay Compost Facility 7 Reduced sludge hauling will save ~ $160,000/yr Compost Facility TCEQ landfill fee rebates will be ~ $126,000/yr. Reduced push and pack fee will save ~ $876,000/yr. 8 •Three issues, one solution! •We need a centralized location •The land is available and for sale Proposal 9 Land For Sale •Land adjacent to the Transfer Station (92.241 acres) is for sale •Will be able to use existing facility for entry gates, scales, and expanded services 10 Mock Layout •The 92 acres will provide enough space for the three new projects •The new/expanded services will utilize the old Transfer Station building 11 Funding Available •The land has been professionally appraised with an approximate value of $2,860,000 •There are adequate funds available in the Solid Waste CIP reserve accounts to purchase the land 12 Appraisal Details Appraisal Completed:December 30, 2019 Appraisal Report Submitted:January 15, 2020 Fair Market Value:$ 2,860,000 / $31,000 per acre Purchase Price $3,000,000 / $32,523 per acre Map of 92.241 Acre Tract With Planned Solid Waste Services Facilities (the plowed field West of TX 286) 1 DEPARTMENT OF ENGINEERING SERVICES Land Acquisition – 92.241 ac. BCL REAL ESTATE SALES CONTRACT This Real Estate Sales Contract (“Contract”) is entered into by and between EMILY JANE BENICK, LINDA ELZNER ZALUDEK LONG, LISA JO ENCARGUEZ, LANCE JOSEPH ELZNER, DAWN MICHELE BEADLES, VICTOR F. SIMCIK, JR., LEONARD R. ELZNER, MARY JEANETTE BEARDEN, RICHARD SMITH, PATRICIA K. BENTLEY, ELAINE A. STALLINGS, ELIZABETH L. SIMCIK, DENNIS ELZNER, STEPHEN JAMES ELZNER, SANDRA GALLOPS, DEBBIE KUCERA, ANDY SIMCIK, MARY ELZNER BOYD, MATTHEW SIMCIK, DEANNA HOWARD, AND REBECCA J. ELZNER, collectively hereinafter called “Seller”, and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277, hereinafter called “Buyer”. 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the fee simple interest estate in the properties described below together with all rights, privileges, and appurtenances pertaining to the property situated in Nueces County, Texas, less and except the oil and gas mineral rights to the properties: A tract of land containing 92.241 acres out of Lot 4, Section 14 and Lot 1, Section 16, BOHEMIAN COLONY LANDS. Such 92.241 acre tract of land being identified in the records of the Nueces County Appraisal District under account number 0847-0014-0045, Nueces County, Texas. 2. Purchase Price. At the closing, Buyer agrees to pay $ 3,000,000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer’s expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted by the Buyer, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company (“Title Company”) must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after closing. 4. Warranty Deed and Closing Costs. At the closing. Seller must execute and deliver a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay one-half escrow fee, document preparation fees, and recording fees. Seller will pay any costs to cure title, one-half of escrow fee, and deed preparation fee. At closing, Seller must convey the Property with no liens, assessments, or any security interests against the Property; and with no persons in possession on any part of the Property as tenants, lessees, or tenants at sufferance, or trespassers. 2 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2019. All property taxes for the year 2020, if any are due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2020 to the date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. 6. Earnest Money. Buyer deposits Seven Hundred Dollars and no cents ($700.00) with the mutually agreed upon Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at closing; Buyer will pay the balance of the purchase price owing at closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to close on this Contract as set out herein, for any reason, Seller is entitled to the Earnest Money as full and adequate liquidated damages for breach of this Contract. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. BLANK 8. Time for Performance. This transaction will be closed through a mutually agreed upon Title Company at a mutually agreed upon date on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller’s execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager, or designee, on behalf of the Buyer. 9. Survives Closing. This Contract survives closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 30-Day Inspection Period and Buyer’s absolute right to cancel this Contract. For the Option Fee of $300.00 paid by Buyer, in addition to the Earnest Money, Buyer shall have thirty (30) days (the “30-Day Inspection Period”) from the effective date of the Contract to notify Seller of Buyer’s election, in Buyer’s sole discretion, to cancel this Contract in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer’s inspection of the Property. Failure of Buyer to deliver to Seller, within the 30-Day Inspection Period, written notice of Buyer’s determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer’s right to terminate this Contract on this basis. 3 a. Right of Entry. (1) During the 30-Day Inspection Period and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of the following: appraisals, utility relocation, land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer’s inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller’s possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. b. Environmental Condition of Property. Definitions. “Environmental Law” shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clean Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. “Hazardous Materials” shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer’s sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the “Environmental Audit”) and to deliver a report 4 describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all broker’s fees and commissions incurred in connection with the sale of this Property. The City is not represented by a Broker and will not pay any commissions. 12. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as of the effective date of this Agreement and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as “Seller's Closing Documents”) and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law (as defined in Section 10(b)). Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the commitment to be furnished to Buyer hereunder. 5 No Options. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property but waives any and all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside the above described property and upon the condition that none of such operations shall be conducted so near the surface of said Property as to interfere with the intended use thereof. 15. Notices. All Notices between the parties under this contract must be in writing and are effective when hand delivered, or deposited for mail by certified mail, or deposited by regular mail, to the following: To Seller: KW Coastal Bend Keller Williams Realty Attn: Alan Doty 4815 Everhart, Suite 101 Corpus Christi, Texas 78411 To Buyer: City of Corpus Christi Attn: Director of Solid Waste P.O. Box 9277 Corpus Christi, Texas 78469-9277 16. Essential. Time is of the essence in closing this transaction. 17. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. This contract is executed in triplicate and in counterpart, any of which constitutes an original. [SIGNATURE PAGES FOLLOW] 6 SELLER: EMILY JANE BENICK ___________________________________ THE STATE OF MISSOURI § COUNTY OF § This instrument was acknowledged before me on __________________________________, 2020 by Emily Jane Benick. _______________________________________ Notary Public in and for the State of _________ [Seal] 7 SELLER: LINDA ELZNER ZALUDEK LONG ___________________________________ THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on __________________________________, 2020 by Linda Elzner Zaludek Long. _______________________________________ Notary Public in and for the State of _________ 8 SELLER: LISA JO ENCARGUEZ ___________________________________ THE STATE OF TEXAS § COUNTY OF FORT BEND § This instrument was acknowledged before me on __________________________________, 2020 by Lisa Jo Encarguez. _______________________________________ Notary Public in and for the State of _________ 9 SELLER: LANCE JOSEPH ELZNER ___________________________________ THE STATE OF TEXAS § COUNTY OF MAVERICK § This instrument was acknowledged before me on __________________________________, 2020 by Lance Joseph Elzner. _______________________________________ Notary Public in and for the State of _________ 10 SELLER: DAWN MICHELE BEADLES ___________________________________ THE STATE OF TEXAS § COUNTY OF FORT BEND § This instrument was acknowledged before me on __________________________________, 2020 by Dawn Michele Beadles. _______________________________________ Notary Public in and for the State of _________ 11 SELLER: VICTOR F. SIMCIK, JR. ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Victor F. Simcik, Jr. _______________________________________ Notary Public in and for the State of _________ 12 SELLER: LEONARD R. ELZNER ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Leonard R. Elzner. _______________________________________ Notary Public in and for the State of _________ 13 SELLER: MARY JEANETTE BEARDEN ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Mary Jeanette Bearden. _______________________________________ Notary Public in and for the State of _________ 14 SELLER: RICHARD SMITH ___________________________________ THE STATE OF TEXAS § COUNTY OF FORT BEND § This instrument was acknowledged before me on __________________________________, 2020 by Richard Smith. _______________________________________ Notary Public in and for the State of _________ 15 SELLER: PATRICIA K. BENTLEY ___________________________________ THE STATE OF TEXAS § COUNTY OF BURNET § This instrument was acknowledged before me on __________________________________, 2020 by Patricia K. Bentley. _______________________________________ Notary Public in and for the State of _________ 16 SELLER: ELAINE A. STALLINGS ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Elaine A. Stallings. _______________________________________ Notary Public in and for the State of _________ 17 SELLER: ELIZABETH L. SIMCIK ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Elizabeth L. Simcik. _______________________________________ Notary Public in and for the State of _________ 18 SELLER: DENNIS ELZNER ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Dennis Elzner. _______________________________________ Notary Public in and for the State of _________ 19 SELLER: STEPHEN JAMES ELZNER ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Stephen James Elzner. _______________________________________ Notary Public in and for the State of _________ 20 SELLER: SANDRA GALLOPS ___________________________________ THE STATE OF FLORIDA § COUNTY OF § This instrument was acknowledged before me on __________________________________, 2020 by Sandra Gallops. _______________________________________ Notary Public in and for the State of _________ 21 SELLER: DEBBIE KUCERA ___________________________________ THE STATE OF TEXAS § COUNTY OF TRAVIS § This instrument was acknowledged before me on __________________________________, 2020 by Debbie Kucera. _______________________________________ Notary Public in and for the State of _________ 22 SELLER: ANDY SIMCIK ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Andy Simcik. _______________________________________ Notary Public in and for the State of _________ 23 SELLER: MARY ELZNER BOYD ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Mary Elzner Boyd. _______________________________________ Notary Public in and for the State of _________ 24 SELLER: MATTHEW SIMCIK ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Matthew Simcik. _______________________________________ Notary Public in and for the State of _________ 25 SELLER: DEANNA HOWARD ___________________________________ THE STATE OF CALIFORNIA § COUNTY OF § This instrument was acknowledged before me on __________________________________, 2020 by Deanna Howard. _______________________________________ Notary Public in and for the State of _________ 26 SELLER: REBECCA J. ELZNER ___________________________________ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Rebecca J. Elzner. _______________________________________ Notary Public in and for the State of _________ 27 BUYER: CITY OF CORPUS CHRISTI, TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 ____________________________________________ Michael Rodriguez THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on __________________________________, 2020 by Michael Rodriguez as Chief of Staff for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. _____________________________________ Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS _________ DAY OF ____________________, 2020. FOR THE CITY ATTORNEY By: _________________________________________ Janet Whitehead, Assistant City Attorney CITY LEGAL DEPARTMENT AGENDA MEMORANDUM Action Item for the City Council Meeting of August 18, 2020 ______________________________________________________________________ DATE: August 11, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 CAPTION: Resolution to consider a proposed future property tax rate of $0.646264 per one hundred dollars valuation for the upcoming 2020-2021 fiscal year at the public hearing scheduled for September 8, 2020 with final approval on the property tax rate of $0.646264 set to occur on September 15, 2020 SUMMARY: Sec 26.06 of the Tax Code requires the names of all members of the governing body, showing how each voted on the proposal to consider the tax rate or, if one or more were absent, indicating the absences. This agenda item is needed for the City to be in compliance with the “truth-in-taxation” requirements regarding the Tax Code, as the City’s Fiscal Year (FY) 2020-2021 proposed property tax rate exceeds the lower of the no-new-revenue tax rate or the voter-approval tax rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the no-new-revenue tax rate or the voter- approval tax rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future me eting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule one public hearing on the proposal. Vote to Consider the Proposed FY2020-2021 Property Tax Rate The Nueces County Tax Office provided the City with the no-new-revenue and the voter-approval tax rates during the first week of August. The rates are as follows:  No-New-Revenue Tax Rate - $0.632600 per $100/valuation  Voter-Approval Tax Rate - $0.654723 per $100/valuation Since the proposed FY 2020-2021 tax rate of $0.646264 per $100 valuation exceeds the lower of the no-new-revenue tax rate or the voter-approval tax rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. One public hearing must also be held. We are planning on holding the public hearing for the FY 2020-2021 budget and proposed tax rate on September 8, 2020, as well as the first reading of the ordinance for adoption of the FY 2020-2021 budget and the first reading of the ordinance for adoption of the FY 2020-2021 property tax rate. The vote for the final adoption of the budget and tax rate is scheduled to be held on September 15, 2020. Additionally, in compliance with the “truth-in-taxation” guidelines, the proposed property tax rate, the no-new-revenue tax rate, and the voter-approval tax rate must be published at least seven (7) days before the public hearing. We are planning on publishing in the Corpus Christi Caller-Times on August 23, 2020. The last step in the “truth-in-taxation process” will be the approval of the tax levy in October once the property tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: N/A FISCAL IMPACT: FY 2020-2021 property tax revenue is projected to be $136,393,977. Of this amount, $87,373,425 is for the General Fund or (M&O); $49,020,552 is for the Debt Service Fund or (I&S). Of the $87,373,425 recorded in the General Fund, $8,188,585 will be transferred to the Residential Streets Fund as per the City Charter. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the resolution to consider a FY 2020-2021 property tax rate of $0.646264 per $100/valuation at a public hearing on September 8, 2020, and City Council final approval on September 15, 2020.. LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution to consider a proposed future property tax rate of $0.646264 per one hundred dollars valuation for the upcoming 2020-2021 fiscal year at the public hearing scheduled for September 8, 2020, with final approval on the property tax rate of $0.646264 set to occur on September 15, 2020 WHEREAS, on July 28, 2020, the City Manager delivered the proposed operating and capital budget for fiscal year (FY) 2020-2021 to the City Council and City Secretary; WHEREAS, on July 28, 2020, by passage of Resolution No. 032173, the City Council took action to: set the public hearing and first reading of the ordinance for the adoption of the City of Corpus Christi's FY 2020-2021 budget for September 8, 2020; set the public hearing and first reading of the ordinance for the adoption of the FY 2020 -2021 property tax rate for September 8, 2020; and set the date for the final action on the adoption of both the FY2020-2021 budget and property tax rate for September 15, 2020; WHEREAS, on August 7, 2020, the tax rate worksheets for FY 2020-2021 were completed, certified, and submitted to the City Council; WHEREAS, the tax rate proposed for FY 2020-2021 is greater than the no-new- revenue tax rate, which will mean an increase in property taxes for the 2020 tax year and require a public hearing; WHEREAS, State law [Texas Tax Code Section 26.06 (b-2)] mandates the wording for the public hearing notice regarding the tax rate; WHEREAS, the mandatory public hearing notice requires a statement of the “[n]ames of all members of the governing body, showing how each voted on the proposal to consider the tax increase, or if one or more were absent, indicating the absences.” Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Council has considered the possible adoption of a proposed future tax rate of $0.646264 per one hundred dollars valuation for the City of Corpus Christi’s upcoming FY 2020-2021 budget, which proposed tax rate being greater than the no-new revenue tax rate will mean an increase in property taxes for the 2020 tax year. The proposed tax rate will be considered at the public hearing scheduled for September 8, 2020. No final action will be taken by the City Council regarding adoption of the proposed future tax rate until September 15, 2020, at the earliest, and not later than allowed by State law. PASSED AND APPROVED on the ______ day of _________________, 2020: Joe McComb Page 2 of 2 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 da DATE: July 24, 2020 TO: Peter Zanoni, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Ordinance approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and the United Service Organization of South Texas (“USO”) in the amount of $250,000 for the creation and retention of jobs and improvements to the facility leased to the USO by the United States Navy, effective upon signature of the City Manager or designee; appropriating funds in the amount of $250,000 from the Type B Economic Development Fund; and amending the budget. PURPOSE: The company is requesting a grant in the amount of $250,000 for renovations of their building and expanding their services. BACKGROUND AND FINDINGS: The USO of South Texas provides services to the military and their families stationed at Naval Air Station (NAS) Corpus Christi, NAS Kingsville, the Coast Guard, and foreign military officers in training. Their current building is in need of repair and renovations. The Navy does not have funds available, but they have allowed the USO to gather the funds needed to do the renovations. The USO has received donations from HEB, the Port of Corpus Christi, the Pat McNeil Foundation, and an Anonymous Foundation. The total cost of the renovations will be $1,000,000. The USO plans on retaining two full-time and three part-time employees and will create another part-time position after the renovations. Renovations to the USO spaces in Building 3 will increase the square footage from 2,585 to nearly 7,000. The project will include the renovation of both up and downstairs areas. When completed the new spaces will have 5 each new unisex restrooms, nursing mothers room, 12 person conference room, 30 seat state of art theater which can double as a briefing room for Foreign Dignitaries visiting the Chief of Naval Training, Congressional Delegation or any other VIPs visiting Naval Air Station Corpus. In addition, there will be a game room, children and youth rooms, student pilot library and study, USO Admin offices, expanded food pantry, baby supplies, washer and dryer area, computer lab, reception area, social area and modern kitchen and dining area. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 18, 2020 Second Reading Ordinance for the City Council Meeting of August 25, 2020 $250,000 Type B Economic Development Grant for the United Services Organization (USO) in the amount of $250,000 for facility improvements The new kitchen will greatly enhance the ability to provide weekly meals to around 225 personnel located on station while supporting Naval Air Station Kingsville and the Coast Guard at CCIA with weekly meals as well. When finished, the kitchen can serve as a test/demonstration facility for student pilot families and young unwed military personnel. The expansion of the food pantry and baby supplies area will better support personnel who need supplies or in times of government shutdown. Additionally, the fire protection system for the building will be updated to meet life, health and safety codes to protect fulltime employees, volunteers and personnel. The infrastructure improvements for the USO building promote or develop new and expanding enterprises for the military within the area. This goes a long way in support of the military in our region. The base generates over $2 billion in economic impact in our city and a BRAC committee would view this support very favorably. The grant to help fund the renovations goes a long way to show our support of the military. ALTERNATIVES: The City Council may choose to not approve funding or fund a lesser amount. FISCAL IMPACT: This item will use $250,000 of Type B funds. Funding Detail: Fund: 1145 Organization/Activity: 15020 Mission Element: Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends approval of a grant of up to $250,000 to the USO of South Texas for renovations to their building at NAS Corpus Christi. The Board of Directors of the EDC voted unanimously to recommend approval of this grant at their June meeting and the Type B Corporation Board approved this grant at their July meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Page 1 of 2 Ordinance approving a five-year Business Incentive Agreement between the Corpus Christi B Corporation and the United Service Organization of South Texas (“USO”) in the amount of $250,000 for the creation and retention of jobs and improvements to the facility leased to the USO by the United States Navy, effective upon signature of the City Manager or designee; appropriating funds in the amount of $250,000 from the Type B Economic Development Fund; and amending the budget. Whereas, the Corpus Christi B Corporation (“Type B Corporation”) has budgeted funds to assist in the creation and retention of jobs in the City of Corpus Christi, Texas ("City"); Whereas, the USO provides important, quality services to military members and families in the City at the local military base, which is a large, primary employer within the City; Whereas, the USO facility is in need of improvements that will allow the USO to continue current services and expand services to the local military families, which, in addition to the creation and retention of USO jobs, assists in the retention of jobs at the local military base; Whereas, the Type B Corporation has requested applications that will aid in the creation or retention of jobs in the City, and determined that the application from the USO for creation and retention of jobs and improvements to the USO facility will best satisfy this goal; Whereas, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement with the USO for creation and retention of jobs and improvements to the USO facility; Whereas, the Board of the Directors of the Type B Corporation (the “Board”) approved an agreement with the USO for an incentive of up to $250,000 at its meeting on July 20, 2020. Now , therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type B Corporation and the USO for creation and retention of jobs and improvements to the facility leased to the USO by the United States Navy is approved. SECTION 2. That funds in the amount of $250,000 are appropriated from the unreserved fund balance in the No. 1145 Type B Fund for a business incentive grant from the Type B Corporation to the USO for creation and retention of jobs and improvements to the facility leased to the USO by the United States Navy. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating Fund, is amended to increase proposed expenditures in the No. 1145 Type B Fund by $250,000. Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor 1 Type B Business Incentive Agreement USO BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND UNITED SERVICE ORGANIZATION (“USO”) OF SOUTH TEXAS FOR CREATION AND RETENTION OF JOBS AND FOR IMPROVEMENTS TO PROPERTY LEASED TO USO BY US NAVY This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs (“Agreement”) is entered into between the Corpus Christi B Corporation (“Corporation”) and United Service Organization of South Texas ("Company"), a Texas corporation. WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code (Development Corporation Act of 1979) (the “Act”) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and co llector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS, the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Company proposes to renovate a building onboard Naval Air Station Corpus Christi leased to USO to provide more and expanded services to active duty military members and their families and has requested funds to be used for the renovations as further detailed in their application for Type B funds which is attached and incorporated herein (the “Project”); 2 Type B Business Incentive Agreement USO WHEREAS, Company proposes to invest approximately $1.0 million over a five-year period; WHEREAS, on August 17, 2020, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Company, through this Agreement with Company, to be used by Company to develop the Project In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Company agree as follows: 1. Effective Date. The effective date of this Agreement (“Effective Date”) is the latest date that either party executes this Agreement, or the date this Agreement has been finally approved by the City’s City Council. Company understands that this Agreement is dependent upon the approval of City Council. 2. Term. The term of this Agreement is for five years be ginning on the Effective Date. 3. Performance Requirements. a. Company agrees to use the $250,000 described below to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the Project. b. Company agrees to complete the construction of the Project in accordance with its application and all City building codes and policies within one year after the Effective Date. c. Company agrees to provide the Corporation with a sworn certificate by an authorized representative of the Company, certifying the amount used for infrastructure improvements. d. Company will provide the Corporation with a detailed list of infrastructure expenditures each year within 30 days of the anniversary of the Effective Date until construction is complete. e. During the term of this Agreement, the Project will retain 2 full-time and three part-time jobs and create at least one new full-time equivalent position in the City of Corpus Christi within the term of this agreement. f. During the term of this Agreement, Company will invest at least $1,000,000 in the Project. 3 Type B Business Incentive Agreement USO 4. Grant Award. a. The Corporation will grant Company the amount of $250,000, to be paid to Company so long as all of the terms and conditions of the Agreement are met prior to the Agreement’s expiration or earlier termination. b. The grant ($250,000) will be paid to the Company within 60 days after Company provides evidence of completion such as when the architect or engineer supervising construction issues a certificate of completion. Prior to payment, Company must submit certification that there are no mechanic’s, contractor’s or materialman’s liens against the property and provide documentation establishing that all other performance requirements, including the creation of jobs, have been met. If Company does not provide the required documentation prior to the end of the Term, this Agreement shall expire, and Company shall not be entitled to the grant funds. 5. Utilization of Local Contractors and Suppliers. Company agrees to exercise reasonable efforts in utilizing local contractors and suppliers, when available, in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term “local” as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Company to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, fr om which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises (“DBE”). Company agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be DBEs, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises when available, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business . In order to qualify as a business enterprise under this provision, the firm must be ce rtified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Company agrees to a goal of 30% of the total dollar amount of all 4 Type B Business Incentive Agreement USO construction contracts and supply agreements being paid to DBEs, with a priority made for DBEs which are local. Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Company to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement, shall be a default hereunder. For the purposes of this section, the term “local” as used to describe contractors and suppliers that are determined to be DBEs, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a “living wage” for the employee. The target living wage under this Agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. The health insurance program must comply with all applicable laws. 9. Warranties. Company warrants and represents to Corporation the following: a. Company is a limited partnership duly organized, validly existing, and in good standing under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Company has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Company has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Company has received a copy of the Act and acknowledges that the funds granted under this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. 5 Type B Business Incentive Agreement USO e. The person executing this Agreement on behalf of Company is duly authorized to execute this Agreement on behalf of Company. f. Company does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Company has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Company shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non-Discrimination. Company covenants and agrees that Company will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Project, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Company are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Company are temporarily suspended during continuation of the force majeure. If either party’s obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Company may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Such approval will not be unreasonably denied. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 14. Indemnity. Company covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (“Indemnitees”) against all liability, damage, 6 Type B Business Incentive Agreement USO loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers’ compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Company’s activities conducted under or incidental to this Agreement, except to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of the Indemnitees. Company must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Company. The following events constitute a default of this Agreement by Company: a. The Corporation or City determines that any representation or warranty on behalf of Company contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Company or any attachment or other levy against the property of Company with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Company makes an assignment for the benefit of creditors. d. Company files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Company become delinquent, and Company fails to timely and properly follow the legal procedures for protest or contest. f. Company changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Company fails to comply with one or more terms of this Agreement. 7 Type B Business Incentive Agreement USO 16. Notice of Default. Should the Corporation or City determine that Company is in default according to the terms of this Agreement, the Corporation or City shall notify Company in writing of the event of default and provide 60 days from the date of the notice (“Cure Period”) for Company to cure the event of default. 17. Results of Uncured Default by Company. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Company, as determined by the Board of Directors of the Corporation, the following actions may be taken for any default that remains uncured after the Cure Period. a. Company shall immediately repay all funds paid by Corporation to it under this Agreement. b. Company shall pay Corporation’s reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Company of all sums due, the Corporation and Company shall have no further obligations to one another under this Agreement. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Company’s default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Company is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation 8 Type B Business Incentive Agreement USO may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Company specifically agrees that Corporation shall only be liable to Company for the actual amount of the money grants to be conveyed to Company, and shall not be liable to Company for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as c ompared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Paym ents to be made shall also require a written request from Company to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year’s funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Company: USO of South Texas Attn; Executive Director 320 5th Street Corpus Christi, Texas 78419 9 Type B Business Incentive Agreement USO Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Company will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or 10 Type B Business Incentive Agreement USO unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Project concurrence by property owner. The Company has provided a copy of the lease which covers the term of this Agreement. By signature below, the property owner (Navy) concurs to the Project as proposed by this Agreement. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Company. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14 shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) 11 Type B Business Incentive Agreement USO Corpus Christi B Corporation By: _______________________________ Scott Harris President Date: ______________________________ Attest: By: ______________________________ Rebecca Huerta Assistant Secretary USO of South Texas By: ______________________________ Sarah Banta Executive Director Date: ______________________________ THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ___________________, 2020, by Sarah Banta, Executive Director of USO of South Texas, a Texas corporation, on behalf of the corporation. _____________________________ Notary Public State of Texas Concur: Property Owner NAS Corpus Christi By: ____________________________ Date: __________________________ DATE: July 30, 2020 TO: Peter Zanoni, City Manager FROM: Iain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Iain Vasey President/CEO CCREDC BACKGROUND: The Corpus Christi Regional Economic Development Corporation (CCREDC) provides quarterly updates to City Council on the economic status of the Corpus Christi economy. In accordance with this practice, the CCREDC will update the City Council on its activities and the status of the local economy. This presentation covers the second calendar quarter of 2020 (April-June). The last presentation was on May 12, 2020 and covered the first calendar quarter of 2020 (January – March). The Metropolitan Statistical Area (MSA) economy is doing good. We have lost 12,800 jobs since March 31st and 13,400 jobs since this time last year. We have seen the unemployment rate come down from a high of 15.7% in April down to 10.1% in June. The CCREDC is working on 21 major projects that are valued at $21.1 billion in capital investment which could possibly create 2,870 quality, primary jobs. The CCREDC is looking for other industries to attract to our region. We have begun a “targeted industry” survey to look at industries that we can target, as well as looking at re-shoring opportunities. The CCREDC is coordinating with partners to push a “sense of place” initiative. LIST OF SUPPORTING DOCUMENTS: Presentation - CCREDC PowerPoint (August 2020) Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (April – June 2020) AGENDA MEMORANDUM City Council Meeting of August 18, 2020 Iain Vasey CEcD President/CEO City Council Quarterly Report August 2020 Employment by Sector for Corpus Christi MSA Industry Monthly Change Yearly Change Jun. 2020 May 2020 Jun. 2019 Jun. 2018 Jun. 2017 Jun. 2016 Total Nonfarm 7,500 -13,400 181,200 173,700 194,600 194,900 195,000 193,300 Mining, Logging, and Construction -200 -3,900 20,000 20,200 23,900 25,500 26,800 24,800 Manufacturing 200 0 8,400 8,200 8,400 8,300 8,200 8,800 Trade, Transportation, and Utilities 600 100 33,000 32,400 32,900 33,500 33,500 34,100 Information 0 -100 1,500 1,500 1,600 1,600 1,800 1,900 Financial Activities 200 -100 8,400 8,200 8,500 8,300 7,900 7,700 Professional and Business Services 100 -2000 17,200 17,100 19,200 18,200 16,500 16,700 Education and Health Services 100 -1400 30,800 30,700 32,200 32,100 31,700 30,600 Leisure and Hospitality 6300 -5400 21,900 15,600 27,300 26,800 27,400 27,300 Other Services 300 -700 5,700 5,400 6,400 6,400 6,800 7,100 Government 0 200 34,400 34,400 34,200 34,200 34,400 34,300 •CCREDC continues to operate at full capacity, working with a mixture of in- office and remote working scenarios from the staff. Due to the recent spike in COVID-19 infections, we will continue to follow State/County/City guidelines and will be hosting Board of Directors and Investor meetings online until advised otherwise. •The fourth round of Business Conditions Survey was conducted earlier this month in order to capture an accurate business scenario of the most recent increase in local infections and the impact of the economy. Results will follow. CCREDC Covid-19 Response •Our online July Senior Executive Breakfast hosted 63 investors, and the mood was generally positive, even as companies are closely watching the recent health scenarios unfold. •On July 22, we hosted an online seminar with Dr. Megan Crawford, a visiting professor at TAMU-CC and professor at Edinburgh University in Scotland. She is a noted Behavioral Economist who has studied the quantitative data of potential economic outcomes for the changing post- COVID world economy and tied these impacts back to Texas. •The Newmark Knight Frank Targeted Industry Study has begun data collection along with comparison analysis to new peer cities outside the US Gulf Coast to measure how the Corpus Christi Region compares. Roundtables, private interviews, and a community tour are slated for mid-late August -September with virtual and in-person meetings with Newmark staff including the project lead Kim Moore (who is from Kingsville and went to Calallen High School). Ms. Moore recently presented the program outline to the CCREDC investors group. CCREDC Covid-19 Response •Roundtables will include one with the CCREDC Board and another with area leaders on key business sectors, technology, workforce, infrastructure, higher ED, K-12, quality of life, housing supply, retaining young professionals, and diversity. The study will look at attracting more technology, professional jobs (i.e., drones, IT, back office) and how to position the region for any potential reshoring or near shoring (Mexico) manufacturing post-COVID. •The LiftFund program that CCREDC helped facilitate, has so far loaned almost $3M to assist approximately 150 small businesses, with an average loan size of $19,719. The third tranche of money from the City ($500,000) is projected to help an additional 22 local companies that have (or are close to) completed loan documents. The loans should be funded in the next two weeks. The feedback on the City/Port LiftFund program has been overwhelmingly positive and reflects that this is a successful assistance program. CCREDC Covid-19 Response CCREDC has also been involved in the technical and application guidelines for the Small Business Regional Pandemic Grants, which will be administered by the United Chamber. This will create $500 credit to utility bills for City of Corpus Christi customer companies. It will also utilize $250,000 in cash appropriated by the Port of Corpus Christi to give small businesses $500 in cash in Corpus Christi, and across Nueces and San Patricio counties. Data on the SBA’s Paycheck Protection Program has shown that $196 million in loans (which are forgivable if conditions are met) have been issued to 5,424 companies in the Coastal Bend, at an average of $36,153. CCREDC remains in a healthy financial condition, and our cautious approach to spending and budgeting is continuing. CCREDC Covid-19 Response On August 7th CCREDC hosted a webinar on the USMCA Panel Discussion with Texas Secretary of State Ruth Hughs on trade with General Counsel of Mexico and Canada. There are 19 active attraction projects for a total of 2,800 jobs and $21.09B CapEx. Business Retention & Business Attraction Thank you! Iain Vasey CEcD President/CEO Questions?