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HomeMy WebLinkAboutAgenda Packet City Council - 01/26/2021City of Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 26, 2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Reverend Paul Hesse, St. Pius X Catholic Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Anna Kretsinger. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City of Corpus Christi Page 1 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 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 G. MINUTES: 1. 21-0027 Regular Meeting of January 12, 2021 and Two Special City Council Meetings of January 12, 2021 H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. BRIEFINGS: (ITEM 2) 2. 21-0110 North Beach Canal Project Report by Lockwood, Andrews, and Newman Inc on Phase I services which include a determination of the project scope and limits and whether or not the canal will function as a major drainage facility and be navigable. K. CONSENT AGENDA: (ITEMS 3 - 16) City of Corpus Christi Page 2 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 Consent - Second Reading Ordinances 3. 20-1442 Ordinance authorizing acceptance of a grant in an amount of $104,013.20 from the State of Texas, Criminal Justice Division for Victims of Crime Community Outreach Program with a cash match of $5,265.79 and in-kind match of $23,360.00; appropriating $104,013.20 in the Police Grants Fund; authorizing two Full Time Employee positions; and authorizing a transfer of $5,265.79 from the General Fund to the Police Grants Fund. Sponsors: Police Department 4. 20-1441 Ordinance authorizing the acceptance of five grants totaling $332,809.19 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00; and appropriating $332,809.19 in the FY 2021 Fire Grants Fund. Sponsors: Fire Department 5. 21-0005 Ordinance authorizing acceptance of a $2,500 donation from ExxonMobil Pipeline Company to support the Corpus Christi Fire Department's emergency response capabilities: and appropriating $2,500 into the Fire Grants Fund. Sponsors: Fire Department 6. 21-0003 Ordinance authorizing the resale, by Nueces County as the City's trustee, of 16 properties, which were foreclosed upon for failure to pay ad valorem taxes, for the total price of $89,225.00. The City accepts total proceeds of $29,379.07 from the sale of which $7,988.22 is allocated to the settlement of past due ad valorem taxes and $21,390.85 is allocated to the settlement of amounts due for City paving and demolition liens. Sponsors: Finance & Business Analysis Consent - Contracts and Procurement 7. 21-0067 Motion authorizing a three-year service agreement with Cellco Partnership dba Verizon Wireless in an amount not to exceed $1,242,409.32 for cellular phones and phone services, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $414,136.39 available in various funds. Sponsors: Information Technology Services and Contracts and Procurement 8. 20-1454 Resolution authorizing a three-year service agreement in an amount not to exceed $113,274.00, with William Charlton dba Lawn in Order of Corpus Christi, Texas for Mowing and Landscape Maintenance for Downtown Group 3, with FY 2021 funding in an amount of $25,172.00 funded in the General Fund. City of Corpus Christi Page 3 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 Sponsors: Parks and Recreation Department and Contracts and Procurement 9. 20-1456 Resolution authorizing a two-year service agreement in an amount not to exceed $134,400.00 with Manning Lawn Care and Landscaping, LLC of Corpus Christi, Texas, for Mowing and Grounds Maintenance for Downtown Group 2, with FY 2021 funding in an amount of $44,800.00 funded in the Visitor Facility Fund. Sponsors: Parks and Recreation Department and Contracts and Procurement 10. 20-1131 Motion authorizing a three-year supply agreement with Lubrication Specialist, Inc. of Houston, Texas in an amount not to exceed $450,000.00, for the purchase of additives such as transmission fluid, power steering fluid, and diesel system fluids for fleet vehicles, with FY 2021 funding in an amount not to exceed $150,000.00 available in the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Contracts and Procurement General Consent Items 11. 21-0111 Motion appointing Mayor Paulette M. Guajardo and Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Billy A. Lerma, John Martinez, Ben Molina, Mike Pusley and Greg Smith as the Board of Directors of the Corpus Christi Housing Finance Corporation. Sponsors: City Secretary's Office 12. 21-0050 Resolution authorizing the submission of a grant application for $49,846.33 to the State of Texas under the Violence Against Women Act with a City cash match of $14,402.72 and $6,960.00 in-kind services. Sponsors: Police Department 13. 21-0049 Resolution authorizing the submission of a grant application for $98,964.86 to the State of Texas under the Victims of Crime Act with a City cash match of $3,300.00 and $21,500.00 in-kind services to support two full time employees. Sponsors: Police Department 14. 21-0051 Resolution authorizing the submission of a grant application for $129,212.45 to the State of Texas under the Victims of Crime Act with a city cash match of $28,000.00 and $4,320.00 in-kind services to support three full time employees. Sponsors: Police Department 15. 20-1338 Resolution authorizing a one-year Interlocal Agreement with Texas A&M University -Corpus Christi for environmental monitoring for salinity levels in the Nueces Bay system, rain gauges in Corpus Christi, and Oso Creek water levels, for a total amount not to exceed $ 164,012, with two one-year extension options at 3% increase per year, with a total potential multi-year not to exceed amount of $506,944. City of Corpus Christi Page 4 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 Sponsors: Utilities Department 16. 21-0058 Motion authorizing the City Manager or designee to submit and amend, as necessary, Passenger Facility Charge (PFC) Application No.3 to the Federal Aviation Administration to allow for reimbursement of $8,025,062 in airport operating funds used to match runway extension and taxiway project grant monies, to affirm all assurances and understandings required in PFC Application No. 3, and to take any actions required in connection with the application. Sponsors: Aviation Department L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 17 - 19) 17. 20-1216 Zoning Case No. 0720-02, MVR Construction Company (District 4). Ordinance rezoning property at or near 10001 Compton Road from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District. Planning Commission and Staff recommend Approval. (3/4 vote required due to public opposition.) Sponsors: Development Services 18. 20-1223 Zoning Case No. 0820-03, Owen A. Norton (District 4). Ordinance rezoning property at or near 2926 Laguna Shores Road from the "RM -1" Multifamily 1 District to the "RV" Recreational Vehicle Park District. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 19. 21-0061 Zoning Case No. 1120-01, Mary Hutchins Triestman Partnership (District 1). Ordinance rezoning property at or near 1902 Rand Morgan from the "FR" Farm Rural District and "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District and "RS-4.5/PUD" Single -Family District and a Planned Unit Development. (Planning Commission and Staff recommend Approval) Sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 23) 20. 20-0278 Motion awarding a professional services contract to Lockwood, Andrews & Newman, Inc., Corpus Christi, Texas, for the La Volla Creek Drainage Improvements, located in Council District 3, in an amount of $2,376,995.00, with FY 2021 funding available from the Stormwater Capital Improvement Program Fund. Sponsors: Engineering Services and Contracts and Procurement 21. 21-0004 Motion awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, TX, for the reconstruction of the Six Points Intersection to include 10th street from Ayers Street to Staples Street and City of Corpus Christi Page 5 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 the rehabilitation of Ayers Street from 10th Street to Six Points Intersection and Staples Street from 10th Street to Six Points Intersection, located in Council District 2, with new asphalt pavement and utility improvements in an amount of $3,189,239.00, with FY 2021 funding available from the Streets Bond 2016, Storm Water, Wastewater, and Water Funds. Sponsors: Engineering Services, Public Works/Street Department and Contracts and Procurement 22. 21-0022 Motion authorizing execution of a three-year service agreement, with three, three-year renewals, with BFI Waste Services of Texas, L.P., doing business as Republic Services of Corpus Christi, for the processing, marketing, and sale of recyclable commodities for an approximate initial term amount of up to $3,100,000.00, to be effective February 1, 2021. Sponsors: Solid Waste Operations 23. 21-0107 Ordinance amending Ordinance No. 032311 to increase the appropriation of Type B funding for the Cole Park Pier to $5,000,000.00 from the unreserved fund balance of the Type B Sales Tax Fund and decrease the appropriation from the unreserved fund balance of the General Fund by $349,427.00; transferring funds in the amount of $7,777,670.00 to the Park CIP Fund; and amending the budget. Sponsors: Finance & Business Analysis O. FIRST READING ORDINANCES: (ITEMS 24 - 29) 24. 21-0101 Ordinance accepting a grant in the amount of $206,787.00 from the State of Texas Governor's Homeland Security Grants Division for Operation Stonegarden to assist in border patrol operations; and appropriating $206,787.00 in the Police Grants Fund. Sponsors: Police Department 25. 21-0012 Ordinance accepting a grant in an amount of $102,248.61 from the Texas Office of the Governor, Criminal Justice Division for Coronavirus Emergency Supplemental Funding Program with no City match; and appropriating $70,000.00 in the Municipal Court Grant Fund, $16,124.31 in the Fire Department Grants Fund, and $16,124.30 in the Police Grants Fund. Sponsors: Municipal Court Administration 26. 20-1337 Ordinance amending City Code Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, to comply with requirements of the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality Pretreatment Program for Industrial User Discharges to the Wastewater System by adding required definitions for best management practices, daily and monthly limits, process wastewater; amending sampling collection requirements, and providing for compliance City of Corpus Christi Page 6 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 orders; and providing for civil penalties up to $1,000 per day and criminal penalties up to $2,000 per day for violations of the ordinance. Sponsors: Water Utilities Department 27. 21-0008 Ordinance authorizing the acceptance of the Gulf of Mexico Energy Security Act ("GOMESA") grant funding from the Texas General Land Office - Coastal Management Program in an amount of $253,307.00 for the acquisition of property adjacent to Laguna Madre and in the Redhead Pond area, for stormwater re-route associated with the Bond 2018 Laguna Shores street reconstruction projects, located in Council District 4, and appropriating an amount of $253,307.00 in the Community Development Grant Fund. Sponsors: Engineering Services 28. 21-0066 Ordinance amending the Code of Ordinances, Chapter 53: One Way Streets and Alleys that will change 10th Street, between Ayers Street and Staples Street, from a two-way traffic flow to a one-way traffic flow. Sponsors: Engineering Services and Public Works/Street Department 29. 21-0127 Ordinance declaring City owned land on Oso Creek at Starry Circle as surplus property; authorizing its sale or exchange to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. Sponsors: Planning & Environmental Services P. EXECUTIVE SESSION: (ITEMS 30 - 32) 30. 21-0152 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights within the City for potential COVID vaccination sites, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property rights (including, but not limited to, property rights at or in the vicinity of the aforementioned potential sites) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to owners of the potential COVID vaccination sites. 31. 21-0113 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential annexation of areas at or near the intersection of FM 43 and London Pirate road (formerly County Road 33) and the potential creation of special districts covering all or part of said areas, including tax increment financing district(s), tax increment reinvestment zone(s), municipal management district(s), public improvement district(s), and municipal utility district(s) and City of Corpus Christi Page 7 Printed on 1/25/2021 City Council Meeting Agenda - Final -revised January 26, 2021 pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including but not limited to, The London Proper, LLC. 32. 21-0147 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 legislation being sought or considered in the current Texas Legislative session that could affect the City, the City's contractual, regulatory, and/or taxation relationships, powers, and rights vis-a-vis other governmental bodies, and the City's purchase, transmission, sale, and treatment of water, sewer, and other services. Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. ADJOURNMENT City of Corpus Christi Page 8 Printed on 1/25/2021 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 12, 2021 9:30 AM Council Chambers SPECIAL CITY COUNCIL MEETING PUBLIC NOTICE: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference can or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. This meeting may be held via videoconference can pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 9:32 a.m. Present: 6 - Council Member Roland Barrera,Mayor Paulette M. Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina, and Council Member Greg Smith B. Outgoing Mayor and Council Member Speeches with Presentation of Gifts Mayor McComb and Council Member Everett Roy thanked their family, friends, colleagues and supporters for their support during their service to the community. City Manager Peter Zanoni and City Secretary Rebecca Huerta presented City of Corpus Christi Page 1 Printed on 1/19/2021 City Council Meeting Minutes January 12, 2021 C. ADJOURNMENT Mayor McComb and Council Member Roy with a farewell gift. Council Members thanked Mayor McComb and Council Member Roy for their dedicated service to the community. This meeting was adjourned at 9:56 a.m. City of Corpus Christi Page 2 Printed on 1/19/2021 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 12, 2021 10:00 AM Council Chambers SPECIAL CITY COUNCIL MEETING Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. City Secretary Rebecca Huerta to call the meeting to order. City Secretary Rebecca Huerta called the meeting to order at 10:12 a.m. 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. Present: 9 - Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith B. Invocation to be given by The Most Reverend William Michael Mulvey, STL, DD, Bishop of Corpus Christi. The Most Reverend William Michael Mulvey, STL, DD, Bishop of Corpus Christi gave the invocation. C. Swearing-in Ceremony for New Mayor and City Council Members to be conducted by The Honorable Bobby Galvan, District Judge, 94th District Court, State of Texas. The Honorable Bobby Galvan Presiding Judge, 94th District Court of Nueces City of Corpus Christi Page 1 Printed on 1/19/2021 City Council Meeting Minutes January 12, 2021 County, Texas, conducted the swearing-in ceremony for new Mayor Paulette M. Guajardo and City Council Members Michael Hunter, John Martinez, Mike Pusley, Billy Lerma, Ben Molina, Roland Barrera, Greg Smith and Gil Hernandez. D. Incoming Mayor and Council Member Speeches E. ADJOURNMENT Mayor Guajardo and Council Members thanked their family, friends, and supporters for their assistance and support during the election process and thanked City staff for their work. City Secretary Rebecca Huerta invited the public to a reception in the City Council Foyer area outside City Council Chambers. The meeting was adjourned at 11:00 a.m. City of Corpus Christi Page 2 Printed on 1/19/2021 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 12, 2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:34 a.m. B. Invocation to be given by The Most Reverend Edmond Carmody, DD, Bishop Emeritus of Corpus Christi. The Most Reverend Edmond Carmody, DD, Bishop Emeritus of Corpus Christi gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jude Victor Guajardo. Jude Victor Guajardo 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. 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 of Corpus Christi Page 1 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 City Secretary Rebecca L. Huerta. Note: Council Members Roland Barrera and Michael Hunter participated by video conference. Present: 9 - Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith 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. Mayor Guajardo referred to comments from the public. The following citizen called in opposition to desalination which is attached to the Minutes: James Klein, 3501 Monterrey St. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) The success of the first Mega COVID-19 Vaccination Drive-Thru Clinic. 2) Martin Luther King, Jr. march will not be held this year, but an MLK Day of Service event will be held via Zoom at noon on January 18th. 2) Recognition of Fire Chief Robert Rocha and Police Chief Mike Markle for their diverse hiring practices. a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS AND VACCINE DISTRIBUTION City of Corpus Christi Page 2 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 Director of Public Health District Annette Rodriguez presented the following update on COVID-19: current COVID-19 statistics; December COVID weekly deaths; seasonal flu cases comparing 2019 to 2020; Mega COVID-19 vaccine clinic update; COVID-19 vaccines administered in Mega COVID-19 vaccine drive-thru; Texas COVID-19 Nueces County rollout; Texas COVID-19 rollout; current COVID-19 vaccines in Nueces County; weekly COVID-19 vaccines received; COVID-19 severe allergic reaction; and B.1.1.7 coronavirus variant in Nueces County. Council Members, City Manager Peter Zanoni, Fire Chief Robert Rocha and Director Rodriguez discussed the following topics: a Council Member's concern that the information to the public regarding the vaccination distribution was inaccurate; Council Members thanked Director Rodriguez and the health care workers for their work at the vaccine drive thru; no vials were lost during the drive thru vaccinations; other drive thru locations are still being determined; the plan for the homebound is for the Corpus Christi Fire Department to administer the vaccinations; about 67% of first responders have received the vaccination; in response to allergic reactions, the list of ingredients in the vaccine are listed on the City's website, as well as being given to each individual receiving the vaccination; and the state restricts the 4,000 doses to be used only at the location that the City chooses. G. MINUTES: 1. Regular Meeting of December 8, 2020 and Special Meeting of December 22, 2020 A motion was made by Council Member Molina, seconded by Council Member Smith that the Minutes be approved. The motion carried by a unanimous vote. H SPECIAL APPOINTMENTS: 2. Selection of Mayor Pro Tem Mayor Guajardo referred to appointment of Mayor Pro Tems. Mayor Guajardo recommended the following Mayor Pro Tem service schedule: Roland Barrera (District 3) 1/12/21 — 4/05/21 Gil Hernandez (District 5) 4/06/21 — 6/28/21 Michael Hunter (At -Large) 6/29/21— 9/30/21 Billy Lerma (District 1) 10/01/21 — 12/13/21 John Martinez (At -Large) 12/14/21 — 3/07/22 Ben Molina (District 2) 3/08/22 — 5/30/22 Mike Pusley (At -Large) 5/31/22 — 8/22/22 Greg Smith (District 4) 8/23/22 — End of Term Council Member Molina made a motion to approve the motion, seconded by Council Member Hernandez and passed unanimously. 3. Mayoral Council Committee Appointments: Audit Committee and Municipal Court Committee Mayor Guajardo referred to City Council Committee Assignments and made the City of Corpus Christi Page 3 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 following appointments: Audit Committee Chair: Council Member Gil Hernandez Members: Council Members Greg Smith, Billy Lerma and Mike Pusley Municipal Court Committee Chair: Council Member John Martinez Members: Council Members Ben Molina, Michael Hunter and Roland Barrera I. BOARD & COMMITTEE APPOINTMENTS: 4. Reinvestment Zone No. 3 (Downtown) Board (7 vacancies) Mayor Guajardo referred to Item 4. Reinvestment Zone No. 3 (Downtown) Board Reappointment of Council Members Council Member Pusley made a motion to reappoint Council Members Roland Barrera, Paulette Guajardo, Gil Hernandez and Greg Smith to new term of 2-28-2023, seconded by Council Member Molina and passed unanimously. New Appointment of Council Members Council Member Hernandez made a motion to appoint Council Members Billy Lerma, Mike Pusley and John Martinez, seconded by Council Member Molina and passed unanimously. Chairman for a one-year term Mayor Guajardo nominated Council Member Billy Lerma as Chair for Reinvestment Zone No. 3 (Downtown). Council Member Molina made a motion to appoint Council Member Billy Lerma as Chair for Reinvestment Zone No. 3 (Downtown), seconded by Council Member Smith and passed unanimously. J. EXPLANATION OF COUNCIL ACTION: K CONSENT AGENDA: (ITEMS 5 - 19) Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 11, 15 and 16 be pulled for individual consideration. A motion was made by Council Member Smith, seconded by Council Member Hernandez to approve the Consent Agenda with the exception of Items 11, 15 and 16. The motion carried by the following vote: City of Corpus Christi Page 4 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 5. 6. 7. 8. Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Zoning Case No. 0920-02, GMG Partners, LP. (District 3). Ordinance rezoning property at or near 702 South Navigation Boulevard from the "IL/SP" Light Industrial District with a Special Permit to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) (Requires 3/4 vote due to public opposition) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032315 Ordinance authorizing the renewal of a five year ground lease with Haas -Anderson Construction, Ltd., Corpus Christi, TX, for a 3.89 -acre City -owned tract of land located on the former Hala Pit Landfill, next to the City's vehicle impound yard off of Greenwood Drive, and authorizing an annual rental fee of $9,600.00. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032316 Consent - Contracts and Procurement Resolution authorizing a three-year agreement with Environmental Systems Research Institute (ESRI), Inc. in an amount not to exceed $450,000.00 for license and support maintenance of the City's Geographic Information System (GIS), effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $125,000.00 available in the Information Technology Fund. This Resolution was passed on the consent agenda. Enactment No: 032317 Motion authorizing a three-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas, in an amount not to exceed $251,262.00 for Cisco Umbrella which provides internet content filtering effective upon issuance of notice to proceed, with funding in an estimated amount of $83,800.00 available in the FY 2021 Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2021-001 City of Corpus Christi Page 5 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 9. 10. 11. 12. Motion authorizing a three-year rental and service agreement with BP Rental Services, LLC dba CC Rentals, in an amount not to exceed $80,750.00 for Portable Toilet Rentals for Beach Operations. The amount for FY 2021 for the remaining 8 months is $17,944.45 that is available in the FY 2021 State Hotel Occupancy Tax (HOT) Beach Fund. This Motion was passed on the consent agenda. Enactment No: M2021-002 Motion authorizing a three-year service agreement with Hub City Overhead Door Co., Inc. in an amount not to exceed $200,000.00 to perform on-call overhead door maintenance and repair services to City owned facilities for the Asset Management Department, effective upon issuance of notice to proceed, with FY 2021 funding in an amount not to exceed $47,000.00 available in the Facility and Property Management Fund. This Motion was passed on the consent agenda. Enactment No: M2021-003 Motion authorizing a three-year service agreement with South Texas Metal Roofing, Inc., of Corpus Christi, Texas, for an amount not to exceed $3,000,000.00 to perform on-call roof repair services to City owned facilities, effective upon issuance of a notice to proceed, with FY 2021 funding available through the Facility and Property Management funds. Mayor Guajardo referred to Item 11. Council Members and Director of Asset Management Charles Mendoza discussed the following topics: the multiple funding sources come from facility maintenance, Type A, and bonds. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Pusley and Council Member Smith Abstained: 1 - Council Member Molina Enactment No: M2021-004 Motion authorizing the lease -purchase of one Diamond Z horizontal grinder from Bane Machinery, Inc., of Dallas, Texas in an amount of $983,781.64, for grinding brush at the Solid Waste compost facility, effective upon issuance of letter of acceptance, with FY 2021 funding in the amount of $32,793.00 available in the General Fund. This Motion was passed on the consent agenda. City of Corpus Christi Page 6 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 13. 14. 15. Enactment No: M2021-005 Motion authorizing an Amendment to Service Agreement No. 2931 with 2Chainz Brush Clearing, LLC, for a total amount not to exceed $165,992.00 for years two and three, increasing the service agreement value to $1,215,968.00 for Mowing for Storm Water and Street Rights -of -Way for Public Works, with funding available in FY 2021 Storm Water Fund. This Motion was passed on the consent agenda. Enactment No: M2021-006 Consent - Capital Projects Resolution authorizing the execution of an Advance Funding Agreement with the Texas Department of Transportation for the 2018 Highway Safety Improvements Program that include upgrading traffic signal components, existing traffic signals, safety lighting and pedestrian improvements at multiple locations Citywide, with a City required funding match of 10% in an amount of $120,000.00, with FY 2021 funding available from the Bond 2016 program. This Resolution was passed on the consent agenda. Enactment No: 032318 Motion awarding a Master Services Agreement for Traffic Improvement Projects to include traffic signalization and synchronization to Freese and Nichols, Corpus Christi, TX, for an initial amount up to $250,000.00 per year and one renewal option to be administratively authorized for a total amount not to exceed $500,000.00, with projects located Citywide, and funding available through the 2018 Bond Program Fund. Mayor Guajardo referred to Item 15. Council Members, Director of Engineering Jeff Edmonds, City Manager Peter Zanoni and Director of Public Works Richard Martinez discussed the following topics: the City has a maintenance list of projects that this contract with Freese and Nichols will prioritize; and a Council Member's request to have more than one Master Service Agreement (MSA) made available for other engineering companies. Council Member Pusley made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith City of Corpus Christi Page 7 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 16. 17. 18. Abstained: 0 Enactment No: M2021-007 Motion awarding a Master Services Agreement for Geotechnical Testing and Construction Materials Testing to Professional Service Industries, Inc., Rock Engineering and Testing Laboratory, Inc., Terracon Consultants, Inc., and Arias & Associates Inc, all from Corpus Christi, Texas, in an amount up to $750,000.00 each, with a one-year renewal option to be administratively authorized for a total amount not to exceed $1,500,000.00 each, with projects located Citywide, and FY 2021 funding available from the Utility Capital Program and Bond Program. Mayor Guajardo referred to Item 16. Council Members and Director of Engineering Jeff Edmonds discussed the following topics: a Council Member's caution that for large projects, the engineering firm of record should own the geotechnical survey rather than the City. Council Member Pusley made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: M2021-008 General Consent Items Motion to authorize execution of a 24 -month Lease Agreement with Bayview Tower, LLC, for the operation of the City Customer Service Call Center for a total cost of $111,111.35 of which $57,209.75 is for the first twelve and $53,901.60 is for the second twelve months with the FY 2021 expense of $39,606.75 being paid from the Call Center's FY 2021 budget in the General Fund. This Motion was passed on the consent agenda. Enactment No: M2021-009 Resolution authorizing 6 -month extensions for a Water Arterial Transmission and Grid Main Construction and a Reimbursement Agreement up to $147,999.99, a Distribution Main Line Extension Construction and a Reimbursement Agreement up to $43,010.00, and a Wastewater Collection Line Extension Construction and a Reimbursement Agreement up to $139,341.76 with Dorsal Development, City of Corpus Christi Page 8 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 19. LLC for a planned residential development, Azali Estates Unit 1, located at the intersection of Yorktown Boulevard and Starry Road, east of Rodd Field Road. (District 5 ) This Resolution was passed on the consent agenda. Enactment No: 032319 Resolution authorizing outside city limits water contract with GTHH Development, LLC (Hossein Mostaghasi) to provide public water to his property located outside the city limits described as Swan Village Phase 1 Subdivision, also commonly known by its street address as FM 2444 (South Staples Street) under Corpus Christi Code Section 55-113. (OCL) This Resolution was passed on the consent agenda. Enactment No: 032320 L. RECESS FOR LUNCH M. PUBLIC HEARINGS: NONE N. REGULAR AGENDA: O. FIRST READING ORDINANCES: (ITEMS 20 - 24) 20. Ordinance authorizing acceptance of a grant in an amount of $104,013.20 from the State of Texas, Criminal Justice Division for Victims of Crime Community Outreach Program with a cash match of $5,265.79 and in-kind match of $23,360.00; appropriating $104,013.20 in the Police Grants Fund; authorizing two Full Time Employee positions; and authorizing a transfer of $5,265.79 from the General Fund to the Police Grants Fund. Mayor Guajardo referred to Items 20-24. Council Member Hernandez made a motion to approve Items 20-24, seconded by Council Member Molina. These Ordinances were passed on first reading with one vote and approved with the following vote: Aye: 9 - Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 21. Ordinance authorizing the acceptance of five grants totaling $332,809.19 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program for Bomb Squad Detection City of Corpus Christi Page 9 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00; and appropriating $332,809.19 in the FY 2021 Fire Grants Fund. See Item 20 for vote. 22. Ordinance authorizing acceptance of a $2,500 donation from ExxonMobil Pipeline Company to support the Corpus Christi Fire Department's emergency response capabilities: and appropriating $2,500 into the Fire Grants Fund. See Item 20 for vote. 23. Ordinance authorizing the renewal of a 15 -year lease agreement with Lady Lex Museum on the Bay Association that authorizes the use of a portion of the submerged lands owned by the City of Corpus Christi and adjoining City property for the U.S.S. Lexington for the operation of the museum and authorizing an annual rental fee of $1.00. (28 -day delay required between readings) See Item 20 for vote. 24. Ordinance authorizing the resale, by Nueces County as the City's trustee, of 16 properties, which were foreclosed upon for failure to pay ad valorem taxes, for the total price of $89,225.00. The City accepts total proceeds of $29,379.07 from the sale of which $7,988.22 is allocated to the settlement of past due ad valorem taxes and $21,390.85 is allocated to the settlement of amounts due for City paving and demolition liens. See Item 20 for vote. A Council Member discussed the following topics: resale properties are a good opportunity for City to convert to affordable housing; the State of Texas does not forgive taxes owed so properties with many liens are difficult to clear; there are a lack of lots available, and it is important to get lots back on the tax rolls; unemployment rates are high, but there is a shortage of housing available; and request for options on how to use resale properties as affordable housing opportunities. P. BRIEFINGS: (ITEM 25) 25. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Third and Fourth Quarters of 2020) Mayor Guajardo referred to Item 25. President/CEO of Corpus Christi Regional Economic Development Corporation lain Vasey presented information on the following topics: unemployment City of Corpus Christi Page 10 Printed on 1/21/2021 City Council Meeting Minutes January 12, 2021 rates; employment by sector for Corpus Christi MSA; CCREDC COVID-19 response; business retention and business attraction; and Our Coastal Bend. Council Members, City Manager Peter Zanoni and President Vasey discussed the following topics: about 1,200 citizens completed Our Coastal Bend survey; request for an update on economic development projects on the horizon; and rumored possible merger with San Patricio EDC was decided against. Q. EXECUTIVE SESSION: NONE R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS S. ADJOURNMENT Mayor Guajardo referred to Identify Future Agenda Items. The following Items were identified: request to schedule City Manager's evaluation; request to schedule an affordable housing workshop; a Council Member's request for information regarding a CCISD board member's correspondence with City staff related to FBI investigation; in response to request for the LAN report on North Beach, City Manager Zanoni said the plan is to present it to Council at the January 26th meeting; and a request for a debrief on short-term rentals. This meeting was adjourned at 1:52 p.m. City of Corpus Christi Page 11 Printed on 1/21/2021 Norma Duran From: Sent: To: Cc: Subject: See below. CitySecretary Tuesday, January 12, 2021 11:15 AM Rebecca Huerta Norma Duran; Sarah Brunkenhoefer FW: [EXTERNAL]Call Back: 01-12-2021 - James Klein From: JotForm <noreply@jotform.com> Sent: Tuesday, January 12, 2021 11:10 AM To: CitySecretary <CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Call Back: 01-12-2021- James Klein [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to Secu rityAlert@ cctexas.com. 11 Warning: Replies to this message will go to returns@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. / Request for Call Back Form Date of meeting Name Phone number for call back Address Topic Provide an email to receive a copy of your submission. 01-12-2021 James Klein (361) 3343908 Street Address: 3501 Monterrey St City: Corpus Christi State / Province: TX Postal / Zip Code: 78411-1709 Country: United States desalination jeklein64@vahoo.com 1 AGENDA MEMORANDUM City Council Meeting of January 26, 2021 DATE: January 15, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 North Beach Navigable Canal Briefing STAFF PRESENTER(S): Name Title/Position 1. Jeff H. Edmonds, P. E. Director BACKGROUND: Department Engineering Services On December 17, 2019, the City of Corpus Christi City Council passed an ordinance authorizing the design and construction of a navigable canal on North Beach in Corpus Christi, Texas. On June 23, 2020, the City of Corpus Christi City Council authorized a Professional Services Agreement with Lockwood, Andrews & Newnam, Inc. (LAN) for Phase I of the project. The phase I scope of services include a determination of the project scope and limits and whether or not the canal will function as a major drainage facility and be navigable. Additional tasks included traffic impact analysis, water quality analysis, regulatory permit considerations, real estate requirements review and the preparation of a final report. This briefing will provide a presentation by LAN for the Phase I findings of the project. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting January 12, 2021 Second Reading Ordinance for the City Council Meeting January 19, 2021 DATE: December 1, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Accepting and appropriating the Victim of Crimes Community Outreach Grant within the Police Department CAPTION: Ordinance authorizing acceptance of a grant in an amount of $104,013.20 from the State of Texas, Criminal Justice Division for Victims of Crime Community Outreach Program with a cash match of $5,265.79 and in-kind match of $23,360.00; appropriating $104,013.20 in the Police Grants Fund; authorizing two Full Time Employee positions; and authorizing a transfer of $5,265.79 from the General Fund to the Police Grants Fund. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime Act Formula Grant Program. The grant provides funds to projects designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. BACKGROUND AND FINDINGS: The grant provides funding for a victim case manager for community outreach to identify resistant or reluctant victims of crime and to assist victims in understanding and participating in the criminal justice system. Through public presentations, multi -disciplinary meetings, and legal advocacy, the case manager will provide crisis intervention and follow-up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant maintains accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes for salaries as the required 20% match. The grant period is 10/1/2020 — 9/30/2021 and is not on a declining percentage or ending funding cycle. This is the 8th year of the program. ALTERNATIVES: The grant provides services to victims of crime that would need to be funded from a different source if the grant were not accepted or not be available. FISCAL IMPACT: The Victims of Crimes Act Grant in the amount of $104,013.20, will increase the Police Grants Revenue for the Victims of Crime Community Outreach Program with a cash transfer from the General Fund to the Police Grants Fund for the City cash match. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 & 1061 1020-60035 / 1061-822219F 156 N/A 548590 — Cash-Contrib-Grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 530160 Rentals 530200 Telephone/telegraph 547010 Travel 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends accepting the grant application and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award letter Ordinance authorizing acceptance of a grant in an amount of $104,013.20 from the State of Texas, Criminal Justice Division for Victims of Crime Community Outreach Program with a cash match of $5,265.79 and in-kind match of $23,360.00; appropriating the $104,013.20 in the Police Grants Fund; authorizing two FTEs for one Victim Case Manager and one Staff Assistant; and authorizing a transfer of $5,265.79 from the General Fund to the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $104,013.20 to continue the Victims of Crime Community Outreach Program within the Police Department with a cash match of $5,265.789 and an in-kind match of $23,360.00 from the No. 1020 General Fund. SECTION 2. $104,013.20 is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Community Outreach Program in the Police Department. SECTION 3. Two FTEs are authorized as a Victim Case Manager and a Staff Assistant. SECTION 4. The transfer of $5,265.79 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta City Secretary Paulette M. Guajardo Mayor 11/30/2020 Office of the Governor —Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (000). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and 'Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the 000 Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 2677106 11/30/2020 10/01/2020 - 09/30/2021 12/29/2021 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victim Assistance Community Outreach Nate Johnson 069457786 CFDA: 16.575 - Victims of Crime Act Formula Grant Program Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Texas Office of the Governor – Criminal Justice Division (CJD) Name: Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: U.S. Depaitment of Justice, Office of Justice Programs, Office for Vic 9/13/2019 2019-V2-GX-0011 $193,635,780.00 ms of Crime $104,013.20 $5,265.79 $23,360.00 $132,638.99 1/2 11/30/2020 Office of the Governor Is the Award No R&D: Federal/State This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the Award State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to Description: local community-based organizations that provide direct services to crime victims 2/2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting January 12,2020 Second Reading Ordinance for the City Council Meeting January 26,2020 DATE: TO: November 25, 2020 Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 Acceptance of five grants totaling $332,809.19 from the Texas Office of the Governor – Homeland Security Grant Division CAPTION: Ordinance authorizing the acceptance of five grants totaling $332,809.19 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00; and appropriating $332,809.19 in the FY 2021 Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of five grants totaling $332,809.19 from the Homeland Security Grant Program (HSGP). The equipment and training provided through these grants will support local and state efforts to prevent terroristic and catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. BACKGROUND AND FINDINGS: Since 2002, the Corpus Christi Fire Department (CCFD) has submitted grant applications to the HSGP on behalf of the Fire Department and other City departments. In FY 2020, the City of Corpus Christi was awarded two grants totaling $333,666.41 from the Homeland Security Grant Program. The HSGP is a federal grant program that is managed by the State and administered through the Coastal Bend Council of Governments, which is a volunteer association of local governments, cities and counties, and other public and private entities. Project Description: The five grants awarded under the 2020 HSGP are titled Bomb Squad Detection, Dive Trailer, Incident Command Training Program, Airport Medical Response Equipment, and Regional Hazmat Response Enhancement. The Bomb Squad Detection grant will provide the CCPD bomb squad with detection tools to provide enhanced protection for the members and more efficient response times. The Dive Trailer grant will provide the CCPD Search & Recovery Dive Team with a trailer to rapidly deploy supplies, gear, and equipment to incidents. The Incident Command Training Program will allow the CCFD to create an incident command training center. The Airport Medical Response Equipment will improve the Corpus Christi International Airport's response and preparedness capabilities by providing medical equipment. The Regional Hazmat Response Enhancement grant will provide a chemical identification system and training on the device for the CCFD Hazmat Team. ALTERNATIVES: The alternative to accepting these grants would be to decline grant awards and seek alternative funding. FISCAL IMPACT: Acceptance of five grants totaling $332,809.19 for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00 and appropriating into the FY 2021 1062 Fire Grants Fund. Neither a cash match nor an in-kind match is required for this grant. Funding Detail: Fire Grants Fund: 1062 Organization/Activity: 821261F, 821262F, 821263F, 821264F and 821265F Mission Element: 093 Project # (CIP Only): N/A Account: 520090 — Minor Tools and Equipment RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate five grants totaling $332,809.19 for the purchase of terrorism prevention equipment and training. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of five grants totaling $332,809.19 from the Texas Office of the Governor - Homeland Security Grant Division, Homeland Security Grant Program for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00; and appropriating $332,809.19 in the FY2021 Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept five grants totaling of $332,809.19 from the Texas Office of the Governor — Homeland Security Grant Division, Homeland Security Grant Program for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00. Section 2. $332,809.19 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire Grants Fund for Bomb Squad Detection for $116,151.38, Dive Trailer for $44,063.76, Incident Command Training Program for $88,134.05, Airport Medical Response Equipment for $4,585.00, and Regional Hazmat Response Enhancement for $79,875.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta City Secretary Paulette M. Guajardo Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth tment of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: 4078601 10/16/2020 01/01/2021 - 06/30/2021 09/28/2021 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Airport Medical Response Equipment Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 9/4/2020 EMW-2020-SS-00054 $98,320,229.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $4,585.00 $0.00 $0.00 $4,585.00 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=3F-38-50-42... 11/25/2020 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=3F-38-50-42... 11 /25/2020 Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth tment of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: 4067701 10/16/2020 01/01/2021 - 06/30/2021 09/28/2021 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Bomb Squad Detection Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 9/4/2020 EMW-2020-SS-00054 $98,320,229.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $116,151.38 $0.00 $0.00 $116,151.38 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=C8-8A-92-C... 11/25/2020 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=C8-8A-92-C... 11/25/2020 Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth truent of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: 4077301 10/16/2020 01/01/2021 - 06/30/2021 09/28/2021 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Dive Trailer Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 9/4/2020 EMW-2020-SS-00054 $98,320,229.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $44,063.76 $0.00 $0.00 $44,063.76 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=93-95-B 1-9... 11/25/2020 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=93-95-B 1-9... 11/25/2020 Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth truent of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: 4079501 10/16/2020 01/01/2021 - 09/30/2021 12/29/2021 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Regional HazMat Response Enhancement Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 9/4/2020 EMW-2020-SS-00054 $98,320,229.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $79,875.00 $0.00 $0.00 $79,875.00 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=E8-E9-A2-... 11/25/2020 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=E8-E9-A2-... 11 /25/2020 Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth truent of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: 4076001 10/16/2020 01/01/2021 - 12/31/2021 03/31/2022 HS -Homeland Security Grant Program (HSGP) Corpus Christi, City of Incident Command Training Program Dorothy Caston 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: 97.067 - Homeland Security Grant Program (HSGP) U.S. Department of Homeland Security, Federal Emergency Management Agency 9/4/2020 EMW-2020-SS-00054 $98,320,229.00 Texas Office of the Governor — Homeland Security Grants Division (HSGD) $88,134.05 $0.00 $0.00 $88,134.05 https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=ED-06-A4-... 11/25/2020 Office of the Governor Page 2 of 2 Is the Award No R&D: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to Federal/State the security of the United States. The HSGP provides funding to implement investments that build, Award sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Description: Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. https://egrants.gov.texas.gov/project/awardstatement.aspx?i2=4&i 1=10&gh=ED-06-A4-... 11 /25/2020 AGENDA MEMORANDUM First Reading for the City Council Meeting January 12, 2021 Second Reading for the City Council Meeting of January 26, 2021 DATE: December 4, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 Acceptance and appropriation of a donation for $2,500 from ExxonMobil Pipeline Company CAPTION: Ordinance authorizing acceptance of a $2,500 donation from ExxonMobil Pipeline Company to support the Corpus Christi Fire Department's emergency response capabilities; and appropriating $2,500 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the execution of all documents necessary to accept and appropriate one donation totaling $2,500 from ExxonMobil. The grant funds will support the emergency response capabilities of the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: The ExxonMobil Pipeline Company has donated $2,500 to the Corpus Christi Fire Department as part of their FY 2021 Good Neighbor Grant. This is the second Good Neighbor Grant donation the Fire Department has received from ExxonMobil Pipeline. In FY 2019, ExxonMobil Pipeline first donated the Good Neighbor Grant to the Fire Department. The Department utilizes these funds to purchase supplies for the Hazmat Material Response Program. ALTERNATIVES: If the City does not accept the grant, it will not be able to utilize the $2,500 given to the Department to make needed purchases that help increase emergency response capabilities. FISCAL IMPACT: Acceptance of grant funding in the amount of $2,500 and appropriating $2,500 to the Fire Department Grand fund. Funding Detail: Fund: 1062 Organization/Activity: 840021 L Mission Element: 093 Project # (CIP Only): N/A Account: 520090 — Small Tools & Equipment RECOMMENDATION: Staff recommends that City Council approve the acceptance and appropriation of this grant fund in the amount of $2,500. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing acceptance of a $2,500.00 donation from ExxonMobil Pipeline Company to support the Corpus Christi Fire Department's emergency response capabilities; and appropriating $2,500.00 in the Fire Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept a $2,500.00 donation from ExxonMobil Pipeline Company to support the Corpus Christi Fire Department's emergency response capabilities. SECTION 2: $2,500.00 from ExxonMobil Pipeline Company is appropriated in the Fire Grant Fund No. 1062 to be used to support the Corpus Christi Fire Department's emergency response capabilities. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta City Secretary Paulette M. Guajardo Mayor ExxonMobil Pipeline Company 22777 Springwoods Village Parkway Spring, Texas 77389 E)KonMobil November 10, 2020 Robert Rocha Corpus Christi Fire Department 2406 Leopard Street Corpus Christi, TX 78408 Dear Mr. Rocha: On behalf of ExxonMobil Pipeline Company, please find enclosed a check in the amount of $2,500, providing financial support to the emergency response capabilities of Corpus Christi Fire Department. Per the attached form, please acknowledge receipt of this grant by completing and returning the form to the corporation, indicating the date, amount, and benefits received. Please feel free to contact me at (832) 624-8326 or (888) 804-4788 if any questions arise. Regards, Nicolas Medina Public & Stakeholder Engagement Manager ExxonMobil Pipeline Company An ExxonMobil Subsidiary AGENDA MEMORANDUM First Reading for the City Council Meeting of January 12, 2021 Second Reading for the City Council Meeting of January 26, 2021 DATE: December 8, 2020 TO: FROM: Peter Zanoni, City Manager Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com (361) 826-3227 Approval for the resale of 16 foreclosed properties CAPTION: Ordinance authorizing the resale, by Nueces County as the City's trustee, of 16 properties, which were foreclosed upon for failure to pay ad valorem taxes, for the total price of $89,225.00. The City accepts total proceeds of $29,379.07 from the sale of which $7,988.22 is allocated to the settlement of past due ad valorem taxes and $21,390.85 is allocated to the settlement of amounts due for City paving and demolition liens. SUMMARY: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If no one is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 16 properties at the bid prices listed in Exhibit B. Each of the 16 properties was reviewed by Engineering, Planning/Environmental and Strategic Initiatives (ESI), Grant Monitoring, Parks and Recreation, and the Homeless and Housing Division of the Human Resources Department for potential City use. No properties were identified to be pulled. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs, which are $32,055.01. These court costs are for the costs associated with the underlying lawsuits. The remaining funds are then applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: Not approving the ordinance to move forward with the sale of the properties. FISCAL IMPACT: The City will receive $7,988.22 for the sale of the properties and an additional $21,390.85 for demo liens, for a total of $29,379.07 in revenue. The net proceeds from the sale are first applied to pay off the outstanding court costs, which are $32,055.01. The proceeds of the sale will be deposited into the City's General Fund. For the demo liens, depending on the source of the expense, the proceeds will either be deposited into the City's General Fund or the CDBG grant fund associated with the expense. In addition, this sale will restore $259,243.00 in taxable property value to the tax rolls. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Exhibit B — Breakdown of Tax Resale Property Lists Letter from Linebarger, Goggan, Blair & Sampson, LLP Ordinance Ordinance authorizing the resale, by Nueces County as the City's trustee, of 16 properties, which were foreclosed upon for failure to pay ad valorem taxes, for the total price of $89,225.00. The City accepts total proceeds of $29,379.07 from the sale of which $7,988.22 is allocated to the settlement of past due ad valorem taxes and $21,390.85 is allocated to the settlement of amounts due for City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 16 properties listed on the attached and incorporated Exhibit A for $89,225.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,988.22 plus $21,390.85 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City's share of the tax resale proceeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 500 N. Shoreline Blvd. Suite 1111 (78401-0357) P. O. Box 2991 Corpus Christi, TX 78403-2991 (361) 888-6898 (361) 888-4405 - FAX December 4, 2020 Heather Hurlbert, Director Of Finance and Business Analysis City of Corpus Christi P.O. Box 9257 Corpus Christi, Texas 78469-9257 Re: Consideration of offers received for Tax Resale Properties Dear Heather, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount, the property is "Struck Off' to the Nueces County taxing entities for the amount due against it. A Sheriff's Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties, and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in compliance with the Texas Property Tax Code. Enclosed please find bid analyses and maps for sixteen tax resale properties for which we have received purchase offers. The enclosed offers represent the best and highest received to date. We respectfully request that you place these offers on the City Council's agenda for consideration and action at their next available regular meeting. If the Council approves all 16 offers as submitted, the City will receive $7,988.22 in delinquent tax revenue, $21,390.85 in payment of Demo liens, and restore as much as $259,243.00 in taxable property value to the tax rolls. We have received multiple offers for several of the properties. If the City Council approves the offers, we will schedule a second auction of these properties with the opening bids set at the amounts approved by the taxing entities. This is the procedure we have used for many years to obtain the best results for our clients. The prospective buyers are all aware of this procedure, it is spelled out in the terms of sale on the Tax Resale Offer Form, which they fill out and sign to submit their offers. If you need any further information regarding these offers, please contact me anytime. My e- mail address is marvinl(&,1gbs.com, my direct office number is (361) 760-0106, and my cellphone number is (361) 443-1965. Thanks for your help. Sincerely, Marvin Leary Area Manager Enclosures: Bid analyses and maps for 16 tax resale properties LINEBARGER GOGGAN BLAIR AND SAMPSON, LLP OZOZ 'ti H391N3J30 H N N N N N N N N N N N N N N— O W W W W W W N N N N N N I-' I-' to V rrl —1 01 01 U1 N I-, O l0 01 Ul W O l0 Ol U1 l0 W • U1 I-, 00 W I-, -P 01 V U1 U1 I-, Cr) W l0 W V 1 In CO I▪ -, ▪ i/T i/)- in- I-, i/? {A VT i/>• t! i/? V). i/T VT l0 Ul U1 U1 00 n co VN W N t/1 W U1 N 0 0 0 0 0 0 U1 O O 00 VI U1 O 00 0 O Ni 0 0 0 0 0 0 0 0 0 VI V 0 0 0 0 0 In O O O O O O O 0 0 O U1 O O O O O b . . . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O {h -UT i/} i/1- 01 01 Ol Ni W . 00 O U1 NJ N -(J 4f - J)- CO 01 in t0 N I-, NJ W NJ . in• ir- l0 1-' i/? V i/) O CO I-' Cr)V U1 -P 00 Ol I-' O 00 U1 -P O F, O . . . . . . . . . . . CoCo. . . . O n V iH IH iH i H '.P N 00 O 0 0 01 O W O NJ W 00 0 W to N N N W 0 to N to 0 0 0 inT int- I-, W 00 V U1 (J NJ -P W iR . ▪ i/)- n W to V 00 4. O N co V O in O 0 Co V in 0o N O A V N 0 0 0 In CO 0 0 Cr) 0 0 00 00 (.0 0 V 0 0 if). ih N-in.F' 11 I-' 00 N CO N 00 W (7 I-' .P V 0 crl i-, V 0 V rn N u, Ol N NJ 01 Cr) N N 01 P h' 01 00 00 6ti'17bb'£$ 00'11717`Z$ OSO 1S3M in. n N D f- 4==. 1 I- O m O z -UI- V). i/1- -V).J V VI. V).0 to I-, NJ NJ l0 4:. Ni I-' i/1 -V)- V). m 0 .P 0 W V 01 -P l- V i/} -V)-U1 i/1• 4J - W V). r I-' I-, O - O W l0 CO N C) -P 0 Cr) 0 N O E io 'co Lc) 'co iH �I Cr) iv is) O in O o1 O in O > ✓ N 01 l0 W I-, O -P 0 0 l0 to to O O O 70 i/1- VI• i/} ih V NJ in, -V)-VI. N F-' VI- in. VI -VI - l0 0 W . Ln N O Cl N I-, i/? I-' i/>• ih 00 00 W 01 W Ni V 0 V Cr) -UT I•, I-, I-, i/1- 00 i/). 00 NJ NJ U1 N V NJ V W 00 0 0 00 01 0 0 0 . Cr). . . . . . . . . . . . . . . N A O1 O1 4. N F, l0 O O 0l N .P O V O N l0 Cr) N I-, 1H CO V .P V 0 0 Ol O O I-, O $21,390.85 $32,055.01 $259,243.00 00 3O 1110 i/)- i/? in• i!r i/). i/I• in. V). n N I --,-P W I-' -UI- -V)-h, -V).I" i/>• i/T —1 N ID U1 I-' N W 00 V W -P .P -.4. n F-' 1.0 I-, V V 01 - 0 0 00 .A I--' W - V tn. 01 U.I I - -P t0 Ul n U1 F-' CO t0 I-, l0 O W U1 en l0 W W n A in N n lfl U1 A O l0 O 20 IH 4. N lO lfl 0 W A 0 l0 .P U1 W O N O 0 ih i/} i/? i/? i/? irT VI- i/T to i/? i/f VI. in. W I-, N N W N W N Ni/? N I-� I-' -V).N V rn W W in O O l0 4. O U1 W co U1 n Ls) 1 V V V CO 01 N 1H W l0 -P -P O O i/) U1 I-, l0 Cr) l0 W I-, I-, -P O W U1 U1 0 O1 0 0 U1 Un in in 1 In in in In in In In In O In O -1 O O O O O O O O O IH O O O O 0 0 N in- in• in- in- in. i/I- V) - VI I- I-' I-' - W i/T -0- i/1- ih VI- i/? i/? V). i/T I-' 00 U1 01 U1 l0 V l a1 W lr1 W V 1.0 O a1 w 0 i— i� cn V UW ! O O t-' u1 O N I-, 0o in < to 0 N 0 I-, 0 0 V N O1 O O1 N 1H O D N W W O O H' O 00 Ln W O Cr)111 W O r-- . . . . . . . . . . . . . . O O O O O O O O O O O O O O O O c O 0 O O O O O O 0 O O O O O O O m DISTRIBUTION OF PROCEEDS FROM PROPOSED TAX RESALE OFFERS ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 03-1971-B; Nueces County vs Fernando Garcia, III 3795-0009-0050; Lot 5, Block 9, Jones Addition 1520 Mestina - Corpus Christi November 1, 2011 61,144.44 5,000.00 1,394.50 19,500.00 8.18% 25.64% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 8,523.10 0.00 City of Corpus Christi 9,213.70 0.00 Corpus Christi Independent School District 21,793.57 0.00 Del Mar College 3,523.30 0.00 City Paving & Demo Liens 18,090.77 4,935.00 THIS IS A VACANT LOT, 50 FTX 130 FT, LOCATED 2 BLOCKS WEST OF CITY HALL. THE CITY DEMOLISHED A FIRE -GUTTED 2 STORY ROOMING HOUSE ON THIS PROPERTY SEVERAL YEARS AGO. THE PROSPECTIVE PURCHASER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 1737 6806VZ=d'89L=PPULaeagdewiwoo•uogewoineen.q ssaooedoidirsdnq 8Z AM oo 0 3 NOS213S1f10 r p1O�tldO/98t},14s' 98t off z L£ HI 01 SN 98Z AMH LEOPARDFROM wpyg6 BROWNLEE 0. CO CO 5 sV 2 z SAM RANKIN z 8 SAM RANKIN STAPLES .,STAPI =f 0 O :Atcatt OT SAM RANKIN V r- 0 0 D G ALAMEDA ; m O m ' BROWNLEE BROW l 2 I ALAMEDA ALAMEDA STAPLES t0 WACO 21 0 m .„x -AS 4, yoiees dej ay3 saoanN ‚'37 /c244 Mess/m-1;4A ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: 2012DCV-5373-D; Nueces County vs Robert J Gracia 0481-1502-0120; Lots 12 and 13, Block 1502, Bay Terrace No. 2 Addition 1539 17th St. - Corpu;; Christi May 6, 2014 40,623.88 3,000.00 2,506.50 7,813.00 7.38% 38.40% Entity Name Amount Due Each Entity $5,869.10 Amount You Will Receive $71.30 Nueces County City of Corpus Christi $6,644.07 $80.71 Corpus Christi Independent School District $11,942.19 $145.07 Del Mar College $2,675.42 $32.50 City Paving & Demo Liens $13,493.10 $163.92 A VACANT RESIDENTIAL LOT, 50 FTX 125 FT, LOCATED ABOUT 3 BLOCKS WNW OF WYNN SEALE JUNIOR HIGH SCHOOL. THE PROSPECTIVE PURCHASERS ARE JUAN AND ROSA SANCHEZ OF CORPUS CHRISTI. 1993 https://propaccess.trueautomation.com/mapSearch/?cid=75&p=190192 0 CO 0 N 0 yaieas dew aVO saoanN ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: of Total Due: % of Current Value: 2011DCV-2133-F; Nueces County vs A.M. Sanchez 7634-0003-0540; Lot 54, Block 3, San Pedro Addition to Corpus Christi 720 Francesca St. - Corpus Christi August 2, 2016 12,851.06 800.00 4,149.50 3,125.00 6.23% 25.60% Entity Name Amount Due Each Entity $937.91 Amount You Will Receive $0.00 Nueces County City of Corpus Christi $1,033.26 $0.00 Corpus Christi Independent School District $2,392.16 $0.00 Del Mar College $410.54 $0.00 City Paving & Demo Liens $8,077.19 $0.00 A VACANT RESIDENTIAL LOT, 25 FTX 100 FT, TO SMALL TO BUILD ON. THE LOT IS LOCATED 1 BLOCK NORTH OF ZAVALA ELEMENTARY SCHOOL. THE PROSPECTIVE BUYER OWNS THE PROPERTIES ON BOTH SIDES OF THIS LOT. THE PROSPECTIVE BUYER IS CARLOS RODRIGJEZ OF CORPUS CHRISTI. 2159 OZb96Z=d'S9L=p!NApieasdewiwoo•uogewoaneanirsseooedad//sdiN LLESA .+x9313 ELLSA O O Nm O N NONV313 ELEANOR ST IONV313 ELEANOR ST41 0, m a V V 2 200018000 O 200018009 200018008 200018012 200018015 _. O co ... OCO --, 200018024 200018027 200018030 200018033 200018038 200018039 j 200018042 - 200018045 - 200018051 0 0 200017787 200017784 200017781 O SN co' 200017970 1 I OSo V r200017958 SO8N CO N 01 N O N a.Ofi N . 8 CO V OOmO�N o O N 0 N t 11 LLESA .+x9313 ELLSA O O Nm O N 0, m a O 0 N aW O 200017874 - 200017877 8 Z.I. Co WW S V m SN V 0 200017817 200017814 200017811 200017808 200017805 ppN C Oo . O p 0 l200017793 N O 200017787 200017784 200017781 a VV OVO p S O V 0, pO O OOi to Op Wpl Al V O O O C N A 00 g W W 1-ttANCESGA Sr V3S33NVNd FRANCESCI S3MOIO0 DOLORES ST DOLORES ST S321010(3 Or yW 0 CO N N N CO co co co N CO Co IJ 0 0 Co LINCAN Sl NVON00 8 0 Al rn AAV NV44431O0 0 m Z UUNWN SI CO 8 coco Coco NVDNnc 8 2 8 W O b DOLORES N 8 0 0 lia altl_'1 St S `—^ v. hMfiwk St 50 N i sage St Eieanor St Elesa St Francesca St Dolores St D UIlLa 1151 :5 St in SI Wh:-.Gu; St Harmon Ay,: t:l: Iy Si 25th St S 131UnIr St rt, = 231d Std � IIr Ci a y rp 2Ist St c 0 s onlh CI Llamas dew QV3 saaanN •N & . WO a& N Com N I O I V 0 V N a V te W V N E N ® g 'O t V E Co R to a VI Co N 10 g 296407 - W Al V \96372 N A 298375 g W W NNI ��pp 401 V �pp� 4f CO N �p W O O 0 W 0 0 `O W 0 0 P 0 (,f Oo to to to `O 00 N i0 01 + V ONOO tNp 0 CO W O) S3MOIO0 DOLORES ST DOLORES ST S321010(3 Or yW 0 CO N N N CO co co co N CO Co IJ 0 0 Co LINCAN Sl NVON00 8 0 Al rn AAV NV44431O0 0 m Z UUNWN SI CO 8 coco Coco NVDNnc 8 2 8 W O b DOLORES N 8 0 0 lia altl_'1 St S `—^ v. hMfiwk St 50 N i sage St Eieanor St Elesa St Francesca St Dolores St D UIlLa 1151 :5 St in SI Wh:-.Gu; St Harmon Ay,: t:l: Iy Si 25th St S 131UnIr St rt, = 231d Std � IIr Ci a y rp 2Ist St c 0 s onlh CI Llamas dew QV3 saaanN ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-3326-C; Nueces County vs Willie J. Adams 3232-0009-0090; Lot 9, Block 9, Harlem Park Addition 3333 Washington - Ccrpus Christi August 2, 2016 16,368.48 2,000.00 1,345.50 5,266.00 12.22% 37.98% Entity Narne Amount Due Each Entity Amount You Will Receive Nueces County $1,121.77 $14.69 City of Corpus Christi $1,252.72 $16.40 Corpus Christi Independent School District $2,848.44 $37.29 Del Mar College $510.87 $6.69 City Paving & Demo Liens $10,634.68 $579.43 A VACANT RESIDENTIAL LOT, 43.64 FTX 94.55 FT, LOCATED 4 BLOCKS SOUTH OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2163 0 CO N O N 0 pleas dein' avo seoanN -,0-141,-r•.;i: 2 ) • ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: 2014DCV-6241-A; Nueces County vs Manuel Rodriguez 2277-0001-0090; Lot 9, Block 1, El Rey Addition 3026 Sabinas - Corpus- Christi March 7, 2017 17, 520.27 3,500.00 1,545.50 7,000.00 19.98% 50.00% Entity NameAmount Due Each Entity $1,009.87 Amount You Will Receive $95.82 Nueces County City of Corpus Christi $1,246.40 $118.26 Corpus Christi Independent School District $2,621.99 $248.78 Del Mar College $527.94 $50.09 City Paving & Demo Liens $12,114.07 $1,441.55 A VACANT RESIDENTIAL LOT, 40 FTX 140 FT, LOCATED 2 BLOCKS NORTHEAST OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2196 090ZVZ=d'89L=P!00yoJeasdew/woo•uopwoaneeng ssaooedoad//:sdl;y g - /e/4‘,;._ 1;110 041--42-'-' N I P- :1AV ytNIOSIA VINIONI ,$ 4 VINIONIA VINI021IA 3NN3A3H0 N PA. 1 4,9 S. Fort Ave 4a Althorn Rd t r `ha Cheyenne St C• G m oa- 3 m — 3' a\s‘ p1� S �5 yaeas deal avo seoanN Me• 3a24, SALHJ&SI ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 2014DCV-4365-G; Nueces County vs John Curie! 8529-0007-0080; Lot 8, Block 7, Summit Addition 2215 Coleman Ave - Corpus Christi May 2, 2017 10,235.76 2,575.00 2,093.50 3,563.00 25.16% 72.27% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County $323.85 $8.89 City of Corpus Christi $386.18 $10.60 Corpus Christi Independent School District $819.04 $22.48 Del Mar College $167.26 $4.59 City Paving & Demo Liens $8,539.43 $434.94 A VACANT RESIDENTIAL LOT, 25 FTX 114 FT, LOCATED 4 BLOCKS SOUTH OF THE INTERSECTION OF AGNES AND 19TH ST. THE PROSPECTIVE BUYER IS ERF REAL ESTATE, INC. OF CORPUS CHRISTI. 2201 z 1SLZ 8 8 8 8 CO 8 8 o a W fi 8 8 8 O v w m • S 8 8N O 8 8 8 N 8 8 W 8 9 8 8 8 8 8 y8 0 yoJeas dej avo saoanN N 8 8 8 8 8 8 8 T_ 8 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2014DCV-2782-F; Nueces County vs David Cirlos 7634-0003-0610; Lot 61, Block 3, San Pedro Addition to Corpus Christi Property Location: 812 Francesca St. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: March 6, 2018 11,446.59 850.00 1,884.50 3,125.00 7.43% 27.20% Entity Narne Amount Due Each Entity $611.38 Amount You Will Receive $0.00 Nueces County City of Corpus Christi $718.79 $0.00 Corpus Christi Independent School District $1,531.72 $0.00 Del Mar College $314.68 $0.00 City Paving & Demo Liens $8,270.02 $419.49 A VACANT RESIDENTIAL LOT, 25 FTX 100 FT, TOO SMALL TO BUILD ON. THE LOT IS LOCATED A 1/2 BLOCK NORTH OF ZAVALA ELEMENTARY SCHOOL. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT OF CORPUS CHRISTI. 2235 https://propaccess.trueautomation.com/mapSearch/?cid=75&p=296420 I I J 1 L 1 A L1 ELLANOR SI 0 0 0 • 3 IONV313 ELEANOR ST aONV313 CUOS I N Q S i Al $ s NQ S 8 o w 8 8, 200018012 200018015 200018018 200018021 200018024 _1 200018027 o 200018033 200018036 200018039 200017805 NL 200017988 N N N O m 200017970 N y hH N O SZi pip 200017955 O coo MHhI N CO N8 N 1 8 8 2 VS313 ECEaAEES313 O (4� W O tv� g O O G 6 N O O m S N N O N m p 200017847 200017853 p CO $ O r N8 p 200017817 200017814 200017811 200017808 200017805 8 O O m8W S N w N S 200017787 200017784 O 8 m O SZi pip N O coo O OOff • N 88T CO O N �1A, 8 N 10 ENN A N U EANN N pmt O N0 O m V �Al Of COO O �qN p A IV w Ig 2 N N � CO" :0 $'i r N w N Owl A N CO N W V 296378 O °1 o 8 8 O CO8 N N CO 8 °' pyp + w Q. w Of DOLORES ST - S3110100 P ig DtJNCAN 51 NVONOO O 8 kf 8 8 8 COCO A 8 O m 0 0 2 8 8f N $.titin St 73 W HihrcwIG St w• Harmon Avr, - 22 jl r St F:1a1r+•.vF. St Csaae St Eieannl-St EM:e-.a St Framesca St a St - 6uWles Sl Duncan St 3 St n Iv41uly S1 251 151 $ S FSuntr St rt, 8 c m • T n= 23Id St i o F.; 4., �-N �� m = N _ ^ N ' n 21st St N G O � -an.f, c, f yoJeas deal aVD saoanN • - ' .N: t -4k •••• , • „ •r1 '1 ••• v.• • - , • • .•:,•`;‘,, ••••-•14.1: ‘...s• "17 41 •-• - - _ - 4,1 zi .• • s .4141ct.' • • .„ • • ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: 2015DCV-5601-H; Nueces County vs Elizabeth Macias 7193-0003-0150; Lot 15, Block 'C', Reynolds Addition 3009 Carver - Corpus Christi September 4, 2018 11,984.61 4,000.00 1,914.50 6,074.00 33.38% 65.85% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County $909.46 $141.83 City of Corpus Christi $1,077.70 $168.07 Corpus Christi Independent School District $2,271.20 $354.20 Del Mar College $467.42 $72.90 City Paving & Demo Liens $7,258.83 $1,348.50 A VACANT RESIDENTIAL LOT, 50 FTX 95 FT, LOCATED 1 BLOCK NORTH OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2255 0 CO N 0 N 0 yoaeaS dew avo seoenN 30401 Cai ver ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: of Total Due: % of Current Value: 2014DCV-5082-A; Nueces County vs Jacob C Williams 1390-0004-0270; Lot 27, Block 4, Carver Addition 2805 Nogales - Corpu:3 Christi May 7, 2019 15,232.32 4,000.00 2,021.50 5,008.00 26.26% 79.87% Entity Narne Amount Due Each Entity $1,946.07 Amount You Will Receive $226.22 Nueces County City of Corpus Christi $2,356.57 $273.94 Corpus Christi Independent Schooi District $4,979.65 $578.86 Del Mar College $1,017.20 $118.24 City Paving & Demo Liens $4,932.83 $781.24 A VACANT RESIDENTIAL LOT, 42 FTX 94 FT, LO1.3ATED 1/2 BLOCK EAST OF ROSE SHAW ELEMENTARY SCHOOL. THE PROSPECTIVE PURCHASER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2267 090M=d,g9L=paz/yaeasdewiwoa uogewomearuisseooedadirsdpq b• ir4 KitW to / a SN\ / 8 <13 1 co CI J o �.i Airper7 Rd Ctv ye nne St '_, t. X N rn V m ;.2 p� 01 N -p_ (13 yaeag dew ado saaanN ..,.. . . . . -P".14%, 7- • :. Cyl,• t , - . , ,..). ‘*- 14111- 2267 29p5 Ai.&les ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: 10-1805-E; Nueces Cc unty vs Clifford R Jones 2486-0007-0027; Traci: D, Lot 2, Block G, Flour Bluff Estates 430 Judie Ct. - Corpus Christi November 5, 2019 15,114.79 7,500.00 3,061.50 12,012.00 49.62% 62.44% Entity NameAmount Due Each Entity $1,833.54 Amount You Will Receive $538.42 Nueces County City of Corpus Christi $2,067.66 $607.17 Flour Bluff Independent School District $4,214.06 $1,237.47 Del Mar College $849.98 $249.60 City Paving & Demo Liens $6,149.55 $1,805.83 A VACANT RESIDENTIAL LOT, 50 FTX 88 FT, LOCATED IN FLOUR BLUFF, ABOUT 4 BLOCKS NE OF THE INTERSECTION Oil SPID @ WALDRON RD. THE PROSPECTIVE PURCHASER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2296 zgsecz=d)ggL=pp,/yoJeasdew/woo.uopwomearursseooedadirsdliq —,. 0 0 Is.) 0 Llamas dein) avo saoanN 2/3o 3ZiJse Cf. ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: of Total Due: % of Current Value: 2014DCV-1269-H; Nueces County vs Virginia Ortegon 2385-0026-0253; A Tr2ict of land, 75 ft x 300 ft, out of the Farias Grant, Abstract 592, AKA Tract 7 of Bartlett Survey of 8.88 acres, unrecorded 4520 Sharpsburg Rd - Corpus Christi November 5, 2019 17,948.34 8,000.00 2,693.50 37,141.00 44.57% 21.54% Entity Name Amount Due Each Entity $3,463.91 Amount You Will Receive $1,024.12 Nueces County City of Corpus Christi $3,626.79 $1,072.28 Calallen Independent School District $8,256.27 $2,441.00 Del Mar College $1,568.41 $463.71 City Paving & Demo Liens $1,032.96 $305.40 A TINY RAMSHACKLE HOUSE ON AN UNPLATTED LOT, 75 FTX 300 FT, ON SHARPSBURG RD, NEAR THE IH-37/HWY 77 INTERCHANGE IN CALALLEN ISD. THE HOUSE IS EITHER A TEAR DOWN OR TOTAL RE -BUILD, IT NEEDS EVERYTHING. THE PROSPECTIVE BUYER IS MARTIN ROMERO OF CORPUS CHRISTI. 2304 https://propaccess.trueautomation.com/mapSearch/?cid=754=230357 0 N 0 N 0 yomeag dej aVO saoanN 301/ i. ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2012DCV-3703-E; Nueces County vs Marshall McCoy 4072-0006-0140; Lot 14, Block 6, La Pascua #2 Subdivision Property Location: 4550 Jose Dr. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: of Total Due: % of Current Value: December 3, 2019 36,442.38 15,000.00 3,379.50 49,110.00 41.16% 30.54% Entity Name Amount Due Each Entity $5,692.52 Amount You Will Receive $1,815.19 Nueces County City of Corpus Christi $6,985.26 $2,227.41 West Oso Independent School District $16,816.02 $5,362.18 Del Mar College $3,042.36 $970.13 City Paving & Demo Liens $3,906.22 $1,245.59 A ONE STORY WOOD FRAME HOUSE ON PIER & BEAM, 816 SQ FT, ON A 50 FT X 105 FT LOT. LOCATED IN THE MOLINA NEIGHBORHOOD OF WEST OSO ISD. THE HOUSE NEEDS EXTENSIVE REPAIRS THRCUGHOUT, BUT APPEARS STRUCTURALLY SOUND. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT OF CORPUS CHRISTI. 2311 £89Z9Z=c1V9L=piooLlaeesdewiwoo•uopwolneani; sseooedadirsdp qO N44914 fJ as A V 0 a.� N g mNW O N tii O WN C N no m Zj' 288514 268512 268510 QNi N b OMNI fT C N iT 268520 re,na N W . 30 O 268524 m V N N 268493 N 10 N 10 N Nm N ii N N N N 268472 N N 268489 268488 O N N E L 24 1 m____) as A V 0 a.� N g mNW O N tii O WN C N no m Zj' 288514 268512 268510 QNi N b OMNI fT C N iT 268520 re,na N W . 30 O 268524 m V pg� N m 268531 268529 N V N N .N 33N .... __ —.- —�- N N N V N N Co CO P N ii N N N N W A N N V V b O j N E L (T W W`1 O, "' O pN N N O j 0 Q>J IMP].. nn O 1 L I "" --"- D R ELVI ^N_ b NNNNN b N N El A N N N N 1 N NN V N m N N m N N q N O N N ha N N NN N N NN A N N N N N N NNN O N pV N O 11 N .N 33N N . 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ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2014DCV-5757-C; Nueces County vs Juanita A Garcia 5281-0006-0180; The youth One-half (1/2) of Lot 18, Block 6, Molina Subdivision No. 2 Property Location: 4337 Angela Dr. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: % of Current Value: January 7, 2020 18,123.94 8,000.00 2,376.50 15,000.00 44.14% 53.33% Entity Name Amount Due Each Entity Amount You Will Receive $427.13 Nueces County $1,376.61 City of Corpus Christi $1,716.54 $532.61 West Oso Independent School District $4,068.85 $1,262.48 Del Mar College $747.36 $231.89 City Paving & Demo Liens $10,214.58 $3,169.39 A VACANT RESIDENTIAL LOT, 50 F X 200 FT, IN -rHE MOLINA NEIGHBORHOOD OF WEST OSO ISD. THE PROSPECTIVE BUYER IS JOSE G. PENA, JP. OF CORPUS CHRISTI. 2323 https://propaccess.trueautomation.com/mapSearch/?cid=75&p=252683 L NW 41 w Vtl3212tl9 CO Of co DARRI fi4 J7R 2 S S V13ONV 0 $ S o ro o W 288157 268030 O W CC 288162 f0 268163 N lof V m 268172 268049 20084 268050 268048 268175 T +� aN o 268185 "8819 268189 N W b N N m O i0, 0 W 00,l W N CO O N N 0 10 q N V 01 N !N10p� W A O N 10qN N N mmm Nm p� N W 14f, '111 p 268203 2682.E 268197 268201 N + g NoN P Vtl3212tl9 CO Of co DARRI fi4 J7R 2 S S V13ONV 0 $ S o ro o W N O m 268030 N W CC it 268037 N N 8 CO N lof o A N N O N O N N c 268049 20084 268050 268048 S N N J N N N V A Li V W ' a N N V H N G N W b N N m O 0 0 W 00,l ___.__I N --H t ig N E a A -G o 1VV 0l 1100 V N p mR N y W W A O tT A + N A N N 1J H N 3 N 13 o N V E A 0 N d 0 N N + g m N E 41 N !g A N o (T W t1 N N g N 1 N N O N ELVI 10 01 W U A DR VSIA13 VEIA13 I]LVIItA DR N t9 N N N N N NN NN �1l0l O N 4N, Imp N N o E. N V N N W N o N N Nm A N N W N qq N N g N N O N N m N N W N N N W N N J N N N V A Li V W ' a N N V H N G N W b N N m N o N OI � N N �! JOSE z JOS N OWE N rnN N N 0l A ttLLii N qy� A 1.0, WNN A 10 N E mNm V N N E. N W m N+l m o Nl N + ttv� N Nl N t0 pE Nl y ii W pqLi N pii, A Lig I E N LNC O+ �LLi O N E 11 W V co toZ nein n N N N W 8 p N g N W V N m 0 b 8 y NV N Nl N 0N� O ti N m N N 0 N N V N N N N N N JNAA A N N W N N N N A V O V o V co 3) 3SOf nSr, rl' pa 2 0 2 ro 01 8 Z3O1VA VAU N Eapt W 1:n: A N o. t8li N coo g N Oo V N m co NI pNp 8 N m O N WN N d N N co N 0 A 113 m 01 N 0) 01 N V N m N o.oo t0 N O N ® 1N� N fT 0, 0l co A mH 121 NN IS CO N N c o N F N E mmN v. N E "3'.' m A N E mN N N. A 8 Q NN E ti I g N 30 W1 mA N tT N W 0001 N N ID 1D VONV1OA W r. Molina Dr 63rrerl 1)1 rt'gelo Dr 14 ti/rl �a Fll 1S Uaj6Ui WOOIk1 LlweeS de j Qyo seoanN 2323 i<337 4w9e/c (fir ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2012DCV-5376-G; Nueces County vs Perry Roberts 2127-0012-0150; Lot 15 and the North 9.2 feet of Lot 16, Block 'L', Don Patricio Subdivision Property Location: 2006 Crestmont St. - Corpus Christi Date of Sale: September 1, 2020 Amount Due All Entities: 37,014.81 Amount of Offer: 5,000.00 Cost of Sale: 2,479.50 Current Value: 16,323.00 of Total Due: 13.51% % of Current Value: 30.63% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County $5,816.90 $396.10 City of Corpus Christi $6,837.81 $465.62 Flour Bluff Independent School District $12,983.52 $884.10 Del Mar College $2,942.36 $200.36 City Paving & Demo Liens $8,434.22 $574.32 A VACANT RESIDENTIAL LOT, 58.4 FTX 145 FT, LOCATED IN FLOUR BLUFF ISD. THE CITY OF CORPUS CHRISTI DEMOLISHED A SUB -STANDARD HOUSE ON THIS PROPERTY IN 2017. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2358 12S 206* Ciesf-iii•toa Ow 35 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 2017DCV-5794-B; Nueces County vs Oscar De Los Santos 7750-0005-0060; Lot 6, Block 5, Saxet Heights No. 2 Addition Property Location: 3769 Wilson Dr. - Corpus Christi Date of Sale: September 1, 2020 Amount Due All Entities: 19,054.45 Amount of Offer: 5,000.00 Cost of Sale: 1,611.50 Current Value: 15,603.00 % of Total Due: 26.24% % of Current Value: 32.05% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County $1,415.84 $251.78 City of Corpus Christi $1,869.52 $332.46 Corpus Christi Independent School District $3,866.00 $687.50 Del Mar College $797.49 $141.82 City Paving & Demo Liens $11,105.60 $1,974.94 A VACANT RESIDENTIAL LOT, COFFIN SHAPED WITH 42.54 FEET OF STREET FRONTAGE AND AN AREA OF 15,603 SQUARE FEET OVERALL. THE LOT IS LOCATED OFF LEOPARD ST., NEAR OAK PARK ELEMENTARY SCHOOL. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2361 84L86Z=d'E9L-pioZ/yo.leasdew/woo•uopwomeamvssaooedaid/rsda}y OtiVd031 U8VdO31 • 1 �$ �/ a w �E\\ op Ems' m .b '> \.TAS YGJ� O Ate / fop oy /"."---",, ' gN \,, ^pE'� - q ' / y E-i N IVB pN,I i/ % N. o j �/\ g\A,,, . ,' !\N ,� G g� o'- 'o OA S� �n i a /„ / g. g ----/ ✓ h\\Ad., A g / N / 1 ) „ /g �: o eR' 4- 4„,„ '1.3 ociNt, S 0 D v 42 CO g Lk 4 N Fla . gatnn F.,:.1 yoJeas dew avo seoanN • • '• • •".1,' s'A at 41s f,t4 • " .04,:•';' • i .• ';,;•:••4.2.;z • , ' • - - . qN3Ot, Alp 0.. • • - ',04,4grtr • •It Vp14.,,,,' tf ;Sp ••••!. A , _ • Vk • 17, Xtek;\:;ikti'l 4:4 ‘. t...3Wpr v:.140. • : !t! '614 '11;7:1•2.' • •141'. • t?' rig _ Vr.76, • 310 Wisp,' bie 23v ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: 10-02415-00-0-E; Nueces County vs Silas Amos 4570-0003-0110; Lot 11, Block 'C', Los Encinos Subdivision Property Location: 1445 Buenos Aires St. - Corpus Christi Date of Sale: Amount Due All Entities: Amount of Offer: Cost of Sale: Current Value: % of Total Due: of Current Value: November 3, 2020 43,433.04 15, 000.00 3,795.50 58,092.00 34.54% 25.82% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County $6,467.87 $1,668.53 City of Corpus Christi $8,073.34 $2,082.69 Corpus Christi Independent School District $16,822.39 $4,339.70 Del Mar College $3,496.39 $901.97 City Paving & Demo Liens $8,573.05 $2,211.61 A SMALL WOOD FRAME HOUSE IN POOR CONDITION ON A 52 FTX 120 FT LOT IN THE LOS ENCINOS NEIGHBORHOOD, NEAR GREENWOOD @ HOLLY RD. THE HOUSE HAS WOOD ROT IN THE RAFTER TAILS, FASCIA, AND SILL BEAMS, AND THE INTERIOR NEEDS EXTENSIVE REPAIR THROUGHOUT. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2365 Llamas cleN avo saoanN 234‘ EXHIBIT B TAX RESALE PROPERTY LIST Item # Suit Number Property Location Amount of Bid City's Portion City's Portion of City Paving and Demo Liens 1 1737 03-1971-B 1520 Mestina $5,000.00 $0.00 $4,935.00 2 1993 2012DCV-5373-D 1539 17th St. 3,000.00 $80.71 $163.92 3 2159 2011DCV-2133-F 720 Francesca St. 800.00 $0.00 $0.00 4 2163 2014DCV-3326-C 3333 Washington 2,000.00 $16.40 $579.43 5 2196 2014DCV-6241-A 3026 Sabinas 3,500.00 $118.26 $1,441.55 6 2201 2014DCV-4365-G 2215 Coleman Ave. 2,575.00 $10.60 $434.94 7 2235 2014DCV-2782-F 812 Francesca St. 850.00 $0.00 $419.49 8 2255 2015DCV-5601-H 3009 Carver 4,000.00 $168.07 $1,348.50 9 2267 2014DCV-5082-A 2805 Nogales 4,000.00 $273.94 $781.24 10 2296 10-1805-E 430 Judie Ct. 7,500.00 $607.17 $1,805.53 11 2304 2014DCV-1269-H 4520 Sharpsburg Rd. 8,000.00 $1,072.28 $305.40 12 2311 2012DCV-3703-E 4550 Jose Dr. 15,000.00 $2,227.41 $1,245.59 13 2323 2014DCV-5757-C 4337 Angela Dr. 8,000.00 $532.61 $3,169.39 14 2358 2012DCV-5376-G 2006 Crestmont St. 5,000.00 $465.62 $574.32 15 2361 2017DCV-5794-B 3769 Wilson Dr. 5,000.00 $332.46 $1,974.94 16 2365 10-02145-00-0-E 1445 Buenos Aires St. 15,000.00 $2,082.69 $2,211.61 Total $ 89,225.00 $ 7,988.22 $ 21,390.85 AGENDA MEMORANDUM Action Item for the City Council Meeting January 26. 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 Cellular Phones and Phone Services for City of Corpus Christi CAPTION: Motion authorizing a three-year service agreement with Cellco Partnership dba Verizon Wireless in an amount not to exceed $1,242,409.32 for cellular phones and phone services, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of $414,136.39 available in various funds. SUMMARY: This motion authorizes a three-year service agreement with Cellco Partnership dba Verizon Wireless to provide cellular phones and phone services for the City of Corpus Christi. BACKGROUND AND FINDINGS: The Information Technology department handles the management and procurement of devices and services. The cellular voice service includes unlimited calls, texts, and data, on cellular voice devices with no limits on throttling at any point. The cellular voice service includes preemption services for first responders which will provide priority service in the event network resources become congested. Contracts and Procurement conducted a competitive Request for Proposals process to obtain proposals from qualified firms to provide cellular phones and phone service. The evaluation committee included City staff from the Information Technology Department and the Strategic Planning Initiative Department. The City received three proposals, one proposal being nonresponsive, and evaluated them against the published criteria. Interviews were conducted, and pricing was evaluated. The final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City. Staff is recommending award to Cellco Partnership dba Verizon Wireless as the highest- ranking firm. ALTERNATIVES: An alternative would be the City would not have cellular phone services and not be able to communicate with departments and have to depend on landlines to communicate. FISCAL IMPACT: The fiscal impact for the various departments in FY 2021 is an amount not to exceed $414,136.39, with the remaining cost to be budgeted in future years. Funding Detail: Various accounting sources available upon request. RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with Cellco Partnership dba Verizon Wireless as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement Cellular Services RFP No. 3243 Sr. Buyer: Minerva Alvarado Proposal Evaluation Verizon AT&T T -Mobile MINIMUM QUALIFICATIONS (PASS/FAIL) Required five years in business performing same services PASS PASS FAIL* No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS) 49 41 Firms' Experience Team's Experience Understanding of Project Scope INTERVIEW (30 PTS) 30 21 Firms' Experience Team's Identification Understanding of Project Scope PRICING (20 PTS) 20 18 Total 7 80 0 * T -Mobile was non responsive. Did not provide the proper documentation. DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D /. uSc: 60 SERVICE AGREEMENT NO. 3243 Cellular Services THIS Cellular Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Cellco Partnership dba Verizon Wireless ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Cellular Services in response to Request for Bid/Proposal No. 3243 ("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 Cellular Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period (s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1,242,409.32, 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 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D 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: Frank De Los Santos Information Technology Department (361) 826-3047 FrankD@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 001 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 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D 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 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Frank De Los Santos IT Business Operations Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: (361) 826-3047 Fax: n/a IF TO CONTRACTOR: Cellco Partnership dba Verizon Wireless Attn: Carlos Zavala Major Account Manager -Gov 2019-A South 10th Street, McAllen, TX 78503 Phone: (956) 483-9613 Fax: (240) 280-3686 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D CONTRACTOR Signature: DocuSigned by: 1W, (,bW Saln b '-CD86E5219D09460... Printed Name: Todd cocci rano Title: vice President -Contracting (wLS) Date: 12/23/2020 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3243 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D Attachment A: Scope of Work 1.1. General Requirements The Contractor will be the provider of wireless telecommunications for the City of Corpus Christi employees, including mobile hotspots for laptop computers, cellular - enabled tablets, SIM only devices, mobile routers, voice-only/standard cellular phones and data/smartphones. 1.2. Scope of Work A. The Contractor shall provide 4G or 5G network coverage or a mixture of 4G or 5G. All services and data need to be provided in at least 98% of the licensed subscribers areas. B. All service plans shall minimally include: 1. Nationwide voice service coverage and common rate plans 2. Unlimited talk, text and data 3. Mobile -to -mobile and mobile -to -fixed line 4. No domestic long-distance charges 5. No domestic roaming charges 6. Three-way calling 7. Caller ID 8. Call Waiting 9. Voice Mail 10.Text messaging C. The Contractor shall have a dedicated account manager who will serve as the main point of contact between the City and the Contractor. 1.3. Invoicing A. Invoices shall be provided in an electronic Excel format by department and phone number. B. Invoices shall be summariezed by department, in addition to the detailed billing. C. Credit memos shall be issued by department in total, in addition to the detailed billing. RFP Template 06.17.19 Page 16 of 25 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D D. Billing shall be the first of every month. 1.4. Special Instructions A. The Contractor shall provide a buy back program for existing cell phones, hotspots and tablets. B. There is a requirement for Static IP addresses to remain the same for the Public Safety group. RFP Template 06.17.19 Page 17 of 25 DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D Attachment B: Bid/Pricing Schedule DATE: November 13, 2020 City of Corpus Christi Pricing Form 1 CONTRACTS AND PROCUREMENT DEPARTMENT RFP No. 3243 Cellular Services Cellco Partnership d/b/a Verizon Wireless PROPOSER PAGE 1 OF 1 DocuSigned by: d d (,bCZiSaln b C.nRfiF521an0a4fin AUTHORIZED SIGNATURE Todd Loccisano, VP - Contract Management 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Item Description Unit Quantity Price Total Price Hardware 1 Cell Phones: (a) Samsung Galaxy S10e* (b) iPhone XR* EA 863 (a) $0.00* (b) $0.00* (a) $0.00* (b) $0.00* Service 2 Cellular Service — 2 gigs** MO 36 $50.05/Mo. per device** $1,801.80/Device** 3 Cellular Service — 3 gigs*** MO 36 $57.75/Mo. per device*** $2,079.00/Device*** 4 Cellular Service — unlimited **** MO 36 $39.99/Mo. per device**** $1,439.64/Device**** Total ' $1,242,409.32 *See Exhibit for details on devices offered at no charge. **See Exhibit for 2 GB Flexible Business Plans for Basic & Smartphones; Monthly Access Fee less discount ***See Exhibit for details on 4 GB Flexible Business Plans for Basic & Smartphones; Monthly Access Fee less discount ****See Exhibit for details on Custom 4G Unlimited Smartphone Plan with Mobile Broadband Priority and Preemption for National Security, Public Safety, and First Responders; Monthly Access Fee 'Our proposed pricing cannot be completely and accurately reflected in the spreadsheet format you have provided. Accordingly, please refer to the attached Exhibit contained in our proposal for details. Addendum No. 1 Page 6 of 6 Verizon Price Proposal Page 1 SDS DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (001) 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 $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 3. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. 3. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services - Services Performed Offsite 06/08/2020 Risk Management - Legal Dept. DocuSign Envelope ID: FE521A4B-2543-4E47-907B-91BD69C8333D Attachment D: Warranty Requirement Warranty is not required for this service agreement; therefore, Section 8 Warranty, subsection 8(A) and 8(B) are null and void. Page 1 of 1 AGENDA MEMORANDUM Action Item for the City Council Meeting January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Parks and Recreation Department TraceyC@cctexas.com (361) 826-3042 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(c�cctexas.com (361) 826-3169 Mowing and Landscape Maintenance for Downtown Group 3 CAPTION: Resolution authorizing a three-year service agreement in an amount not to exceed $113,274.00, with Charlton Holdings dba Lawn in Order of Corpus Christi, Texas for Mowing and Landscape Maintenance for Downtown Group 3, with FY 2021 funding in an amount of $25,172.00 funded in the General Fund. SUMMARY: This resolution authorizes a three-year service agreement with Charlton Holdings dba Lawn in Order for Mowing and Landscape Maintenance for Downtown Group 3. These services are necessary to maintain the highly visible and high trafficked areas. BACKGROUND AND FINDINGS: The Contractor shall provide complete grounds and landscape maintenance for Downtown Group 3 including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. The grounds and landscape maintenance for City parks assist in ensuring that the grounds of each site are safe, secure, and presentable at all times. The groups consist of City parks, parkways, rights- of-way, triangles, and medians. The grounds and landscape maintenance agreements for the downtown area enhance the image of the downtown area by maintaining a high standard of care of all parks, rights-of-way, and medians and to provide a safe and attractive downtown environment for the community. The following areas are included in the Downtown Group 3 maintenance agreement. Location Area Location/Address Acres 1 Artesian Park Chaparral & Twigg 1.04 2 Lower/Upper Broadway Bluff #1 Taylor to Buffalo (±30° slope) 0.13 3 Lower/Upper Broadway Bluff #2 Buffalo to Antelope (±30° slope) 0.22 4 Lower/Upper Broadway Bluff #3 Antelope to Leopard (±30° slope) 0.25 5 Lower/Upper Broadway Bluff #4 Leopard to Lipan (±30° slope) 0.60 6 Lower/Upper Broadway Bluff #5 Lipan to Mesquite (±30° slope) 0.48 7 Lower/Upper Broadway Bluff #6 YMCA Complex to Park (±30° slope) 0.47 8 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02 9 Coopers Alley Planter West Coopers Alley West of Mesquite 0.01 10 Gateway Medians #1 Water to Shoreline 0.05 11 Gateway Medians #la Water to Shoreline (sidewalk easement) 0.02 12 Gateway Medians #2 Chaparral to Water 0.19 13 Gateway Medians #3 Mesquite to Chaparral 0.64 14 Gateway Medians #4 Hwy 181 to Mesquite 0.41 15 Federal Courthouse Behind Courthouse, Chaparral to Water 1.30 16 La Retama Park 500 Mesquite 0.50 17 Mann St. Parking Lot 9800 Block Mesquite 1.55 18 137 Easement 137, Mesquite to Chaparral 0.13 19 Sister City Median 137, Mesquite to Chaparral 0.72 20 Spohn Park 213 Mesquite 0.83 21 Leopard T -Median Lawrence St. to State Spur 407/Schatzell 0.06 TOTAL 9.62 Prior to the proposed agreement with Charlton Holdings dba Lawn in Order, Parks and Recreation utilized the services of Tony's Lawn Service, LLC via a 36 -month service agreement commencing on December 2017 for a total amount not to exceed $120,960.00, or $960.00 per cycle, with 42 cycles annually. Each cycle consisted of servicing 9.56 acres at a rate of $100.42 per acre per cycle. The recommended contractor, Charlton Holdings dba Lawn in Order, will service 9.62 acres per cycle at a rate of $93.45 per acre, or $899.00 per cycle, which is a decrease of $6.97 per acre from the last award 3 years ago. City staff recommend that this proposed agreement remain a three-year agreement to best service the current requirements of Downtown Group 3. The Contracts and Procurement Division conducted a competitive Request for Bids process to obtain bids for new long-term contracts. The City received 12 bids and is recommending the award to William Charlton dba Lawn in Order as the lowest responsive, responsible bidder. ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. The cost for the Parks and Recreation Department to execute the same or similar work with in-house crews for Downtown Group 3 would be an estimated total of $141,969; the cost of labor being an estimated total of $96,969, and the purchase of three appropriately sized zero -turn mowers being an estimated total of $45,000. The Downtown Group 2 areas are too small to accommodate the large equipment that Park Operations currently possesses. Historically, contractors have used smaller zero turn mowers ranging from 42"-52" decks, while Park Operations owns significantly larger zero turn mowers with either 72" decks or 16' decks. Additionally, this does not account for the potential cost of injury to City employees or any potential damages to customer properties which have been accounted for with the service agreements used for contractors. FISCAL IMPACT: The fiscal impact for the Parks and Recreation Department in FY 2021 is an estimated amount of $25,172.00 for this three-year service agreement. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12915 Storm Water Park and Rec Mission Element: 141 Manage and Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement with Willian Charlton dba Lawn in Order as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Resolution authorizing a three-year service agreement in an amount not to exceed $113,274.00, with William Charlton dba Lawn in Order of Corpus Christi, Texas for Mowing and Landscape Maintenance for Downtown Group 3, with FY 2021 funding in an amount of $25,172.00 funded in the General Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for mowing and landscape maintenance for Downtown Group 3 in response to Bid No.3327 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid No.3327 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Mowing and Landscape Maintenance for Downtown Group 3 is William Charlton dba Lawn in Order of Corpus Christi, Texas, for an amount not to exceed $113,274.00 and; WHEREAS in the event the lowest responsive, responsible bidder of any group fails to execute the awarded contract or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that William Charlton dba Lawn in Order is the lowest responsive, responsible bidder for Mowing and Landscape Maintenance for Downtown Group 3 and is awarded a contract for an amount not to exceed $113,274.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Page 1 of 3 Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No.3327. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and landscape maintenance services for the City. Page 2 of 3 PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 City of Corpus Christi Connects and Procurement Department Buyer. Sondra Rodriguez Bid Tabulation RPB No. 3827 Mowing and Landscape Maintenance Mr Downtown Group 3 / Charlton Holdings dba Lawn nOrder Corpus Christi. TX Juan A. Galnares dba Tonys Lawn Services Roc port. T8 MLC La dscaping Corpus Christi. TX Daniel Gonzalez and Alfredo A. Gonzalez dba G Squared Corpus CM1,St!. TX The Nes Group Corpus Christi. TX Apostle Consiroction Enterprises. LLC Corpus Christi. TX WL, LLC Au tin, TX 001,1e Landscaping San Antonio, TX Olympia Landscape Development, Inc Laredo,70 TING, USA Glen Allen, VA Maldonado Nursey and Landscaping, Inc. San Antonio, TX ADK Environmental, Inc. Odem, TX Description ' Cycles per Year Unit Price per Cycle Extended Price UNI Price per Cycle Wended Price Unit Price per Cycle Eide.ed Price UNI Price per Cycle &tended Price Unit Price per Cycle Extended Price UNI Price per Cycle Extended Price Unit Price per Cycle Extended Price Unit Pace per Cycle Extended Price Unit Price per Cycle Extended Price UNI Price per Cycle Wended Price Unit Price per Cycle Extended Price UNI Price per Cycle Extended Price 1 Mowing and Landscape Maintenance for Downtown Group 3 Year 1 42 $ 89900 $ 37,758.00 $ 99942 E 41,975.64 $ 1000.00 $ 42000.00 $ 1,040.00 $ 43480.00 $ 1075.00 $ 45.150.00 $ 1200.00 $ 54400.00 $ 1.556.28 E 6036326 $ 1,731.60 $ 72,72720 $ 1012.00 $ 76,104.00 $ 1077.32 $ 78,84744 $ 2133.11 $ 89590.62 $ 628521 $ 263,999.82 2 for DMowingaowntownnd LandGroup3 scape MointenonVearce 2 42 $ 899.00 $ 37,758.00 $ 99942 $ 41,975.64 $ 1,000.00 $ 42,000.00 $ 1040.00 $ 43480.00 $ 1,075.00 $ 45,150.00 $ 1400.00 $ 58.800.00 $ 1,583.15 $ 66,492.30 $ 1,783.50 $ 74,907.00 $ 1412.00 $ 76,104.00 $ 1277.32 $ 78.847.44 $ 2,199.08 $ 92,361.36 $ 6,285.71 $ 263,99942 3 for MowingDowntaownnd LanGroudscapp3 e MointenonVearce 3 42 $ 899.00 $ 37,758.00 $ 99942 $ 41,975.64 $ 1,000.00 $ 42,000.00 $ 1,040.00 $ 43480.00 $ 1,175.00 $ 49,350.00 $ 1,500.00 $ 63000.00 $ 1,635.07 $ 68472.94 $ 1237.05 $ 77,156.10 $ 1412.00 $ 76,104.00 $ 1277.32 $ 78447.44 $ 2,267.09 $ 95,217.78 $ 6,285.71 $ 263,99942 GRAND TOTAL $ 113,274.00 $ 125,926.92 $ 126,000.00 $ 131,040.00 $ 139450.00 $ 176,400.00 $ 200,529.00 $ 224,790.30 $ 228212.00 $ 236,542.32 $ 277,169.76 $ 791,999.44 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 4p13S C 60 SERVICE AGREEMENT NO. 3327 Mowing and Landscape Maintenance for Downtown Group 3 THIS Mowing and Landscape Maintenance for Downtown Group 3 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and William Charlton dba Charlton Holdings, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Landscape Maintenance for Downtown Group 3 in response to Request for Bid/Proposal No. 3327 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Landscape Maintenance for Downtown Group 3 ("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, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 13,274.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name : Roberta Rodriguez Department: Parks and Recreation Phone: 361-826-3166 Email: robertao©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Roberta Rodriguez Title: Contracts and Funds Administrator Address: 1201 Leopard St., Corpus Christi, TX 78409 Phone: 361-826-3166 IF TO CONTRACTOR: William Charlton dba Lawn in Order Attn: William Charlton Title: Owner Address: 3402 Crest Lake Dr., Corpus Christi, TX 78415 Phone: 361-533-9076 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 CONTRACTOR Signature: DocuSigned by: '-12307AD350F24D1 Printed Name: W' l' am Charlton Title: owner Date: 12/9/2020 CITY OF CORPUS CHRISTI Kim Baker 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. 3327 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The Contractor shall provide complete grounds and landscape maintenance of Downtown Group 3 including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained as outlined in this Scope of Work. 2. Scope of Work The Contractor shall provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Attachment A-1. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly as part of this scope of work. Revised 09.04.20 Page 1 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 4. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. 5. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. B. Mowing and Trimming 1. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below: Cycles Description ROW / Storm Water Group 3 • Growing Season (March - October ) Weekly - 34 cycles • Non -Growing Season (November - February) Bi -weekly - 8 cycles 2. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 3. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator or designee. 4. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 5. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 6. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, Revised 09.04.20 Page 2 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 7. At the time of each mowing service, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 8. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree everyservicecycle. C. Edging 1. Cut all edges with a mechanical edging device (not a line trimmer) three times per year during the growing season. This includes all curbs and sidewalks. The first edging shall be completed in March, the second in June and the third in October. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. D. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping and Maintenance The Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. A. Weed Control 1. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement Revised 09.04.20 Page 3 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 that is within two feet of said areas. 2. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. B. Mulch 1. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. The Contractor shall mulch at a depth of four inches. 3. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator or designee prior to applying. 4. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. 5. Mulch requirements do not include playground areas. C. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. 3. Remove all materials and debris from trimming operations daily after each Revised 09.04.20 Page 4 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 pruning prior to leaving the work site. D. Application of Pesticides 1. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. 2. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: a. Ornamental Plant and Shrub Control b. Pest Control 3. No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. Pesticide treatment of trees is not required under this contract. 7. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Attachment A-1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. Revised 09.04.20 Page 5 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the Contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Revised 09.04.20 Page 6 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 6. Safety Requirements A Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 7. Equipment A The Contractor's grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies (adequate in kind, quantity and quality) for professionally performing these services in manner that is satisfactory to the City's Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers (size of mower will vary per location) or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. Revised 09.04.20 Page 7 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 8. Security and Protection of Property A Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 9. Notification and Inspections A Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 pm, the day the location was missed. No work shall be done without proper, priornotification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowed rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within on business day of the rejection will be deemed incomplete for the cycle and the Contractor will not be given credit. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The City Inspector shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will Revised 09.04.20 Page 8 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 deem the property un -serviced and will need to be completed in its entirety within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee on the invoice before submitting for payment. C. The Contractor shall submit invoices ONLY after cycles are completed. Each location within a group has a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. The Contractor will adjust incomplete cycle payment to reflect the locations missed based on the average price per acre. M The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Revised 09.04.20 Page 9 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 Attachment A-1: Downtown Group 3 Locations and Maps Location Area Location/Address Acres 1 Artesian Park Chaparral & Twigg 1.04 2 Lower/Upper Broadway Bluff #1 Taylor to Buffalo (±30° slope) 0.13 3 Lower/Upper Broadway Bluff #2 Buffalo to Antelope (±30° slope) 0.22 4 Lower/Upper Broadway Bluff #3 Antelope to Leopard (±30° slope) 0.25 5 Lower/Upper Broadway Bluff #4 Leopard to Lipan (±30° slope) 0.60 6 Lower/Upper Broadway Bluff #5 Lipan to Mesquite (±30° slope) 0.48 7 Lower/Upper Broadway Bluff #6 YMCA Complex to Park (±30° slope) 0.47 8 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02 9 Coopers Alley Planter West Coopers Alley West of Mesquite 0.01 10 Gateway Medians #1 Water to Shoreline 0.05 11 Gateway Medians # 1 a Water to Shoreline (Sidewalk easement) 0.02 12 Gateway Medians #2 Chaparral to Water 0.19 13 Gateway Medians #3 Mesquite to Chaparral 0.64 14 Gateway Medians #4 Hwy 181 to Mesquite 0.41 15 Federal Courthouse Behind courthouse, Chaparral to Water 1.30 16 La Retama Park 500 Mesquite 0.50 17 Mann St. Parking Lot 9800 Block Mesquite 1.55 18 137 Easement 137, Mesquite to Chaparral 0.13 19 Sister City Median 137, Mesquite to Chaparral 0.72 20 Spohn Park 213 Mesquite 0.83 21 Leopard T -Median Lawrence St. to State Spur 407/Schatzell 0.06 TOTAL 9.62 r ri Ttiwig2 Twigg - } —._.'i _- _ .i:3, 1fi'" r: ,donYVarehouse h"?r' �- ■ y4 ~. `: - -3 � •s ••x51 esi= p�Y . - tis: ,Y_- _ "•y_ • •• rFir ,Friday - . - ~Fi Willi_ . ,. r ... lel lb %, . _ _Air - - � • _• jam, i fYt i ■ OG ■ ., y; rtw k j - `11 k Illi[[ . _• ` • - _ __., A _. .1 i. , ti L-- - mu - - 1 - ,. p- '- lia 9 ,.- IF— , 17- v..- ,..-- .,. ,ice - .w-1-- - Ark 111.1F f-,' c_, r -i 11-,fr- - Gs Revised 09.04.20 Page l0 of 20 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 IablILtIo! risti . DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 000uSignEnvelope ID: Fu78Es3O-A28A-44OE-8orr-Fc8151614F1r DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 Group 3- 12 Gateway Medians ##2 14, 0.19 Aocres DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 000uSignEnvelope ID: F278Es30-A28A-440E-8or7-F28151614F17 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 Appraisal-Adrrims f.. Rebel Toad Bre}nrirfg GCB 3 O St . Par TYtI�• ServG�es V'CeBrl'Lj gi t lrernporariIyr -used DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 Date: CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 3327 Mowing and Landscape Maintenance for Downtown Group 3 \-Z5- Zo Bidder: LI -WN IN Q?Dem. Authorized Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for they purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code N Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item 2 3 Description Mowing and Landscape Maintenance for Downtown Group 3 Year 1 Mowing and Landscape Maintenance for Downtown Group 3 Year 2 Mowing and Landscape Maintenance for Downtown Group 3 Year 3 Cycle 42 42 42 Unit Price Per Cycle Extended Price X899 GRAND TOTAL 371738 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. 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 Page 1 of 3 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 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 Page 2 of 3 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3327, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: F278EB30-A28A-440E-9BF7-F28151614F17 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3327, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page lof 1 AGENDA MEMORANDUM Action Item for the City Council Meeting January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Parks and Recreation Department TraceyC@cctexas.com (361) 826-3042 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(c�cctexas.com (361) 826-3169 Mowing and Grounds Maintenance for Downtown Group 2 CAPTION: Resolution authorizing a two-year service agreement in an amount not to exceed $134,400.00 with Manning Lawn Care and Landscaping, LLC of Corpus Christi, Texas, for Mowing and Grounds Maintenance for Downtown Group 2, with FY 2021 funding in an amount of $44,800.00 funded in the Visitor Facility Fund. SUMMARY: This resolution authorizes a two-year service agreement for with Manning Lawn Care and Landscaping, LLC for Mowing and Grounds Maintenance for Downtown Group 2. These services are necessary to maintain presentable grounds. BACKGROUND AND FINDINGS: The mowing and grounds maintenance for City parks assist in ensuring that the grounds of each site are safe, secure, and presentable at all times. Downtown Group 2 consists of City parks, parkways, rights-of-way, triangles, and medians. The mowing and grounds maintenance agreements for the downtown area enhance the image of the downtown area by maintaining a high standard of care for all parks, rights-of-way, and medians. This helps to provide a safe and attractive downtown environment for the community. The following areas are included in the Downtown Group 2 maintenance agreement. Item Maintenance Area Location Acres 1 Chaparral Circle Mesquite & Chaparral 0.07 2 Chaparral St. Tree Wells 137 to Brewster 0.02 3 Harbor Playhouse Grounds 1 Bayfront Park, Chaparral St. 1.54 4 Heritage Park 1500 Blk. Chaparral, Hughes to Fitzgerald 4.78 5 Lot 12, Vacant Lots Mesquite St., Resaca to Hughes 1.37 6 Mesquite Medians Brewster to Hirsch, (water tower) 0.45 7 Mesquite Medians Hirsch to Harbor 0.44 8 Mesquite Medians Mesquite @ Museum of Sci & Hist 0.26 9 Museum of Sci & Hist, Lot 26 1900 N. Chaparral 5.30 10 Old Bayview Cemetery Ramirez & Waco 3.14 11 Oveal Williams Sr. Center 1414 MLK Dr. 1.37 12 Seaman's Center Lot 1501 Mesquite 1.06 13 American Bank Center Lot 10 Hughes & Chaparral 2.45 15 American Bank Center Lot 21 & Triangle & AMC Triangle Convention Center Entrance @ Hughes 1.10 16 American Bank Center Lot 24 Brewster & Chaparral 1.02 17 American Bank Center Lot 25 Hirsch & Chaparral 0.76 18 American Bank Center Lot 5 Fitzgerald to Resaca 2.22 19 TD Maintenance Yard 1709 N. Mesquite 1.38 20 Water Garden Grounds Arts & Sci Park, Chaparral & Hirsch & Corp. Eng. 4.43 21 Bayfront Fountain Park 1800 Blk. N. Shoreline @ Resaca 3.30 22 Park & Rec Office Building Buffalo & Sam Rankin St. 0.85 TOTAL 37.31 Prior to the proposed agreement with MLC Landscaping, LLC, Parks and Recreation utilized the services of Dorame General Repair & Lawn, LLC via a 36 -month service agreement commencing on December 2017 for a total amount not to exceed $193,410.00, or $1,535.00 per cycle, with 42 cycles annually. Each cycle consisted of servicing 36.44 acres at a rate of $42.12 per acre per cycle. The recommended contractor, MLC Landscaping, LLC, will service 37.31 acres per cycle at a rate of $42.88 per acre, or $1,600 per cycle, which is an increase of $.76 per acre from the last award 3 years ago. The proposed agreement has been reduced from three years to two years because the Downtown Group 2 locations cover the tourist areas along Shoreline, Museums and City Hall, which are high profile areas, and the shorter term allows the City to assess the contractor and increase/decrease the contract value more responsively in accordance with demand. The Contracts and Procurement Division conducted a competitive Request for Bids process to obtain bids for new long-term contracts. The City received 11 bids and is recommending the award to Manning Lawn Care Landscaping, LLC, as the lowest responsive, responsible bidder. ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. The cost for the Parks and Recreation Department to execute the same or similar work with in-house crews for Downtown Group 2 would be an estimated total of $170,361, with the cost of labor being an estimated total of $125,361 and the purchase of three appropriately sized zero -turn mowers being an estimated total of $45,000. The Downtown Group 2 areas are too small to accommodate the large equipment that Park Operations currently possesses. Historically, contractors have used smaller zero turn mowers ranging from 42"-52" decks, while Park Operations owns significantly larger zero turn mowers with either 72" decks or 16' decks. Additionally, this does not account for the potential cost of injury to City employees or any potential damages to customer properties which have been accounted for with the service agreements used for contractors. FISCAL IMPACT: The fiscal impact for Parks and Recreation in FY 2021 is an estimated amount of $44,800.00 for this two-year service agreement. The remaining cost will be budgeted in future years through the annual budget process under the Visitor Facility Fund 4710 for Mowing and Grounds Maintenance Services. FUNDING DETAIL: Fund: 4710 Visitor Facility Organization/Activity: 12930 Bayfront Arts and Sciences Mission Element: 141 Manage and Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year service agreement with Manning Lawn Care and Landscaping, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Resolution authorizing a two-year service agreement in an amount not to exceed $134,400.00 with Manning Lawn Care and Landscaping, LLC of Corpus Christi, Texas, for Mowing and Grounds Maintenance for Downtown Group 2, with FY 2021 funding in an amount of $44,800.00 funded in the Visitor Facility Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for mowing and grounds maintenance for Downtown Group 2 in response to Bid No.3228 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid No.3328 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Mowing and Grounds Maintenance for Downtown Group 2 is Manning Lawn Care and Landscape, LLC of Corpus Christi, Texas, for an amount not to exceed $134,400.00 and; WHEREAS in the event the lowest responsive, responsible bidder of any group fails to execute the awarded contract or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Manning Lawn Care and Landscaping, LLC is the lowest responsive, responsible bidder for Mowing and Grounds Maintenance for Downtown Group 2 and is awarded a contract for an amount not to exceed $134,400.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Page 1 of 3 Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidder in accordance with the terms and conditions stated in Bid No.3328. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. Page 2 of 3 PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 CHy of Corpus Christi Contracts and Procurement Department Buyer: Sandra Rodriguez Bid Tabulation RFB No, 3328 Mowing and Grounds Maintenance for Downtown Group 2 Manning Lawn Care and Landscaping, LLC Corpus Christi, TX The Ares Group Corpus Christi, TX Daniel Gonzalez and Aldredo A. Gonzalez dba G Squared Corpus Christi, TX Darame General Repair and Lawn, LLC Corpus Christi, TX Juan A. Galnarez dba Tony's Lawn Services Roc port, TX W Au E, LLC tin, TX William Charlton dba Lawn 'n Order Corpus Christi, TX Maldonado Nursery & Landscape, Inc. San Anontio, TX Olympia Development, Laredo. Landscape Inc. TX Cutnte, LLC San Antonio, TX ADK Environmental, Inc Odem, TX Hem DeurlpHon Cycles Per Y Year UnH Prke Extendetl Price UnH Prke Extendetl Price UnH Prke Extended Price UnH Prke Extendetl Noe UnH Price Extendetl Price UnH Prke Extended Price UnH Price Extended Price UnH Price Extended Price UnH Prke Extended Mee UnH Prke Extended Price UnH Prke Extended Price Mowing and Grounds Maintenance for Downtown Group 2 Year 1 42 $ 1,600.00 $ 67,200.00 $ 1/85.00 $ 74,970.00 $ 1,800.00 $ 75,600.00 $ 2,035.00 $ 85,470.00 $ 2,488.00 $ 104,496.00 $ 3,297.86 $ 138,510.12 $ 3,500.00 $ 147,000.00 $ 3,882.63 $ 163,070.46 $ 4,223.00 $ 177,366.00 $ 5,596.50 $ 235,053.00 $ 24,378.35 $ 1,023,890.70 2 Mowing and Grounds Maintenance for Downtown Group 2 Year 2 42 $ 1,600.00 $ 67,200.00 $ 1,785.00 $ 74,970.00 $ 1,800.00 $ 75,600.00 $ 2,035.00 $ 85,470.00 $ 2,488.00 $ 104,496.00 $ 3,380.31 $ 141,973.02 $ 1500.00 $ 147,000.00 $ 4,002.71 $ 168,113.82 $ 4,223.00 $ 177,366.00 $ 5,764.00 $ 242,088.00 $ 24,378.35 $ 1,023,890.70 GRAND TOTAL $ 134,400.00 $ 149,940.00 $ 151,200.00 $ 170,940.00 $ 208,992.00 $ 280,483.14 $ 294,000.00 $ 331,184.28 $ 354,732.00 $ 477,141.00 $ 2,047,781.40 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB gyUS c: 60 SERVICE AGREEMENT NO. 3328 Mowing and Grounds Maintenance for Downtown Group 2 THIS Mowing and Grounds Maintenance for Downtown Group 2 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and Manning Lawn Care and Landscaping, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Downtown Group 2 in response to Request for Bid/Proposal No. 3328 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance for Downtown Group 2 ("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 two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero -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 $134,400.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name : Roberta Rodriguez Department: Parks and Recreation Phone: 361-826-3166 Email: RobertaO©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Roberta Rodriguez Title: Contracts and Funds Administrator Address: 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3166 IF TO CONTRACTOR: Manning Lawn Care and Landscaping, LLC Attn: Troy Manning Title: Owner Address: 7002 Saluki St., Bldg 4, Unit 101, Corpus Christi, TX 78414 Phone: 361-947-3136 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB cu CONTRACTQI igned by: Signature �7 G �w���ea�srn,csacz.. Printed Name: Troy Manning Owner Title: Date: 12/9/2020 CITY OF CORPUS CHRISTI Kim Baker 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. 3328 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 1, 2020 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The Contractor shall provide complete mowing and grounds maintenance for Downtown Group 2 including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained as outlined in this Scope of Work. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit A. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. BIdg.4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense. 4. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Revised 09.04.20 Page 1 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 5. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. B. Mowing and Trimming 1. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description ROW/Storm Water Group 2 • Growing Season (March - October ) Weekly - 34 cycles • Non -Growing Season (November - February) Bi -weekly 8 cycles 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator or designee. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, Revised 09.04.20 Page 2 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing service, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 9. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every service cycle. C. Edging 1. Cut all edges with a mechanical edging device (not a line trimmer) three times per year during the growing season. This includes all curbs and sidewalks. The first edging shall be completed in March, the second in June and the third in October. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. E. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Landscaping Maintenance The Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. A. Weed Control 1. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. Revised 09.04.20 Page 3 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 2. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. B. Mulch 1. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. The Contractor shall mulch at a depth of four inches. 3. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator or designee prior to applying. 4. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. 5. Mulch requirements do not include playground areas. C. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. Revised 09.04.20 Page 4 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. D. Application of Pesticides 1. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. 2. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: a. Ornamental Plant and Shrub Control b. Pest Control 3. No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. Pesticide treatment of trees is not required under this contract. 7. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Attachment A-1 for locations. Revised 09.04.20 Page 5 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the Contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. Revised 09.04.20 Page 6 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 5. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 6. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 7. Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. Revised 09.04.20 Page 7 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 8. Notifications and Inspections A Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 pm, the day the location was missed. No work shall be done without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowed rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within on business day of the rejection will be deemed incomplete for the cycle and the Contractor will not be given credit. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The City Inspector shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will deem the property un -serviced and will need to be completed in its entirety within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee on the invoice before submitting for payment. C. The Contractor shall submit invoices ONLY after cycles are completed. Each location within a group has a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be Revised 09.04.20 Page 8 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB applied to the invoice total for incomplete cycles. The Contractor will adjust incomplete cycle payment to reflect the locations missed based on the average price per acre. M The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Revised 09.04.20 Page 9 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB Exhibit A: Locations & Maps Downtown Group 2 Parks, Medians & Circles ITEM MAINTENANCE AREA LOCATION ACRES 1 CHAPARRAL CIRCLE MESQUITE & CHAPARRAL 0.07 2 CHAPARRAL ST. TREE WELLS 137 TO BREWSTER 0.02 3 HARBOR PLAYHOUSE GROUNDS 1 BAYFRONT PARK, CHAPARRAL ST. 1.54 4 HERITAGE PARK 1500 BLK CHAPARRAL, HUGHES TO FITZGERALD 4.78 5 LOT 12, VACANT LOTS MESQUITE ST, RESACA TO HUGHES 1.37 6 MESQUITE MEDIANS BREWSTER TO HIRSCH, (WATER TOWER) 0.45 7 MESQUITE MEDIANS HIRSCH TO HARBOR 0.44 8 MESQUITE MEDIANS MESQUITE @ MUSEUM OF SCI & HIST 0.26 9 MUSEUM OF SCI & HIST, LOT 26 1900 N. CHAPARRAL 5.30 10 OLD BAYVIEW CEMETERY RAMIREZ & WACO 3.14 11 OVEAL WILLIAMS SR. CENTER 1414 MLK DR. 1.37 12 SEAMAN'S CENTER LOT 1501 MESQUITE 1.06 13 AMERICAN BANK CENTER LOT 10 HUGHES & CHAPARRAL 2.45 15 AMERICAN BANK CENTER LOT 21 & TRIANGLE & AMC TRIANGLE CONVENTION CENTER ENTRANCE @ HUGHES 1.10 16 AMERICAN BANK CENTER LOT 24 BREWSTER & CHAPARRAL 1.02 17 AMERICAN BANK CENTER LOT 25 HIRSCH & CHAPARRAL 0.76 18 AMERICAN BANK CENTER LOT 5 FITZGERALD TO RESACA 2.22 19 TD MAINTENANCE YARD 1709 N MESQUITE 1.38 20 WATER GARDEN GROUNDS ARTS & SCI PARK, CHAPARRAL & HIRSCH& CORP ENG. 4.43 21 BAYFRONT FOUNTAIN PARK 1800 BLK N. SHORELINE @ RESACA 3.30 22 PARK & REC OFFICE BUILDING BUFFALO & SAM RANKIN ST. 0.85 TOTAL 37.31 Revised 09.04.20 Page 10 of 29 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 000uSignEnvelope ID: 5rC5AuE3-oC4s-433r-8Aoo-41s8O85so0Cs DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB Gr9up 2 - 6 Mesquite median WaterTs T er O r 4 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 000uSignEnvelope ID: 5rC5AuE3-oC4s-433r-8Aoo-41s8O85so0Cs DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB loas .;;tate icluseu_m fl of Ashin Cuftures110, 1 .Arl /1,61 A prow arnEfpc slurtens DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB roup 2 - 1, ABC LOT 25 036 acres DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB Bayfront enCe R3f DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB Date: //2-9/202o ATTACHMENT B: BID AND PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 3328 Mowing and Grounds Maintenance for Downtown Group 2 Bidder: f;-0). nu /h Authorized Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: the nric € s in this hid hove hAPn c7rrivPd n t incdPnPndntlywithout nnnsultcition. communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Cycles per Year Unit Price Extended Price 1 Mowing and Grounds Maintenance for Downtown Group 2 Year 1 42 $100 j67I 7-00 2 Mowing and Grounds Maintenance for Downtown Group 2 Year 2 42 WO3 “7//00 GRAND TOTAL SpL/ yO 0 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS 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 Page 1 of 3 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB 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 Page 2 of 3 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required therefor, Service Agreement 3328, Section 5 Insurance; Bond Section 5(B) is here by void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: 5FC5A2E3-DC4E-4337-8AB2-41E9085BDOCB ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3328, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page lof 1 AGENDA MEMORANDUM Action Item for the City Council Meeting January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 Additives for Fleet Vehicles CAPTION: Motion authorizing a three-year supply agreement with Lubrication Specialist, Inc. of Houston, Texas in an amount not to exceed $450,000.00, for the purchase of additives such as transmission fluid, power steering fluid, and diesel system fluids for fleet vehicles, with FY 2021 funding in an amount not to exceed $150,000.00 available in the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year supply agreement with Lubrication Specialist, Inc., through the BuyBoard Purchasing Cooperative. The supplier will provide oil, transmission, power steering, and diesel system additives/fluids stocked by the Asset Management Department for maintenance of Police vehicles and equipment and garbage trucks by the Fleet Maintenance Division. BACKGROUND AND FINDINGS: The Asset Management Department utilizes Lubrication Specialist, Inc. for the maintenance of associated equipment. Use of these additives is essential for necessary and timely maintenance. Asset Management performs the majority of vehicle and equipment repairs in-house. Acquisition of these additives is essential to ensure the execution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these additives will promote a continued high operational readiness of heavy equipment such as brush trucks, police cars and other equipment. This procurement is through the BuyBoard Purchasing Cooperative. The contracts awarded through the BuyBoard Purchasing Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The average percentage of savings through the BuyBoard Purchasing Cooperative contract is 6%. Lubrication Specialist, Inc., is the incumbent supplier of gas and oil additives for fleet vehicles with prices remaining competitive and unchanged. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to utilize individual purchase orders for the purchase of additives on an as needed basis. This would not be as productive and would be much more time consuming. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2021 is an amount not to exceed $150,000.00 for this three-year supply agreement. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Lubrication Specialist, Inc. for the purchase of additives as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARCO LOZANO PRICE SHEET Additives for Fleet Vehicles BuyBoard 629-20 Lubriction Specialist, Inc. dba BG Products Item No. Description One -Year Estimated Spend Qty Unit Extended Cost 1 Additives for Fleet Vehicles with BuyBoard Coop 6% Discount $ 150,000.00 3 Year $450,000.00 Freight / Shipping Included Three Year Total $450,000.00 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 ,y -OS c 0 o H rk 4''oRPOR10- x852 SUPPLY AGREEMENT NO. 3252 Additives for City Fleet THIS Additives for City Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Lubrication Specialist, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Additives for City Fleet in response to Request for Bid No. Buyboard COOP Contract #629-20 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Additives for City Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period (s) "), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $450,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: 361-826-1959 Email: Bsanchez@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 001 must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, BIdg.3B, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: N/A IF TO CONTRACTOR: Lubrication Specialist, Inc. Attn: Dan Butler Title: General Manager Address: 8703 Fallbrook Dr., Houston, Texas 77064 Phone: 832-247-5127 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 CONTRACTOR Signature: DocuSigned by: "-2BE37C71F66C468... Printed Name: Dan Butler Title: Houston Area Manager Date: 12/23/2020 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. Buyboard COOP Contract #629-20 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 ATTACHMENT A: SCOPE OF WORK 1 General Requirements/Background Information The Contractor shall deliver oil, gas, transmission, power steering, and diesel system additives and flushes for the City Fleet on an as needed basis to the Fleet Maintenance Building at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. 2 Scope of Work 1. The Contractor must be adequately equipped, supplied, and staffed to promptly and efficiently meet the City's additive requirements. 2. Product shall be ordered on an as needed basis. 3. Product shall be delivered between the hours of 08:00 am and 05:00 pm, Monday through Friday, not to include holidays. 4. The Contractor shall deliver product within 48 hours of order, unless other arrangements are specified at the time of order. 5. The Contractor shall replace defective or damaged products at no expense to the City. 6. The Contractor shall provide a bill of sale upon delivery. 7. The Contractor shall provide a Safety Data Sheet (SDS) with each product delivery. 8. The Contractor shall abide by BuyBoard Contract # 629-20, which includes a 6% discount on additives, excluding tools and equipment. 3 Special Instructions A. Ordering and Delivery 1. City Fleet Maintenance Staff will place an order on as needed basis. 2. The Contractor shall deliver product to the City Garage, City Service Center located at 5352 Ayers St. Building 3B, Corpus Christi, Texas 78415. 3. If the Contractor is not able to meet delivery deadline, the Contractor shall contact City Staff, concerning any backorders. Specialty items ordered will not be canceled if the Contractor notifies City Fleet Staff within the 5 -day time frame. 4. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 ATTACHMENT B: QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1. Refer to "Sample Service Agreement" Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other vendor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION One -Year Estimated Spend Qty Unit Total Additives with BuyBoard Coop 6% Discount $ 150,000.00 3 Year $ 450,000.00 Freight / Shipping Included $ 0.00 $ 0.00 Three Year Total $ 450,000.00 COMPANY: Lubrication Specialist, Inc. NAME OF PERSON AUTHORIZED TO SIGN: Dan Butler ADDRESS: 8703 Fallbrook Dr. CITY / STATE/ZIP: Houston, Texas 77064 PHONE: 832-247-5127 EMAIL: dbutlerbglsi@gmail.com FAX: SIGNATURE: ,QacuSignad-lay; Pm& DATE: 12/23/2020 '-213E3/L/11-bb(4b8... TITLE: Houston Area Manager THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. RFQ Revised 4.19.2019 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 LSI TX Distributor of BG Products Date 6/15/2020 DEALER PRICE LIST CAT Item # Description Price KITS AUTO 1002 INJECTOR KIT (208,210) each $24.62 AUTO 1003 INJECTOR KIT (201,208) each $34.13 AUTO 10932K247 DSL EPR(10932,11232,247) each $40.79 AUTO 112KX DSL DEPOSIT (112,245) each $23.36 AUTO 1205K OIL KIT(110,PF50022) each $14.02 AUTO 120K OIL KIT(110,120,PF50022) each $35.12 AUTO 120K2 OIL KIT(120,PF50022) each $25.31 AUTO 201K INJ KIT (201,208) each $34.13 AUTO 202DC IND (2026,206,2-211) each $33.81 AUTO 202K IND KIT(2026,206,210) each $21.47 AUTO 202K2 INJ KIT (2026,210) each $13.02 AUTO 202K3 3 PACK OF 202 (3-2026) each $16.85 AUTO 203K3E SERV KIT(203,210,280,4068) each $30.24 AUTO 203K4 SERV KIT(203,211) each $19.01 AUTO 2061K IND KIT (2-206,208,211) each $44.00 AUTO 206K2 PLEN KIT (2026,2-206) each $22.52 AUTO 206K3 PLEN KIT (2-206) each $16.91 AUTO 208K3 IND KIT(208,210,211) each $34.49 AUTO 210K INTAKE (2026,208,210,4068) each $36.91 AUTO 210K2 IND KIT (2-210) each $14.81 AUTO 211INJ INJ KIT (208,211,4068) each $33.76 AUTO 211K2 EGR KIT (2-211,4068) each $26.41 AUTO 2211K EGR KIT (2-211) each $19.74 AUTO 22932K DIESEL CARE KIT(208,22932 each $37.07 AUTO 22932K4 DSL (208,2-22932,PF50022) each $61.11 AUTO 229K DIESEL CARE KIT (208,229) each $24.99 AUTO 248K DSL DEPOSIT (112,248) each $18.80 AUTO 255K DIESEL IND/EGR (24532,2-25532) each $94.34 AUTO 2580 DPF KIT(10932,11232,24432,2581 each $131.99 AUTO 2589 GIANT DPF KIT each $458.96 AUTO 2600 LARGE DPF KIT each $353.96 AUTO 2607 DPF KIT(10932,11232,24532,2581 each $135.14 AUTO 2608 DPF KIT(109,112,245,2581 each $93.56 AUTO 260K2 GDI SERVICE KIT(2-260) each $32.34 AUTO 260K4 TOYOTA SERVICE KIT(4-260) each $64.68 AUTO 260K5 GDI SERVICE KIT(208,4-260) each $81.90 AUTO 260K6 GDI SERVICE KIT(201,208,4-260) each $98.81 AUTO 2901 IV KIT (206,208,210) each $33.08 AUTO 2902 PLEN KIT (2-206,208) each $34.13 AUTO 2903 PLEN KIT (203,206,210) each $24.99 AUTO 2903E PLEN KIT (203,206,210,280) each $32.10 AUTO 2904 PLEN KIT (203,2-206) each $26.04 AUTO 2908 PLEN KIT (206,208) each $25.67 AUTO 2909 IV & INJ KIT(208,210,4068 each $31.29 AUTO 2910 SERV KIT(203,210,4068) each $23.21 AUTO 2911 IV KIT (206,208,2-210) each $40.48 AUTO 2912 ETHANOL CORROS. KIT (212,281) each $12.65 AUTO 2913 ETHANOL DEFENDER KIT(213,281) each $15.86 AUTO 2914 THROTTLE & INTAKE(206,208,4068 each $32.34 AUTO 2917 INDUCTION KIT(203,206) each $17.59 AUTO 2918 SUPER INJ KIT (208,211) each $27.09 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO 2919 IND (203,211,4068) AUTO 2920 IV KIT (206,208,210,4073) AUTO 2921 IV KIT (2-206,208,210) AUTO 2922 IND (203,210) AUTO 2934 THROTTLE BODY (208,4068) AUTO 2935 IND (203,4068) AUTO 2936 IV KIT (206,208,210,4068) AUTO 2938 INTAKE KIT(206,4068) AUTO 2940 IND KIT (210,4068) AUTO 2941 PLENIUM KIT (206,210) AUTO 2942 IND KIT (208,2-210) AUTO 2943 FRN KIT (206,208,2-211) AUTO 2952 INTAKE SERVICE KIT AUTO 2958 PLEN KIT (2-206,208,280) AUTO 2967 DSL24532,2-22932,9700-020 AUTO 2968 DSL(24532,22932,9700-020 AUTO 2972 DIESEL CARE KIT (229,245) AUTO 2984 INJECTOR KIT (208,260) AUTO 30K827 30K (115,203,310,827,330,546) AUTO 30KB IND KIT (206,2-210) AUTO 30KC IND KIT (2-206,2-210) AUTO 30KCE IND (2-206,2-210,280) AUTO 30KD 30K (206,208,211,4068) AUTO 30KDT 30K(116,206,208,211,4068) AUTO 330K2 PS KIT (108,3306) AUTO 4068K IND KIT (2-210,4068) AUTO 4068K2 IND KIT (2026,4068) AUTO 4073K MASS AIR FLOW(206,4073) AUTO 4073K2 MASS AIR FLOW(2-206,4073) AUTO 408K INJ KIT (4068,408) AUTO 5118K2 SMALL CAP KIT (5118,5468) AUTO 511 K2 RAD. KIT (511,546) AUTO 54632K RAD. KIT (54032,54632) AUTO 546K4 RAD. KIT (511,540,2-546) AUTO 587K RAD FLUSH KIT (540,587) AUTO 587K2 RAD FLUSH KIT (511,587) AUTO 587K4 RAD KIT(511,540,2-587) AUTO 5901 RAD. KIT (540,546) AUTO 5902 SMALL CAP RAD (5408,5468) AUTO 5903 RAD. KIT (511,540) AUTO 6403 FRIGI-CLEAN KIT(7083,709) AUTO 6404 A/C CHARGE KIT(708,709) AUTO 6407 NC CHARGE KIT(701,708,709) AUTO 6409 A/C CHARGE KIT(704,7083) AUTO 6410 FRIG! KIT(704,7083,709) AUTO 6537 EPR FLUSH (109,110,203) AUTO 6550 3K SERV KIT (110,203) AUTO 6551 TUNE KIT (110,208) AUTO 6553 ENGINE SERVICE KIT(109,208) AUTO 6554 3K SERV KIT (115,203) AUTO 6554K109 EPR FLUSH (109,115,203) AUTO 6557 TUNE KIT (115,208) AUTO 6567 GDI KIT (109,110,208) AUTO 6569 EPR FLUSH (109,110) AUTO 6575 FD PLAN 1(109,112,245) AUTO 6576 FD PLAN 1(10932,11232,24532) AUTO 6577 MEPS KIT (109,115,208) AUTO 6577WOR MEPS KIT (109,115,208) WOR $25.67 $41.53 $41.53 $16.54 $23.89 $15.80 $39.74 $15.12 $14.07 $15.86 $32.03 $45.41 $40.43 $41.16 $79.43 $59.59 $21.84 $33.39 $61.11 $23.26 $31.71 $38.75 $42.21 $48.88 $13.02 $21.47 $12.29 $16.91 $25.36 $17.22 $13.34 $13.34 $29.93 $28.46 $15.12 $13.34 $28.46 $15.12 $15.12 $10.19 $26.20 $26.72 $32.50 $17.80 $37.49 $26.51 $18.17 $26.46 $24.41 $19.32 $26.51 $27.41 $33.44 $16.54 $30.56 $72.14 $34.60 $33.55 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD AUTO AUTO AUTO AUTO AUTO AUTO HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD AUTO AUTO AUTO AUTO AUTO AUTO AUTO 6579 6581 6591 6591 WOR 6592 6593 6600 6601 6602 6610 6610WOR 6700 6700R 6704 6830 6840 6860 6903 6904 6907 6915 6916 6917 6918 6919 6927 6928 6929 6930 6977 701K 701K3 701KS 702K3 711K 7290 75064K 7507 75096K 750K 751K2 751K3 7520 7527 75296K 752K4 753K3 79296K 792K 792K3 792K4 84032K827 8800 8801 8822 8830 8836 8837 EPR FLUSH (109,115) DIESEL EPR(10932,11232) GDI SERVICE KIT(201,208,2-260) GDI SERVICE KIT(201,208,2-260) GDI SERVICE KIT(208,2-260) GDI KIT(109,115,201,208,2-260 NEW TRANS FLUSH (106,310) SMALL CAP TRANS (106,306) TRANS FLUSH (10632,31032) CVT PLUS FLUSH (106,303) CVT PLUS FLUSH (106,303) wor P/S FLUSH KIT (108,332) RED P/S FLUSH (108,332R) SYN P/S KIT (108,334) RAD. KIT (511,540,546) RAD FL KIT(511,540,587) SM CAP (5118,5408,5468) PVP DIESEL KIT (SMALL) PVP DIESEL KIT (LARGE) PVP KIT (CVT) W/ ELECT. PS PVP KIT (AUTOMATIC) PVP KIT (CVT) PVP KIT (MANUAL) PVP KIT (AUTO & ELECT PS) PVP PRE -OWNED (115,203) PVP KIT LARGE DIESEL ENG PVP KIT (AUTOMATIC)w827 PVP KIT (CVT)w827 PVP KIT (AUTO & ELEC. PS)w827 FOREVER DIESEL PLAN 2 KIT NC KIT (701,708) FRIGI KIT(701,7083,709) A/C KIT (701,7083) R-1234YF NC KIT(721,7083,709) FRIGI-FL. KIT(2-711,7018) DRIVELI N E(328,79264) DRIVELI N E(328,75064) DRIVELI N E(328,2-750) DRIVELI N E(328,75096) DRIVELI N E(328,3-750) DRIVELINE(2-75132) DRIVELINE(3-75132) DRIVELI N E(328,75264) DRIVELI N E(328,2-752) DRIVELI N E(328,75296) DRIVELI N E(328,3-752) DRIVELINE(3-75332) DRIVELI N E(328,79296) DRIVELI N E(328,2-79232) SYNCRO SHIFT II (3-79232) DRIVELI N E(328,3-79232) BRAKE KIT (827,84032) BATTERY SERV KIT(985,885)@ BATTERY SERV KIT(986,885)@ BRAKE KIT (4038,860) BRAKE KIT (4038,84032) BRK KIT(4038,605BK,860) BRAKE KIT (605BK,860) $17.38 $36.59 $66.47 $65.15 $49.56 $83.84 $17.06 $14.23 $40.11 $16.38 $15.86 $27.46 $27.46 $44.69 $19.32 $19.32 $19.32 $65.63 $65.63 $65.63 $65.63 $65.63 $65.63 $65.63 $34.65 $82.43 $81.38 $81.38 $81.38 $188.58 $12.81 $31.97 $12.29 $31.97 $43.47 $35.60 $42.95 $42.95 $59.85 $59.85 $38.96 $58.43 $50.30 $50.30 $70.88 $70.88 $69.46 $48.83 $35.60 $39.69 $48.83 $28.04 $7.46 $7.46 $13.18 $19.48 $14.33 $7.14 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO 8839 BRK KIT(403,605BK,860) AUTO 97JDX DSL(2-24532,2-22932,020 AUTO 97K208 DIESEL(208,22932,9700-020 AUTO 97K245 DSL(245,22932,9700-020) AUTO 97K5X DSL(2-24532,3-22932,9700-020) AUTO 97K6X DSL(24532,3-22932,9700-020) AUTO ACPK MINI TUNE KIT(208,985)@ AUTO D109K112 EPR FLUSH (109,112) AUTO D255F FORD DIESEL IND/EGR KIT(24532) AUTO D6555 QUICK/DOC (105,112) AUTO DCK DEPOSIT KIT (2026,206,211) AUTO EGR EGR KIT (208,2-211) AUTO EGR202 EGR (2026,208,2-211) AUTO EGR206 EGR/IND KIT(206,208,3-211 AUTO EGR211 EGR KIT (206,208,4-211) AUTO EGR3 EGR KIT (3-211) AUTO EGR3K DSL KIT(11232,25532,406) AUTO EGR4 EGR KIT (4-211) AUTO EGRMAX DSL IND/EGR10932,11232,2-25532 AUTO EPKA ENG PURGE KIT (110,120) AUTO EX211 EX/EGR KIT (208,3-211) AUTO FD2580 FD KIT(22932,25532,9700-020) AUTO FX211 EX/EGR KIT(208,3-211,4068 AUTO GTK TUNE KIT (2026,208,985) AUTO GTK2 GTK 2 CAN (2026,208) AUTO GTK50 TUNE KIT (2026,208,986) AUTO IND IND (2026,208,2-210,4068) AUTO IND203K INDUCTION KIT(203,206,211 AUTO IND206 IND KIT (206,211) AUTO IND211 IND (206,208,210,211) AUTO IND255GMX GM DIESEL IND KIT AUTO IND255R60 FORD DSL IND/EGR 6 LTR AUTO IND255R64 FORD DSL IND/EGR 6.4 LTR AUTO IND255SPX SPECIAL DIESEL IND KIT AUTO IND255X FORD DIESEL IND/EGR KIT AUTO INJ INJ(208,210,211,4068) AUTO INJ2 IND KIT (203,2-210) AUTO INJ202 IND KIT (2026,210,4068) AUTO INJ255FX FORD DSL IND/EGR/INJ KIT AUTO INJ255X FORD DSL IND/EGR/INJ KIT AUTO INJ408 IV & INJ KIT(208,4068,408 AUTO INJ44 INJECTOR KIT (208,408) AUTO INV210 INTAKE KIT(208,2-210,4068 AUTO INV211 PLEN/IV KIT (206,208,211) AUTO KD25-N1C4 DIESEL EGR SERVICE KIT AUTO KE04-N1C8 CYCLE MEPS KIT (1096,1166,2086 AUTO KE05-N1C8 CYCLE MEPS KIT (1096,1166,2036 AUTO KE06-N1C8 CYCLE MEPS KIT (1096,1166,2136 AUTO KE07-N1T8 HYBRID KIT (109,115,208) AUTO KE09-N1T1 DYNAMIC ENG CLEANER KIT AUTO KE10-N1C6 DYNAMIC ENG CLEANER KIT QT AUTO KE91-N1T1 DIESEL DYN ENG CLEAN KIT -11 OZ AUTO KE92-N1C1 DIESEL DYN ENG CLEAN KIT -QT AUTO KF64-N1T8 PLATINUM FUEL KIT(208,2-261) AUTO KF65-N1TD PLATINUM FUEL KIT(208,261) AUTO KT18-N1C4 TRANS SERVICE KIT (3106,3121) AUTO KT19-N1C4 CVT SERVICE KIT (303, 4-31832) AUTO PP5901 RAD. KIT (540,546) $13.81 $114.98 $41.27 $38.12 $138.23 $102.69 $21.26 $16.49 $140.12 $15.38 $23.94 $36.96 $42.58 $55.28 $65.15 $29.61 $56.44 $39.48 $95.39 $30.92 $46.83 $53.45 $53.50 $26.88 $22.84 $26.88 $44.31 $27.46 $18.32 $42.95 $101.54 $104.58 $95.39 $130.94 $132.09 $41.16 $23.94 $19.69 $164.17 $159.55 $34.44 $27.77 $38.69 $35.54 $56.96 $23.21 $17.96 $17.96 $34.60 $223.76 $35.70 $219.71 $250.90 $77.07 $47.15 $44.73 $71.52 $17.35 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO PPKE07-N1C8 MEPS KIT (109,115,208) AUTO RIK2062 INTAKE KIT(2-206,4068) AUTO TK2 TUNE KIT (110,2026,208) AUTO 103192 DYNAMIC ENGINE CLEANER AUTO 106 QUICK CLEAN FOR TRANS. AUTO 10632 QUICK CLEAN FOR TRANS. AUTO 106WOR QUICK CLEAN FOR TRANS. WOR AUTO 107 RF -7 AUTO 108 QUICK CLEAN FOR P/S AUTO 109 109 EPR AUTO 10932 109 EPR AUTO 10964 EPR AUTO 10996 EPR AUTO 110 ADVANCED MOA AUTO 112 DOC DIESEL OIL CONDITIONE AUTO 11232 DIESEL OIL CONDITIONER AUTO 11264 DIESEL OIL CONDITIONER AUTO 11296 DOC AUTO 115 EXTENDED LIFE MOA AUTO 1166 ENGINE PERFORMANCE AUTO 12032 ENGINE PURGE AUTO 201 FUEL INJ & COMBUST. CHAMBER AUTO 2026 SUPERCHARGE 11 AUTO 203 CF5 AUTO 2036 CF5 AUTO 206 AIR INTAKE SYSTEM CLNR AUTO 208 44K AUTO 20811 44K BOTTLE (no chip) AUTO 20932 MV FUEL INDUCTION CLNR AUTO 210 FUEL INDUCTION CLNR AUTO 211 INDUCTION SYSTEM CLNR AUTO 2126 ETHANOL CORROSION PREVENTER AUTO 213 ETHANOL FUEL SYSTEM DEFENDER AUTO 2136 ETHANOL FUEL SYSTEM DEFENDER AUTO 22532 DFC HIGH PRESSURE(1-2000) AUTO 2256 DFC HP (6oz treats 100 gal) AUTO 22732 DIESEL FUEL COND W/LUBE AUTO 2276 DFCw/DPL (TREATS 125 gal) AUTO 229 DIESEL CARE AUTO 22932 DIESEL CARE AUTO 23032 DIESEL FUEL COND W/PD AUTO 23232 DFC PLUS FOR HIGH PRESSURE AUTO 23711 DFC+ HP Extra Cold Weather AUTO 23811 DFC+ HP Xtra CW Cetane Improv AUTO 2426 DFC PLUS HP EASY TREAT AUTO 245 245 FOR DIESELS AUTO 24532 245 FOR DIESELS AUTO 24564 245 FOR DIESELS AUTO 24596 BG 245 FOR DIESELS AUTO 2476 DFC WITH LUBE AUTO 248 MAXIMUM DIESEL AUTO 25532 DIESEL ISC IND SYS CLNR AUTO 25632 DIESEL THAW AUTO 260 GDI INTAKE VALVE CLEANER AUTO 260WOR GDI INTAKE VALVE CLEANER WOR AUTO 261 PLATINUM AIR INTAKE CLNR AUTO 280 FUEL SYSTEM DRIER AUTO 281 ETHANOL FUEL SYSTEM DRIER $39.27 $23.57 $32.34 $126.00 $6.51 $14.07 $6.51 $8.09 $6.67 $6.93 $17.59 $35.18 $52.76 $10.19 $9.29 $19.01 $38.01 $57.02 $10.19 $6.67 $21.11 $16.91 $5.62 $9.14 $6.35 $8.45 $17.22 $17.22 $24.62 $7.40 $9.87 $5.62 $8.82 $6.35 $31.29 $8.45 $24.62 $7.04 $7.77 $19.85 $26.78 $29.56 $11.24 $11.97 $5.62 $14.07 $35.54 $71.09 $106.63 $4.20 $9.50 $29.40 $12.34 $16.17 $14.70 $29.93 $7.04 $7.04 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO 303 CVT PLUS 310 ATC PLUS 31032 AUTOMATIC TRANS. COND 3106 SMALL CAPACITY ATC PLUS 325 MULTI -GEAR CONC 328 LSII 3306 POWER STEERING COND 332 POWER ST. SERV FLUID 332R RED POWER ST. SERV FLUID 334 SYNTHETIC POWER ST. FLUID 402 BRAKE & CONTACT CLNR 403 NON -CHLOR BRAKE 4038 NON -CHLOR BRAKE CLEANER 406 AIR INTAKE CLEANER 4068 AIR INTAKE CLEANER 4073 MASS AIR FLOW SENSOR CLNR 408 INJECTOR CLNR (AERO) 411 CARB & CHOKE CLEANER 412 HI -DELIVERY CARB 416 SILICONE LUBRICANT 417 ENGINE DEGREASER 435 FRE -IT 438 IN FORCE 4383 IN FORCE 460 GLASS CLEANER 462 CARPET & UPHOLSTERY 480 WHITE LITHIUM GREASE 482 BG MOLY DRY LUBE 483 DIELECTRIC GREASE 485 BATTERY CLEANER 490 IGNITION & BATTERY 495 CHAIN LUBE 495F FARM & INDUSTRIAL CHAIN LUBE 498 HCF SPRAY GREASE 511 COOLING SYSTEM SEALER 540 COOLING SYSTEM CLEANER 54032 COOLING SYSTEM FLUSH 5408 SMALL CAPACITY RAD FLUSH 546 UNIVERSAL SUPER COOL 54632 UNIVERSAL SUPER COOL 5468 SMALL CAPACITY SUPER COOL 587 PF4 INHIBITOR COMPLETE 58732 AB COMPLETE 6081 SS2000 GREASE 698 INTERIOR RENEW NEW -CAR 699 INTERIOR RENEW LEATHER 701 UNIVERSAL FRIGI-QUIET 7018 UNIVERSAL FRIGI-QUIET 702 FRIGI-QUIET FOR R-1234YF 704 FRIGI-CHARGE 7073 FRIGI-FRESH, SCENT FREE 708 FRIGI-FRESH 7083 FRIGI-FRESH 709 FRIGI-CLEAN 825 PRE -LUBE 827 BRAKE FLUID CONDITIONER 83532 BRAKE FLUSH - SUPER DOT4 8402 BRAKE FLUSH - DOT4 $9.87 $10.55 $26.04 $7.72 $8.09 $9.14 $6.35 $20.79 $20.79 $38.01 $8.19 $6.67 $7.19 $8.03 $6.67 $8.45 $10.55 $8.51 $8.51 $6.93 $7.88 $7.25 $8.82 $5.36 $5.04 $6.46 $7.88 $7.40 $9.45 $6.62 $10.71 $7.56 $8.82 $10.08 $4.20 $5.99 $13.39 $5.99 $9.14 $16.54 $9.14 $9.14 $18.38 $9.14 $11.29 $11.29 $5.78 $14.75 $5.78 $11.29 $6.51 $7.04 $6.51 $19.69 $7.77 $15.75 $19.69 $125.21 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO HARD AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD HARD MACH MACH MACH HARD HARD HARD HARD HARD HARD HARD HARD MACH MACH MACH HARD HARD 84032 84064 8412 84132 84164 8502 85032 860 876 878 885 890 9822 985 986 P103-N1Q1 P338-N1Q1 P339-N1Q1 P340-N1Q1 P405-CCA3 PC03-N1 PD PC04-N1 PD PC05-N1 PD PC06-N1 PD PC07-N1 PD PD09-N 1 01 PE04-N1GA PE04-N1Q1 PF06-N1A5 9060 907 H B 908H 908T 911 914 917-2 918 9209 9240 9245S 9255-550 9290-300 9300W0 937 939 9408 9690 9690-06 9698 9700-550 9700-650 9700-750 9800-500 CT2NEW CT4 CT6 E101-1178 E101-1249 BRAKE FLUSH - DOT4 BRAKE FLUSH - DOT4 BRAKE FLUSH - LOW VIS DOT4 BRAKE FLUSH - LOW VIS DOT4 BRAKE FLUSH - LOW VIS DOT4 BRAKE FLUSH - DOT3 BRAKE FLUSH - DOT3 STOP SQUEAL QUICK HEADLIGHT RESTORER TOWELS BATTERY CLEANER WINDSHIELD WASHER CLASS ACT WINDSHIELD WASHER TOP POST BATTERY PAD SIDE POST BATTERY PAD DYNAMIC ENGINE CLEANER QT ELECTRIC POWER ST. FLUID ELECTRIC POWER ST. ORANGE ELECTRIC POWER ST. GREEN AIR INTAKE CLEANER 10% VOC ORANGE DYE (1 BOTTLE/ DRUM) GREEN DYE (2 BOTTLES/DRUM) BLUE DYE (1 BOTTLE/ DRUM) PURPLE DYE (1 BOTTLES/DRUM) PINK DYE (1 BOTTLES/DRUM) HEAVY DUTY FSPR FUEL SYS PERF DYNAMIC ENGINE CLEANER RINSE DYNAMIC ENGINE CLEANER RINSE Q BG AEROSOL CARBON ELIMINATOR GDI SERVICE TOOLS TURBO IV & INTAKE TOOL INJECT -A -FLUSH TOOL(AERO) INJECT -A -FLUSH TOOL(TOP) FRIGI-FLUSH'R TOOL ADDITIVE INJECTOR TOOL SCREW OIL INJECTOR R -134a RECHARGE HOSE AIS CLEANING TOOL(FINE NOZZLE BG EGR SERVICE TOOL (SET) REMOTE 9206 HOLDER DIESEL INDUCTION TOOL DUAL ECONO INDUCTION TOOL 12Q VIA WO FITTINGS NEW POWER STEERING SERVIC DRIVE LINE SERVICE CENTER 8 PORT SQUID LUBE SHUTTLE APPLICATOR LUBE SHUTTLE CART. FILLER INTERIOR RENEW APPLICATOR 2 QT DIESEL TOOL W/OUT FI 22 OZ DIESEL TOOL 16 GAL DIESEL INJ TOOL W/0 FIT PERFORMANCE OIL CHANGER COOLANT TRANSFUSION 2003 COOLANT HIGH EFFICIENCY HD COOLANT TRANSFUSION 22 VIEW VIA PLATINUM FUEL SERVICE SUP TOOL $12.29 $24.41 $187.95 $18.90 $37.80 $104.21 $10.82 $3.78 $34.44 $42.21 $3.41 $5.25 $2.31 $4.04 $4.04 $19.43 $20.79 $20.79 $20.79 $7.35 $1.84 $1.84 $1.84 $1.84 $1.84 $73.50 $70.35 $16.28 $22.42 $15.75 $84.00 $252.00 $236.25 $388.50 $73.50 $225.75 $19.69 $73.50 $840.00 $84.00 $1,575.00 $840.00 $5,880.00 $1,968.75 $2,625.00 $2,520.00 $47.25 $273.00 $147.00 $840.00 $798.00 $3,465.00 $1,680.00 $3,255.00 $2,730.00 $4,200.00 $420.00 $451.50 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 HARD HARD MACH HARD HARD MACH HARD MACH MACH HARD MACH MACH MACH MACH MACH MACH BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK BULK E101-1642 E101-2110 FES100 FES150 FES151 FES200 FES250 FES300 FES400 FES450 PF19 PF19-11 PF5H0503 PF7 PFF PXT2 1046 1091 1095 1101 1102 1105 11053 1121 1122 11253 11516 1205 2021 2022 20253 202T 2035 20353 2082 2155 21553 215T 2241 2251 2255 22553 225T 2271 2275 22753 227T 2291 22930 2295 2301 2305 23053 230T 2321 2325 23253 232T BG 64 DIESEL VIA TOOL W/OUT FI Rev -It Automated Throttle Actu XPRESS TRANS MACHINE XPRESS ADAPTER SET XPRESS EURO ADAPTER SET XPRESS COOLING SYS EXCHANGE XPRESS COOLING ADAPTER SET XPRESS POWER STEERING XPRESS BRAKE MACHINE XPRESS BRAKE ADAPTER SET BIG DAWG II 11 GALLON BIG DAWG II NEW H.O.TRANS FLUSHER(2013) SMALL BRAKE FLUSH MACHINE POWER FILTRATION /FLEETS ELECTRONIC/TRANS (2015)/PS CRANKCASE SOLVENT 109 EPR 109 EPR ADVANCED MOA (1-15) ADVANCED MOA MOA ADVANCED MOA DIESEL OIL CONDITIONER(1-15) DIESEL OIL CONDITIONER DIESEL OIL CONDITIONER MOA 16 GALLON DRUM ENGINE PURGE SUPERCHARGE (1-400) SUPERCHARGE SUPERCHARGE SUPERCHARGE CF5 (1-600) CF5 44K DFPD (1-2000) DIESEL FUEL POUR DEPRESS DIESEL FUEL POUR DEPRESS DIESEL PUMP LUBE(1-10,000) DFC HIGH PRESSURE(1-2000) DFC HIGH PRESSURE(1-2000) DFC HIGH PRESSURE(1-2000) DFC HIGH PRESSURE(1-2000) DFC W/DPL (1-2500) DFC W/DPL DFC W/DPL DFC W/DPL DIESEL CARE DIESEL CARE DIESEL CARE DFC W/ DFPD & DPL DFC,DFPD,DPL (1-1000) DFC,DFPD,DPL DFC,DFPD,DPL DFC PLUS FOR HIGH PRESSURE DFC PLUS FOR HIGH PR (1-1000) DFC PLUS FOR HIGH PRESSURE DFC PLUS HP $1,023.75 $577.50 $3,780.00 $945.00 $1,291.50 $1,680.00 $1,050.00 $1,417.50 $2,100.00 $1,312.50 $8,190.00 $8,190.00 $5,880.00 $3,675.00 $3,570.00 $8,820.00 $346.50 $66.68 $325.50 $105.00 $257.25 $509.25 $5,092.50 $86.10 $210.00 $4,305.00 $1,732.50 $425.25 $65.10 $162.75 $2,625.00 $36.75 $383.25 $3,832.50 $462.00 $451.50 $3,622.50 $60.90 $210.00 $100.80 $504.00 $4,305.00 $72.45 $89.25 $441.00 $3,990.00 $63.53 $69.30 $1,995.00 $336.00 $91.35 $404.25 $4,042.50 $65.63 $99.75 $483.00 $4,410.00 $72.45 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 BULK 23453 BULK FUEL TANK CLEANER BULK 2401 BIODIESEL FUEL COND(1000) BULK 2405 BIODIESEL FUEL CON(1-1000 BULK 24053 BIODIESEL FUEL CONDITION BULK 2451 BG 245 FOR DIESELS BULK 2455 245 DIESELFUEL SYSTEM CLNR BULK 2481 MAXIMUM DIESEL (1-320) BULK 2485 MAXIMUM DIESEL(1-320) BULK 2581 DPF CLEANER BULK 3251 MULTI -GEAR CONC (1-10) BULK 3252 MULTI -GEAR CONC BULK 3255 MULTI -GEAR CONC BULK 3501 HD CONC FOR IND (1-8) BULK 3502 HD CONC FOR IND (1-8) BULK 35030 HD CONC FOR IND BULK 4025 BRAKE CLNR HARD 40330 NON -CHLOR BRAKE BULK 4035 NON -CHLOR BRAKE CLNR HARD 40355 NON -CHLOR BRAKE HARD 49553F FARM & IND CHAIN LUBE BULK 4955F FARM AND INDUSTRIAL CHAIN LUBE BULK 5465 UNIVERSAL SUPER COOL BULK 5875 AB COMPLETE HARD 5881 UNIV. COOLANT 50/50 yellow HARD 5881-01 UNIV. COOLANT 50/50 orange HARD 5881-02 UNIV. COOLANT 50/50 green HARD 5881-03 UNIV. COOLANT 50/50 blue HARD 5881-04 UNIV. COOLANT 50/50 purple HARD 5881-05 UNIV. COOLANT 50/50 pink HARD 588270 UNIV. COOLANT 50/50 yellow HARD 588270-01 UNIV. COOLANT 50/50 orange HARD 588270-02 UNIV. COOLANT 50/50 green HARD 588270-03 UNIV. COOLANT 50/50 blue HARD 588270-04 UNIV. COOLANT 50/50 purple HARD 588270-05 UNIV. COOLANT 50/50 purple HARD 58853 UNIV. COOLANT 50/50 yellow HARD 58853-01 UNIV. COOLANT 50/50 orange HARD 58853-02 UNIV. COOLANT 50/50 green HARD 58853-03 UNIV. COOLANT 50/50 blue HARD 58853-04 UNIV. COOLANT 50/50 purple HARD 58853-05 UNIV. COOLANT 50/50 pink HARD 589270 UNIVERSAL ANTIFREEZE -yellow HARD 589270-01 UNIVERSAL ANTIFREEZE -ORANGE HARD 589270-02 UNIVERSAL ANTIFREEZE -green HARD 589270-03 UNIVERSAL ANTIFREEZE -blue HARD 589270-04 UNIVERSAL ANTIFREEZE -purple HARD 589270-05 UNIVERSAL ANTIFREEZE -pink HARD 58953 UNIVERSAL ANTIFREEZE -yellow HARD 58953-01 UNIVERSAL COOLANT- ORANGE HARD 58953-02 UNIVERSAL ANTIFREEZE -green HARD 58953-03 UNIVERSAL ANTIFREEZE -blue HARD 58953-04 UNIVERSAL ANTIFREEZE -purple HARD 58953-05 UNIVERSAL ANTIFREEZE -pink BULK 7011 UNIVERSAL FRIGI-QUIET HARD 7202 HY-TRANS PLUS BULK IPA BULK FUEL SYSTEM DRIER BULK KATHON BIOCIDE (1-10,000) HARD 31216 SYNTHETIC ATF $14,700.00 $98.70 $483.00 $4,200.00 $154.35 $651.00 $91.35 $430.50 $63.00 $98.70 $243.60 $487.20 $81.90 $196.35 $2,362.50 $435.75 $682.50 $220.50 $1,071.00 $1,312.50 $288.75 $315.00 $225.75 $14.44 $14.44 $14.44 $14.44 $14.44 $14.44 $3,570.00 $3,570.00 $3,570.00 $3,570.00 $3,570.00 $3,570.00 $735.00 $735.00 $735.00 $735.00 $735.00 $735.00 $6,300.00 $6,300.00 $6,300.00 $6,300.00 $6,300.00 $6,300.00 $1,312.50 $1,312.50 $1,312.50 $1,312.50 $1,312.50 $1,312.50 $179.55 $79.28 $68.25 $472.50 $551.25 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 HARD 3123 HARD 31232 HARD 3123UD HARD 3124 HARD 31253 HARD 31253UD HARD 31416 HARD 3143 HARD 31432 HARD 3144 HARD 31453 HARD 31453UD HARD 31516 HARD 3153 HARD 3153-03 HARD 31532 HARD 31532-03 HARD 3154 HARD 3154-03 HARD 31553 HARD 31553-03 HARD 3163 HARD 31632 HARD 3164 HARD 31653 HARD 31816 HARD 3183 HARD 3183-01 HARD 3183-02 HARD 3183-03 HARD 31832 HARD 31832-01 HARD 31832-02 HARD 31832-03 HARD 3184 HARD 31853 HARD 31853-03 HARD 3193 HARD 31932 HARD 3194 HARD 31953 HARD 334H270 HARD 334H5 HARD 334H53 HARD 55891 HARD 5891-01 HARD 5891-02 HARD 5891-03 HARD 5891-04 HARD 5891-05 AUTO 600 AUTO 600120 AUTO 60035 AUTO 600400 HARD 60330 AUTO 605 HARD 605120 AUTO 60535 SYNTHETIC ATF SYNTHETIC ATF SYNTHETIC ATF UNDYED SYNTHETIC ATF SYNTHETIC ATF SYNTHETIC ATF UNDYED SYNTHETIC ATF SYNTHETIC ATF SYNTHETIC ATF SYNTHETIC ATF SYNTHETIC ATF SYNTHETIC ATF UNDYED LOW VISCOSITY SYNTHETIC ATF LOW VIS SYNTHETIC ATF LOW VIS SYNTHETIC ATF BLUE LOW VIS SYNTHETIC ATF LOW VIS SYNTHETIC ATF BLUE LOW VIS SYNTHETIC ATF LOW VIS SYNTHETIC ATF BLUE LOW VIS SYNTHETIC ATF BLUE LOW VIS SYNTHETIC ATF DEX VI LOW VIS SYNTHETIC ATF DEX VI LOW VIS SYNTHETIC ATF DEX VI LOW VIS SYNTHETIC ATF DEX VI LOW VIS SYNTHETIC ATF UNIVERSAL SYNTHETIC CVT FLUID CVT FLUID CVT FLUID RED CVT FLUID NS -2 GREEN CVT FLUID NS -3 GREEN(BLUE) CVT FLUID CVT FLUID RED CVT FLUID NS -2 GREEN CVT FLUID NS -3 GREEN(BLUE) CVT FLUID UNIVERSAL SYNTHETIC CVT CVT FLUID NS -3 GREEN(BLUE) SYNTHETIC DCT FLUID SYNTHETIC DCT FLUID SYNTHETIC DCT FLUID SYNTHETIC DCT FLUID SPCL SYNTHETIC HYDRAULIC OIL SPCL SYNTHETIC HYDRAULIC OIL SPCL SYNTHETIC HYDRAULIC OIL UNIVERSAL ANTIFREEZE -yellow UNIVERSAL ANTIFREEZE -ORANGE UNIVERSAL ANTIFREEZE -green UNIVERSAL ANTIFREEZE -BLUE UNIVERSAL ANTIFREEZE -purple UNIVERSAL ANTIFREEZE -pink MULTI-PURPOSE GR MULTI-PURPOSE GREASE MULTI-PURPOSE GREASE PREMIUM LUBE GREASE ANTI -CORROSION COATING HCF GREASE HCF GREASE HCF GREASE $105.00 $14.07 $105.00 $136.50 $1,638.00 $1,638.00 $472.50 $88.73 $11.60 $116.55 $1,417.50 $1,417.50 $546.00 $102.90 $102.90 $13.70 $13.70 $136.50 $136.50 $1,575.00 $1,575.00 $100.80 $14.07 $138.60 $1,653.75 $787.50 $165.90 $165.90 $165.90 $165.90 $15.49 $15.49 $15.49 $15.49 $218.40 $2,310.00 $2,310.00 $136.50 $13.70 $181.65 $2,073.75 $7,297.50 $162.75 $1,522.50 $25.20 $25.20 $25.20 $25.20 $25.20 $25.20 $7.35 $850.50 $246.75 $2,415.00 $945.00 $7.61 $903.00 $273.00 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 AUTO 607 HARD 607120 AUTO 60735 AUTO 607400 AUTO 607LS AUTO 608 AUTO 608120 AUTO 60835 AUTO 608LS AUTO 612 HARD 7131 HARD 713270 HARD 71332 HARD 71353 HARD 714270 HARD 7145 HARD 71453 HARD 7161 HARD 71616 HARD 716270 HARD 71632 HARD 7165 HARD 71653 HARD 716T HARD 7181 HARD 718270 HARD 71853 HARD 718T HARD 7205 HARD 72053 HARD 7225 HARD 72255 HARD 7291 HARD 72916 HARD 729270 HARD 72932 HARD 72953 HARD 7301 HARD 73016 HARD 73032 HARD 7305 HARD 73053 HARD 7371 HARD 73716 HARD 737270 HARD 73732 HARD 73753 HARD 74516 HARD 7455 HARD 74616 HARD 746270 HARD 74632 HARD 7465 HARD 74653 HARD 74716 HARD 74732 HARD 74755 HARD 74753 SLC GREASE SLC GREASE SLC GREASE SLC GREASE SLC GREASE SS 2000 GREASE SS2000 GREASE SS2000 GREASE SS 2000 GREASE BG MOLY 5 #2 GRADE GREASE SYNTHETIC BLEND 10W30 HD 10W30 SYNTHETIC BLEND 10W30 SYNTHETIC BLEND 10W30 SYNTHETIC BLEND 15w40 SYNTHETIC BLEND 14+ 15w40 MOTOR OIL 14+ 15w40 SHEAR POWER HD 15W40 SHEAR POWER HD 15w40 SHEAR POWER HD 15w40 SHEAR POWER HD 15W40 SHEAR POWER HD 15W40 SHEAR POWER HD 15w40 SHEAR POWER HD 15w40 SYNTHETIC NATURAL GAS ENG OIL SYNTHETIC NATURAL GAS OIL SYNTHETIC NATURAL GAS ENG OIL SYNTHETIC NATURAL GAS ENG OIL IHC HY TRANS PLUS IHC HY-TRANS PLUS ROADRUNNER SAE 50 SYNTHETIC ROADRUNNER SAE 50 SYNTHETIC OW20 FULL SYNTHETIC OIL OW20 SYNTHETIC OIL OW20 FULL SYNTHETIC OIL OW20 FULL SYNTHETIC OIL OW20 FULL SYNTHETIC OIL HILOW30 HILOW30 HILOW30 SYNTHETIC OIL HILOW30 HILOW30 5W30 SYNTHETIC OIL 5W30 SYNTHETIC OIL 5w30 SYNTHETIC ENGINE OIL 5W30 SYNTHETIC OIL 5W30 SYNTHETIC OIL 80w90 GEAR OIL w/EPC 80w90 GEAR OIL w/EPC 80w90 GL5 GEAR OIL SYN BLEND 80W90 GEAR OIL SPECIAL 80w90 GEAR OIL 80w90 GL5+ GEAR OIL 80w90 GL+5 GEAR OIL EXTRA DUTY 80W-140 SPECIAL 80w140 GEAR OIL 80w140 GL5+ GEAR OIL 80w140 GEAR OIL BLEND $7.61 $892.50 $262.50 $2,782.50 $9.45 $6.83 $766.50 $231.00 $9.19 $8.14 $26.25 $5,617.50 $6.62 $1,207.50 $6,090.00 $131.25 $1,312.50 $28.88 $446.25 $6,510.00 $8.61 $141.75 $1,365.00 $23.10 $28.35 $6,825.00 $1,470.00 $24.15 $148.05 $1,312.50 $380.10 $3,780.00 $29.40 $441.00 $6,772.50 $7.72 $1,417.50 $38.33 $577.50 $12.50 $183.75 $1,863.75 $33.60 $504.00 $7,822.50 $8.82 $1,601.25 $514.50 $157.50 $561.75 $7,455.00 $9.56 $178.50 $1,680.00 $630.00 $9.87 $194.25 $1,758.75 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 HARD 74816 HARD 74832 HARD 75016 HARD 750270 HARD 75032 HARD 7505 HARD 75053 HARD 75064 HARD 75096 HARD 75116 HARD 751270 HARD 75132 HARD 7515 HARD 75153 HARD 75164 HARD 75196 HARD 75216 HARD 752270 HARD 75232 HARD 7525 HARD 75253 HARD 75264 HARD 75296 HARD 75316 HARD 753270 HARD 75332 HARD 7535 HARD 75353 HARD 75364 HARD 75396 HARD 762270 HARD 76232 HARD 76253 HARD 763270 HARD 76353 HARD 7721 HARD 7731 HARD 77332 HARD 77532 HARD 7755 HARD 7771 HARD 77732 HARD 78516 HARD 7855 HARD 78553 HARD 79216 HARD 79232 HARD 79255 HARD 79253 HARD 79264 HARD 79296 HARD PP31532 HARD PP31532-03 HARD PP31932 HARD PP75132 HARD PP75164 HARD PP75196 HARD PP75332 EXTRA DUTY 75W90 GEAR OIL SPECIAL 75w90 GEAR OIL ULTRA GUARD ULTRA GUARD ULTRA GUARD 75W-90 ULTRA GUARD ULTRA GUARD ULTRA GUARD 75W-90 ULTRA GUARD 75W-90 ULTRA GUARD LS 75w90 ULTRA GUARD LS 75w90 ULTRA GUARD LS ULTRA GUARD LS 75w90 ULTRA GUARD LS 75w90 ULTRA GUARD LS 75w90 ULTRA GUARD LS 75w90 ULTRAGUARD HD 75W140 ULTRAGUARD HD 75W140 ULTRA GUARD HD 75W140 ULTRAGUARD HD 75W140 ULTRAGUARD HD 75W140 ULTRA GUARD HD 75W140 ULTRA GUARD HD 75W140 ULTRA GUARD LS HD 75W140 ULTRA GUARD LS HD 75W140 ULTRA GUARD LS HD 75W140 ULTRA GUARD LS HD 75W140 ULTRA GUARD LS HD 75W140 ULTRA GUARD LS HD 75W140 ULTRA GUARD LS HD 75W140 5W20 SEMI -SYNTHETIC OIL 5w-20 SYNTHETIC BLEND 5W20 SEMI -SYNTHETIC OIL 5W30 SEMI -SYNTHETIC OIL 5W30 SEMI -SYNTHETIC OIL WATER COOLED 2 CYCLE OIL AIR-COOLED 2 CYCLE OIL UNIVERSAL 2 CYCLE OIL SHEAR POWER 10w30 OIL SHEAR POWER HD 10W30 20W50 4 -STROKE OIL SHEAR POWER 20w50 OIL 85w140 GEAR OIL/EPC 85w140 GEAR OIL w/EPC 85w140 GEAR OIL w/EPC SYNCRO SHIFT II SYNTHETIC SYNCRO SHIFT II SYNTHETIC SYNCRO SHIFT II SYNTHETIC SYNCRO SHIFT II SYNTHETIC SYNCRO SHIFT II SYNTHETIC SYNCRO SHIFT II SYNTHETIC LOW VIS SYNTHETIC ATF LOW VIS SYNTHETIC ATF SYNTHETIC DCT FLUID ULTRA GUARD LS ULTRA GUARD LS 75w90 ULTRA GUARD LS 75w90 ULTRA GUARD LS HD 75W140 $840.00 $13.97 $971.25 $13,650.00 $16.91 $304.50 $2,835.00 $33.81 $50.72 $1,128.75 $15,750.00 $19.48 $367.50 $3,307.50 $38.96 $58.43 $1,207.50 $17,010.00 $20.58 $378.00 $3,885.00 $41.16 $61.74 $1,365.00 $19,320.00 $23.15 $430.50 $4,410.00 $46.31 $69.46 $5,407.50 $6.93 $1,128.75 $5,722.50 $1,207.50 $78.75 $31.50 $8.72 $8.45 $115.50 $28.35 $8.40 $525.00 $168.00 $1,522.50 $761.25 $13.23 $241.50 $2,467.50 $26.46 $39.69 $8.61 $8.61 $13.70 $18.59 $35.75 $58.43 $18.59 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 ATTACHMENT C- INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 POLLUTION LIABILITY Risk Review $1,000,000 Per Occurrence C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 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. Page 2 of 3 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services - Services Performed Onsite - Pollution 06/08/2020 Risk Management - Legal Dept.. Page 3 of 3 DocuSign Envelope ID: 9FBDC814-ED09-4164-AFC2-9C4C8A50E606 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty applies to this Supply Agreement therefore, Section 8 Warranty Subsections 8(A) and 8(B) are void. Page 1 of 1 AGENDA MEMORANDUM Motion for the January 26, 2021 City Council Meeting DATE: January 13, 2021 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary rebeccah(&cctexas.com (361) 826-3105 Appointing Board Members to the Corpus Christi Housing Finance Corporation CAPTION: Motion appointing Mayor Paulette M. Guajardo and Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Billy A. Lerma, John Martinez, Ben Molina, Mike Pusley and Greg Smith as the Board of Directors of the Corpus Christi Housing Finance Corporation. SUMMARY: This is a motion appointing Mayor Paulette M. Guajardo and Council Members Roland Barrera, Gil Hernandez, Michael Hunter, Billy A. Lerma, John Martinez, Ben Molina, Mike Pusley and Greg Smith as the Board of Directors of the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: The Corpus Christi Housing Finance Corporation (CCHFC) manages the property and business of the Corporation, issues tax exempt housing bonds and approves interest reduction payments for housing development according to approved guidelines. The City Council appoints the Board of Directors of the CCHFC. Historically, the City Council has served as the Board of Directors. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Action Item for the City Council Meeting of January 26, 2021 DATE: December 23, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing submission of grant application for $49,846.33 to the State of Texas under the Violence Against Women Act with city cash match of $14,402.72 and $6,960.00 in-kind services. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) for projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $49,846.33 for the salary/benefits of one Victim Case Manager, volunteer hours contribute the in-kind contribution of $6,960.00, and the City contributes $14,402.72 for training, travel, supplies and miscellaneous equipment as the required 30% match. This grant period will be 10/1/2021 to 9/31/2022 and is the 23rd year of grant funding. ALTERNATIVES: Decline the grant and lose the funding or request that the City provide the full funding amount in lieu of the grant. FISCAL IMPACT: The Violence Against Women Act Grant in the amount of $49,846.33 will increase the Police Grants Revenue for the Violence Against Women Program with a cash transfer from the FY 2022 General Fund to the Police Grants Fund for the City cash match. Funding Detail Fund 1020 & 1061 Organization/Activity: 1020 — 60035 / 1061 — 822023F Mission Element: 156 Project # (CIP Only): Account: 548950 Cash contribution — grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Statement of Grant Award - Preview Resolution authorizing submission of grant application for $49,846.33 to the State of Texas under the Violence Against Women Act with a city cash match of $14,402.72 cash and $6,960.00 in-kind services. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $49,846.33 for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $14,402.72 cash and $6,960 in-kind services. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth tment of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 1517123 PREVIEW - AWARD NOT ACTIVE 10/01/2021 - 09/30/2022 12/29/2022 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victim Assistance Program Madison Ballard 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: CFDA: 16.575 - Victims of Crime Act Formula Grant Program Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: $53,404.61 $10,844.44 $6,960.00 $71,209.05 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime 2021-V2-GX-xxxx $143,897,603.00 Texas Office of the Governor — Criminal Justice Division (CJD) No This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=A0-66-C B-04-... 1/11/2021 Office of the Governor Page 2 of 2 https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=A0-66-C B-04-... 1/11/2021 AGENDA MEMORANDUM Action Item for the City Council Meeting of January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to continue the Victim Outreach Program CAPTION: Resolution authorizing the submission of a grant application for $98,964.86 to the State of Texas under the Victims of Crime Act with a City cash match of $3,300.00 and $21,500.00 in-kind services to support two full time employees. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, for projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant provides funding for a victim case manager for community outreach to identify resistant or reluctant victims of crime and to assist victims in understanding and participating in the criminal justice system. Through public presentations, multi- disciplinary meetings, and legal advocacy, the case manager will provide crisis intervention and follow-up services in order to establish rapport and build resiliency of victims in districts at high-risk for violence. A Staff Assistant maintains accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution; and the City contributes for travel as the required 20% match. The grant period is 10/1/2021 — 9/30/2022 and is not on a declining percentage or ending funding cycle. This is the ninth year of the program. The previous grant amount was $104,013. The reduced amount is due to lesser paid employee. ALTERNATIVES: Do not apply for the grant and discontinue the victim assistance program. FINANCIAL IMPACT: The Victims of Crime Act Grant in the amount of $98,964.86 will increase the Police Grants Revenue for the Victims of Crime Program with a cash transfer from the FY 2022 General Fund to the Police Grants Fund for the City cash match. Funding Detail Fund Organization/Activity: Mission Element: Project # (CIP Only): Account: 1020 & 1061 1020 — 60035 / 1061 — 822220F 156 N/A 548950 Cash contribution — grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 530160 Rentals 530200 Telephone/telegraph 547010 Travel 548120 Self Insurance Allocation RECOMMENDATION: Staff recommends submission of the grant application. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award — Preview Resolution Resolution authorizing the submission of a grant application for $98,964.86 to the State of Texas under the Victims of Crime Act with a city cash match of $3,300.00 and $21,500.00 in-kind services to support two full time employees BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $98,964.86 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $3,300.00 cash and $21,500.00 in-kind services. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth tment of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 2677107 PREVIEW - AWARD NOT ACTIVE 10/01/2021 - 09/30/2022 12/29/2022 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victim Assistance Community Outreach Nate Johnson 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: CFDA: 16.575 - Victims of Crime Act Formula Grant Program Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: $98,964.86 $3,300.00 $21,500.00 $123,764.86 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime 2021-V2-GX-xxxx $143,897,603.00 Texas Office of the Governor — Criminal Justice Division (CJD) No This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=FE-C9-66-F7-... 1/11 /2021 Office of the Governor Page 2 of 2 https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=FE-C9-66-F7-... 1 /1 1 /2021 AGENDA MEMORANDUM Action Item for the City Council Meeting of January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act Fund CAPTION: Resolution authorizing the submission of a grant application for $129,212.45 to the State of Texas under the Victims of Crime Act with a city cash match of $28,000.00 and $4,320.00 in-kind services to support three full time employees. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime (VOCA) Act for projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues support for the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for three Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $128,889.13 for the salary/benefits of three Victim Case Managers, volunteer hours contribute $4,320.00 as an in-kind contribution, and the City contributes $28,000.00 for salaries/benefits, training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 10/01/2021 — 09/30/2022. ALTERNATIVES: Do not apply for the grant and discontinue the victim assistance program. FINANCIAL IMPACT: The Victims of Crime Act Grant in the amount of $129,212.45 will increase the Police Grants Revenue for the Victims of Crime Program with a cash transfer from the FY 2022 General Fund to the Police Grants Fund for the City cash match. Funding Detail Fund 1020 & 1061 Organization/Activity: 1020-60035 / 1061-822119F Mission Element: 156 Project # (CIP Only): N/A Account: 548950 Cash-contrib-grant match 510100 Salaries and wages 510200 Overtime 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 520120 Office Supplies 530160 Rentals 530200 Telephone/telegraph 540270 City in-kind grant contribution 547010 Travel 548120 Self-insurance allocation RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award — Preview Resolution Resolution authorizing the submission of a grant application for $129,212.45 to the State of Texas under the Victims of Crime Act with a city cash match of $28,000.00 cash and $4,320.00 in-kind services to support three full time employees BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $129,212.45 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit to continue the Victim Outreach Program. SECTION 2. The City Council commits to provide for the applicable city match of $28,000.00 cash and $4,320.00 in-kind services. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Office of the Governor Page 1 of 2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Depth tment of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 1522319 PREVIEW - AWARD NOT ACTIVE 10/01/2021 - 09/30/2022 12/29/2022 VA -Victims of Crime Act Formula Grant Program Corpus Christi, City of Victims of Crime Act Nate Johnson 069457786 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: CFDA: 16.575 - Victims of Crime Act Formula Grant Program Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: $129,212.45 $28,000.00 $4,320.00 $161,532.45 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime 2021-V2-GX-xxxx $143,897,603.00 Texas Office of the Governor — Criminal Justice Division (CJD) No This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=AA-B 1 -CF -DF... 1/13/2021 Office of the Governor Page 2 of 2 https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1 &i 1=10&gh=AA-B 1 -CF -DF... 1/13/2021 AGENDA MEMORANDUM Action Item for the City Council Meeting of December 8, 2020 DATE: November 11, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Interlocal Agreement with TAMU-CC for Environmental Monitoring CAPTION: Resolution authorizing a one-year Interlocal Agreement with Texas A&M University -Corpus Christi for environmental monitoring for salinity levels in the Nueces Bay system, rain gauges in Corpus Christi, and Oso Creek water levels, for a total amount not to exceed $ 164,012, with two one-year extension options at 3% increase per year, with a total potential multi-year not to exceed amount of $506,944. SUMMARY: Water Utilities Department seeks approval to enter into an Interlocal Agreement with Texas A&M University -Corpus Christi for the Conrad Blucher Institute for Surveying and Science to continue operating and maintaining thirteen real-time environmental monitoring stations in Nueces Bay, Nueces River, Oso Creek and within the City of Corpus Christi. BACKGROUND AND FINDINGS: The Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University — Corpus Christi (TAMUCC) has been operating and maintaining environmental monitoring stations for the City of Corpus Christi since 1991. Nueces Bay and Nueces River water quality monitoring stations report water temperature, specific conductance, salinity, dissolved oxygen, and pH. This data is vital in determining the quantity and frequency of fresh water pass-through events that are required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ). Oso Creek water level monitoring stations report air gap clearance, stage, air temperature, relative humidity, barometric pressure, and liquid precipitation. This data assists the City in monitoring Oso Creek water levels in relation to adjacent infrastructure and facilities and is used for emergency management planning and responses during heavy weather events. Corpus Christi meteorological monitoring stations report air temperature, wind speed, wind direction, liquid precipitation, barometric pressure, and relative humidity. These stations help the City determine the frequency of stormwater sample collections during rain events in order to satisfy the stormwater runoff (MS4) permit requirements. An alert system also sends email notifications when rainfall values reach certain thresholds, and this information is useful for emergency management planning and responses during heavy weather events. ALTERNATIVES: The date provided through this contract is used to determine the quantity and frequency of fresh water pass-through events that are required by the amended Agreed Order between the City and the Texas Commission on Environmental Quality. It is also used for emergency management planning and responses during heavy weather events. FISCAL IMPACT: This is a recurring expense for TAMUCC to operate and maintain environmental monitoring stations that provide data used by the City for water quality and emergency management purposes. The amount is budgeted in Water Fund (Water Quality and Environmental Studies). Funding Detail: Fund: 4010 Organization/Activity: Water Quality (31501) and Environmental Studies (30220) Mission Element: 063 and 068 Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommends approval of the Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Resolution Scope of Work Interlocal Agreement with Texas A&M University -Corpus Christi, Conrad Blucher Institute for Surveying and Science. Resolution authorizing a one-year Interlocal Agreement with Texas A&M University -Corpus Christi for environmental monitoring for salinity levels in the Nueces Bay system, rain gauges in Corpus Christi, and Oso Creek water levels, for a total amount not to exceed $ 164,012, with two one-year extension options at 3% increase per year, with a total potential multi-year not to exceed amount of $506,944. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute a one-year Interlocal Agreement with Texas A&M University -Corpus Christi for environmental monitoring for salinity levels in the Nueces Bay system, rain gauges in Corpus Christi, and Oso Creek water levels, for a total amount not to exceed $164,012, with two one- year extension options at 3% increase per year, with a total potential multi-year not to exceed amount of $506,944. PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor SCOPE OF WORK NUECES BAY AND NUECES RIVER WATER QUALITY MONITORING, OSO CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING January 1, 2021— December 31, 2023 SUMMARY This Scope of Work (SOW) provides for the operation, maintenance, and emergency repair of thirteen (13) real-time environmental and meteorological data collection stations located in the Corpus Christi Bay area to include the Nueces River and Bay, Oso Creek, and locations throughout the City of Corpus Christi. RESEARCH OBJECTIVES The Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University Corpus Christi (TAMU-CC) has been operating and maintaining real-time water quality monitoring stations in the Nueces River Delta for the City of Corpus Christi since November 1991. These systems were installed to assist city personnel with understanding the effects of freshwater inflows on salinity levels in the Nueces Bay system. The data collected at the water quality stations is used to assist City of Corpus Christi personnel in determining effects of fresh water released from the Wesley Seal Dam as part of an amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ). Other benefits of the data collection include collaboration with other researchers in the Nueces delta such as the Coastal Bend Bays and Estuaries Program (CBBEP) and the Nueces River Authority. Nueces Bay and Nueces River Water Quality Monitoring Nueces Bay consists of three (3) salinity monitoring stations (Image 1): 1. SALT01 (27° 50' 21" N, 97° 26' 38" W) 2. SALT03 (27° 51' 5" N, 97° 28' 55" W) 3. SALT05 (27° 53' 30" N 97° 36' 37" W) in the Nueces River The primary parameter measured at all three (3) water quality monitoring stations is specific conductance, however, and depending on the capabilities of the datasonde installed, other parameters such as water temperature dissolved oxygen, and Ph (Table 2). The stations are strategically located in the Nueces Delta to provide data directly related to the fresh -water inflows into Nueces Bay using salinity as an indicator. The City designed and built the Rincon Bayou Pumping station and diversion channel directing freshwater from the Nueces River into the Nueces delta and adjacent wetlands. Station components and configuration are listed in Table 1 and Table 2, respectively Page 1 of 8 Image 1: Nueces River Delta, & Bay water quality monitoring locations Table 1: Water Quality Component List Component Type Water Quality Multiprobe Hydrolab MS 5/CMS 5 Data logger CR1000 IP Modem RV50 w/antenna and booster Table 2: Water Quality Station Configuration Station No. Name Temp Specific Conductance Ph Do/%sat 072 SALT01 X X X X 074 SALT03 X X X X 076 SALT05 X X X X Stage Height Monitoring Three (3) stage height monitoring stations are located on bridges along the Oso Creek (Image 2) 1. OCWL01 (-27° 43' 18.26" N 97° 27' 28.55" W) at Saratoga Rd. near Calle Cuernavaca 2. OCWL02: (-27° 41' 19.82" N 97° 25' 45.36" W) at Weber Rd. near Yorktown Blvd. 3. OCWL03: —27° 39' 24.89" N 97° 24' 5.89" W) at South Staples St. near Oso Pkwy. These data collection stations will collect stage height, air temperature, precipitation, barometric pressure, and relative humidity (Table 4). The Oso Creek stage height monitoring stations will assist the CCUD in monitoring Oso Creek water levels in relation to adjacent infrastructure. Station components and configuration are listed in Table 3 and Table 4, respectively Page 2 of 8 Image 2: Stage Height monitoring locations Table 3: Stage Height Component List Component Type Radar Water Level sensor Nile 502 Weather Transmitter Vaisala WXT-530 Data logger CR1000 IP Modem RV50 w/antenna and booster Table 4: Stage Height Station Configuration Station No. Name Stage Height Rainfall Air Pressure Humidity 242 OCWL01 X X X X 243 OCWL02 X X X X 244 OCWL03 X X X X METEOROLOGICAL MONITORING Seven (7) meteorological (MET) stations are located throughout the City of Corpus Christi (Image 3). These data collection stations provide data to City technicians critical in determine the time and frequency of water samples. During rain events, data are provided via the following web site: http://www.cbi.tamucc.edu/ccrl. In addition, an automated notice of rainfall is sent via email to specific city personnel. Station components and configuration are listed in Table 5 and Table 6, respectively. 1. CCWXAM: (27° 42' 54" N 97° 19' 43" W), TAMUCC 2. CCWXRF: (27° 40' 34" N 97° 21' 9" W), Rodd Field Rd 3. CCWXCM: (27° 43' 54" N 97° 22' 40" W), Carmel Pkwy 4. CCWXCP: (27° 41' 6" N 97° 25' 0" W), Cedar Pass Dr. Page 3 of 8 5. CCWXDE: (27° 45' 51" N 97° 24' 15" W), Del -Mar College East campus 6. CCWXDW: (27° 46' 24" N 97° 26' 24" W) Del -Mar College West campus 7. CCWX07: (27° 52' 4.2" N 97° 37' 54.5" W) at the Nueces River pump station Image 3: Meteorological station location Table 5: MET Station Component List Component Type Weather Transmitter Nile 502 Data logger CR1000 IP Modem RV50 w/antenna and booster Table 6: MET Station Configuration Station No. Name Temp Wind Rainfall Air Pressure Humidity 236 TAMU-CC X X X X X 275 Rodd Field X X X X X 276 Carmel Parkway X X X X X 277 CCWXCP Cedar Pass X X X X X 278 CCWXDE Del Mar East X X X X X 279 CCWXDW Del Mar West X X X X X 256 CCWX07Nueces River X X X X X OPERATION, MAINTENANCE AND MANAGEMENT Project Management The Principal Investigator (PI) for this project will be Ms. Devon Steffan, designated Co - Principal Investigator will be Mr. James Rizzo (Co -PI). The PI or his designee shall be responsible for all project management activities of this project to include but not be limited to personnel assignment, scheduling, service, maintenance, accounting, reporting, and invoicing. Page 4 of 8 General Tasks TAMU-CC shall designate an operator (or operators) to perform the following local duties: a. Perform Quality Assurance/Quality Control checks on all data collected from each station ensuring all data are within expected ranges b. Schedule all maintenance activities necessary to include regularly scheduled service and emergency/unscheduled maintenance visits c. Maintain field activity logs d. Maintain Site Visit logs e. Maintain inventory of sensors/components/equipment f. Calibrate datasondes prior to field deployment g. Clean and post calibrate all datasondes upon removal from the field h. Maintain calibration logs for each sensor Table 7 - Sensor Service schedule CBI Station No. Station Name Sensor Service Interval 072 SALT01 WQ 2 Weeks (+/- 1 week) 074 SALT03 WQ 2 Weeks (+/- 1 week) 076 SALT05 WQ 2 Weeks (+/- 1 week) 236 CCWXAM MET 2 -month 275 CCWXRF MET 2 -month 276 CCWXCM MET 2 -month 277 CCWXCP MET 2 -month 278 CCWXDE MET 2 -month 279 CCWXDW MET 2 -month 256 CCWX07 MET 2 -month 242 OCWL01 WLS 2 -month 243 OCWL02 WLS 2 -month 244 OCWL03 WLS 2 -month NOTE: The service interval has been changed from the 6 -month site visit to a bi-monthly site visit to improve data quality and collection capabilities. The natural flora and fauna in the vicinity of many sites will require a closer monitoring of each data collection site. Sub Task 1— Scheduled Maintenance TAMU-CC will perform the tasks identified below. Nueces Water Quality Monitoring Due to the service interval for SALTS 01, 03 and 05, no emergency site visits are budgeted. System or sensor issues will be resolved on the next scheduled site visit. a. Upon arrival at each station, readings will be recorded from the datasonde prior to removal b. Replace datasonde with a clean, calibrated unit c. Upon replacement, readings from the installed datasonde will be recorded. d. Independent salinity readings will be taken using a portable refractometer and recorded. Page 5 of 8 e. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation f. Data will be downloaded from the data collection system for archival g. Communications will be checked and verified h. If for any reason, CBI is unable to replace or repair damaged or malfunctioning components, Field Operations personnel will notify the PI and discuss options for repairs. i. Should an Emergency/Unscheduled site visit be required, the PI will contact the City's Project Manager and discuss options. Oso Creek Stage Height Monitoring There are no emergency visits are budgeted for the stage height stations. a. Regular maintenance will be conducted every two (2) months b. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation c. Verify stage height offset Corpus Christi Meteorological (MET) Monitoring There are no emergency visits are budgeted for the MET stations. a. Regular maintenance will be conducted every two (2) months b. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation DATA COLLECTION CBI has collected data from remote data collection platform (DCP) since 1995 utilizing our internal database and proprietary automated processes. Data are generally collected every 6 minutes from all DCP's via an IP modem installed at each station. Data collection initiates the following process: a. Upon acquisition, raw data files are validated ensuring data header files meet archived station information files within the database b. Once the data packet is verified, the data are archived in raw form within the database c. Data packets are processed for dissemination d. Staff generally performs QA/QC checks of all data each morning noting suspect or missing data or sensor malfunction. e. Daily and ten-day salinity levels are provided per month via http://lighthouse.tamucc.edu/salrel, INSTRUMENT CALIBRATION This section provides general tasks how instruments will be calibrated. Page 6 of 8 Hydrolab Datasonde service a. All datasondes are calibrated following procedures established or recommended by the manufacturer b. Water quality values from each datasondes are checked and recorded prior to cleaning post deployment. c. Datasondes are calibrated using NIST traceable standards after cleaning and servicing each sensor d. All post -calibration and calibration records are archived and can made available upon request. MS5 and CMS5 Datasondes are returned to HydroTech ZS for inspection, repair, and refurbishment annually as part of an Annual Maintenance Agreement. Annual service includes sensor maintenance, adjustment, and recalibration. CBI archives annual maintenance documentation and will be made available upon request. Vaisala WXT-530 Weather Transmitter The Vaisala WXT-530 weather transmitter does not require calibration. The WXT-PTUSP contains calibration data and will be replaced every two years as recommended. Nile 502 Pulse Radar Water Level Sensor The Nile 502 Radar Water Level Sensor does not require calibration. Sensor accuracy is checked during the annual maintenance. Sensor that do not function properly after the Annual Maintenance will be returned to the manufacture for repair or replacement. STATION DOCUMENTATION Following each scheduled or emergency station visit, TAMU-CC shall complete and archive a Site Report, using CBI's proprietary database. Site visit reports contain information related to any service, maintenance, and/or repair action performed. TAMU-CC will archive station records for a period of three (3) years and available to City personnel upon request. NOTE: There are no scheduled progress reports required within this SOW Page 7 of 8 REPLACEMENT PARTS AND EQUIPMENT Below is a list of spare components on hand and available for this project: Serial Number Component Description Quantity 48116 CR1000 Data logger 1 89325 CR1000 Data logger 1 48963 MS5 Datasonde 1 48964 MS5 Datasonde 1 48965 MS5 Datasonde 1 48966 MS5 Datasonde 1 H221003 WXT 530 CCTX Spare All in One Weather Transmitter 1 H221004 WXT 530 CCTX Spare All in One Weather Transmitter 1 H221007 WXT 530 CCTX Spare All in One Weather Transmitter 1 H221012 WXT 530 CCTX Spare All in One Weather Transmitter 1 BUDGET SUMMARY Salaries Benefits Travel Supplies Other Expenses • Datasonde service contract • AT&T monthly modem cost • Freight SUB -TOTALS $ 66,691 $ 21,849 $ 16,931 $ 2,430 $ 11,380 Facilities & Administrative Costs (Indirect Direct) at 37.5% $ 44,731 MTDC TOTAL YEAR 1: $ 164,012 TOTAL YEAR 2: $ 168,932 TOTAL YEAR 3: $ 174,000 GRAND TOTAL: $ 506,944 Year 1 (January 1, 2021 -December 31, 2021) award amount will be invoiced in equal, monthly installments over the first 12 -month period of this contract and in subsequent budget years. TAMU-CC anticipates continuing service for up to three (3) years, and the annual project budget will not increase by more than 3% percent per year. TAMU-CC's DHHS-approved Facilities and Administrative Cost rate will be applied in Budget Years 2 and 3 at 38.0% of a Modified Total Direct Cost base. Page 8 of 8 DocuSign Envelope ID: C1DD716B-6995-4105-B7C7-AC403AFB8EC3 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY — CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI REGARDING ENVIRONMENTAL MONITORING STATIONS WHEREAS, Texas A & M University — Corpus Christi ("TAMU-CC) and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, Section 791.035 of the Texas Government Code states that a local government and an institution of higher education or university system may contract with one another to perform any governmental functions and services; WHEREAS, Section 791.035 provides that if the terms of the contract provide for payment based on cost recovery, any law otherwise requiring competitive procurement does not apply to the functions and services covered by the contract; NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMU-CC, acting through its Conrad Blucher Institute for Surveying and Science, to perform operation and maintenance of 13 environmental monitoring stations in Nueces Bay, Nueces River, Oso Creek and throughout Corpus Christi. 2. STATEMENT OF WORK. TAMU-CC acting through its Conrad Blucher Institute for Surveying and Science agrees to perform services as outlined in Exhibit A for each year of this Agreement. 3. PERIOD OF PERFORMANCE. The initial term of this Agreement is January 1, 2021 through December 31, 2021 unless terminated as provided herein. This Agreement may be renewed for up to two additional one-year terms by written agreement of the City Manager or designee and authorized representative from TAMU-CC, unless terminated as provided herein. 4. FEES FOR SERVICES PROVIDED. A. For January 1 2021 through December 31, 2021, the City agrees to pay TAMU-CC up to $ 164,012 as payment in full for all services provided herein, as further outlined on Exhibit B. The payment shall be paid on a monthly basis upon receipt and review of monthly invoice. In subsequent years of this Agreement, the fee to be paid by the City for services performed by TAMU-CC under this Agreement shall not be increased by more than three percent each year. B. These payments are payment in full for all TAMU-CC costs to perform all of the the services described in Exhibit A for each twelve month term. Each party acknowledges that all expenditures under this agreement shall be paid with current revenues of the paying party. C. The parties acknowledge that continuation of this agreement beyond City's current fiscal year which ends September 30 is subject to the annual City budget process and appropriation of funds. If funds are not appropriated sufficient to pay for this Contract in the then -current City budget year, then this Contract shall terminate upon ten business days' written notice and City shall have no further payment obligation to TAMU-CC. D. Each governing body, in performing governmental function or in paying for the performance of Page 1 of 4 DocuSign Envelope ID: C1DD716B-6995-4105-B7C7-AC403AFB8EC3 governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party. 5. TERMINATION. Performance under this agreement may be terminated by either party with or without cause upon 30 days' written notice. 6. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. Texas A&M University — Corpus Christi Attn: Ahmed Mandy Vice President for Research & Innovation 6300 Ocean Drive, Unit 5844 Corpus Christi, Texas 78412-5844 City of Corpus Christi Attn: Utilities Director P.O. Box 9277 Corpus Christi, TX, 78469 7. AMENDMENTS AUTHORIZED. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, to extend deadlines or minor changes in the scope of work. 8. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and Texas A & M University- Corpus Christi agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9. DISPUTE RESOLUTION PROCESS. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. 10. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative, to be effective as of date of last signature. Page 2 of 4 DocuSign Envelope ID: C1DD716B-6995-4105-B7C7-AC403AFB8EC3 Texas A&M University — Corpus Christi By: p—DocuSigned by: gum.f, Ii utai1 ..._D7AC88 D1B2478 Name: Dr. Ahmed Mandy Title: Interim Vice President, Research, Commercialization and Outreach 11/3/2020 Date: Page 3 of 4 DocuSign Envelope ID: C1DD716B-6995-4105-B7C7-AC403AFB8EC3 CITY OF CORPUS CHRISTI ATTEST By: Rebecca Huerta City Secretary APPROVED AS TO FORM: This day of , 2020 Lisa Aguilar, Assistant City Attorney For City Attorney Page 4 of 4 Peter Zanoni City Manager EXHIBIT A SCOPE OF WORK NUECES BAY AND NUECES RIVER WATER QUALITY MONITORING, OSO CREEK WATER LEVEL AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING January 1, 2021— December 31, 2023 SUMMARY This Scope of Work (SOW) provides for the operation, maintenance, and emergency repair of thirteen (13) real-time environmental and meteorological data collection stations located in the Corpus Christi Bay area to include the Nueces River and Bay, Oso Creek, and locations throughout the City of Corpus Christi. RESEARCH OBJECTIVES The Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University Corpus Christi (TAMU-CC) has been operating and maintaining real-time water quality monitoring stations in the Nueces River Delta for the City of Corpus Christi since November 1991. These systems were installed to assist city personnel with understanding the effects of freshwater inflows on salinity levels in the Nueces Bay system. The data collected at the water quality stations is used to assist City of Corpus Christi personnel in determining effects of fresh water released from the Wesley Seal Dam as part of an amended Agreed Order between the City and the Texas Commission on Environmental Quality (TCEQ). Other benefits of the data collection include collaboration with other researchers in the Nueces delta such as the Coastal Bend Bays and Estuaries Program (CBBEP) and the Nueces River Authority. Nueces Bay and Nueces River Water Quality Monitoring Nueces Bay consists of three (3) salinity monitoring stations (Image 1): 1. SALT01 (27° 50' 21" N, 97° 26' 38" W) 2. SALT03 (27° 51' 5" N, 97° 28' 55" W) 3. SALT05 (27° 53' 30" N 97° 36' 37" W) in the Nueces River The primary parameter measured at all three (3) water quality monitoring stations is specific conductance, however, and depending on the capabilities of the datasonde installed, other parameters such as water temperature dissolved oxygen, and Ph (Table 2). The stations are strategically located in the Nueces Delta to provide data directly related to the fresh -water inflows into Nueces Bay using salinity as an indicator. The City designed and built the Rincon Bayou Pumping station and diversion channel directing freshwater from the Nueces River into the Nueces delta and adjacent wetlands. Station components and configuration are listed in Table 1 and Table 2, respectively Page 1 of 8 Image 1: Nueces River Delta, & Bay water quality monitoring locations Table 1: Water Quality Component List Component Type Water Quality Multiprobe Hydrolab MS 5/CMS 5 Data logger CR1000 IP Modem RV50 w/antenna and booster Table 2: Water Quality Station Configuration Station No. Name Temp Specific Conductance Ph Do/%sat 072 SALT01 X X X X 074 SALT03 X X X X 076 SALT05 X X X X Stage Height Monitoring Three (3) stage height monitoring stations are located on bridges along the Oso Creek (Image 2) 1. OCWL01 (-27° 43' 18.26" N 97° 27' 28.55" W) at Saratoga Rd. near Calle Cuernavaca 2. OCWL02: (-27° 41' 19.82" N 97° 25' 45.36" W) at Weber Rd. near Yorktown Blvd. 3. OCWL03: -27° 39' 24.89" N 97° 24' 5.89" W) at South Staples St. near Oso Pkwy. These data collection stations will collect stage height, air temperature, precipitation, barometric pressure, and relative humidity (Table 4). The Oso Creek stage height monitoring stations will assist the CCUD in monitoring Oso Creek water levels in relation to adjacent infrastructure. Station components and configuration are listed in Table 3 and Table 4, respectively Page 2 of 8 Image 2: Stage Height monitoring locations Table 3: Stale Height Component List Component Type Radar Water Level sensor Nile 502 Weather Transmitter Vaisala WXT-530 Data logger CR1000 IP Modem RV50 w/antenna and booster Table 4: Stage Height Station Configuration Station No. Name Stage Height Rainfall Air Pressure Humidity 242 OCWL01 X X X X 243 OCWL02 X X X X 244 OCWL03 X X X X METEOROLOGICAL MONITORING Seven (7) meteorological (MET) stations are located throughout the City of Corpus Christi (Image 3). These data collection stations provide data to City technicians critical in determine the time and frequency of water samples. During rain events, data are provided via the following web site: http://www.cbi.tamucc.edu/ccrl. In addition, an automated notice of rainfall is sent via email to specific city personnel. Station components and configuration are listed in Table 5 and Table 6, respectively. 1. CCWXAM: (27° 42' 54" N 97° 19' 43" W), TAMUCC 2. CCWXRF: (27° 40' 34" N 97° 21' 9" W), Rodd Field Rd 3. CCWXCM: (27° 43' 54" N 97° 22' 40" W), Carmel Pkwy 4. CCWXCP: (27° 41' 6" N 97° 25' 0" W), Cedar Pass Dr. Page 3 of 8 5. CCWXDE: (27° 45' 51" N 97° 24' 15" W), Del -Mar College East campus 6. CCWXDW: (27° 46' 24" N 97° 26' 24" W) Del -Mar College West campus 7. CCWX07: (27° 52' 4.2" N 97° 37' 54.5" W) at the Nueces River pump station Image 3: Meteorological station location Table 5: MET Station Comuonent List Component Type Weather Transmitter Nile 502 Data logger CR1000 IP Modem RV50 w/antenna and booster Table 6: MET Station Configuration Station No. Name Temp Wind Rainfall Air Pressure Humidity 236 TAMU-CC X X X X X 275 Rodd Field X X X X X 276 Carmel Parkway X X X X X 277 CCWXCP Cedar Pass X X X X X 278 CCWXDE Del Mar East X X X X X 279 CCWXDW Del Mar West X X X X X 256 CCWX07Nueces River X X X X X OPERATION, MAINTENANCE AND MANAGEMENT Project Management The Principal Investigator (PI) for this project will be Ms. Devon Steffan, designated Co - Principal Investigator will be Mr. James Rizzo (Co -PI). The PI or his designee shall be responsible for all project management activities of this project to include but not be limited to personnel assignment, scheduling, service, maintenance, accounting, reporting, and invoicing. Page 4 of 8 General Tasks TAMU-CC shall designate an operator (or operators) to perform the following local duties: a. Perform Quality Assurance/Quality Control checks on all data collected from each station ensuring all data are within expected ranges b. Schedule all maintenance activities necessary to include regularly scheduled service and emergency/unscheduled maintenance visits c. Maintain field activity logs d. Maintain Site Visit logs e. Maintain inventory of sensors/components/equipment f. Calibrate datasondes prior to field deployment g. Clean and post calibrate all datasondes upon removal from the field h. Maintain calibration logs for each sensor Table 7 - Sensor Service schedule CBI Station No. Station Name Sensor Service Interval 072 SALT01 WQ 2 Weeks (+/- 1 week) 074 SALT03 WQ 2 Weeks (+/- 1 week) 076 SALT05 WQ 2 Weeks (+/- 1 week) 236 CCWXAM MET 2 -month 275 CCWXRF MET 2 -month 276 CCWXCM MET 2 -month 277 CCWXCP MET 2 -month 278 CCWXDE MET 2 -month 279 CCWXDW MET 2 -month 256 CCWX07 MET 2 -month 242 OCWL01 WLS 2 -month 243 OCWL02 WLS 2 -month 244 OCWL03 WLS 2 -month NOTE: The service interval has been changed from the 6 -month site visit to a bi-monthly site visit to improve data quality and collection capabilities. The natural flora and fauna in the vicinity of many sites will require a closer monitoring of each data collection site. Sub Task 1— Scheduled Maintenance TAMU-CC will perform the tasks identified below. Nueces Water Quality Monitoring Due to the service interval for SALTS 01, 03 and 05, no emergency site visits are budgeted. System or sensor issues will be resolved on the next scheduled site visit. a. Upon arrival at each station, readings will be recorded from the datasonde pri or to removal b. Replace datasonde with a clean, calibrated unit c. Upon replacement, readings from the installed datasonde will be recorded. d. Independent salinity readings will be taken using a portable refractometer and recorded. Page 5 of 8 e. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation f. Data will be downloaded from the data collection system for archival g. Communications will be checked and verified h. If for any reason, CBI is unable to replace or repair damaged or malfunctioning components, Field Operations personnel will notify the PI and discuss options for repairs. i. Should an Emergency/Unscheduled site visit be required, the PI will contact the City's Project Manager and discuss options. Oso Creek Stage Height Monitoring There are no emergency visits are budgeted for the stage height stations. a. Regular maintenance will be conducted every two (2) months b. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation c. Verify stage height offset Corpus Christi Meteorological (MET) Monitoring There are no emergency visits are budgeted for the MET stations. a. Regular maintenance will be conducted every two (2) months b. Inspection of all station hardware, cables, antennas, enclosure, and solar panels. Panels will be cleaned and tested, battery tested, and components will receive required maintenance or repair as needed. All sensors and systems will be tested for proper operation DATA COLLECTION CBI has collected data from remote data collection platform (DCP) since 1995 utilizing our internal database and proprietary automated processes. Data are generally collected every 6 minutes from all DCP's via an IP modem installed at each station. Data collection initiates the following process: a. Upon acquisition, raw data files are validated ensuring data header files meet archived station information files within the database b. Once the data packet is verified, the data are archived in raw form within the database c. Data packets are processed for dissemination d. Staff generally performs QA/QC checks of all data each morning noting suspect or missing data or sensor malfunction. e. Daily and ten-day salinity levels are provided per month via http://lighthouse.tamucc.edu/salrel, INSTRUMENT CALIBRATION This section provides general tasks how instruments will be calibrated. Page 6 of 8 Hydrolab Datasonde service a. All datasondes are calibrated following procedures established or recommended by the manufacturer b. Water quality values from each datasondes are checked and recorded prior to cleaning post deployment. c. Datasondes are calibrated using NIST traceable standards after cleaning and servicing each sensor d. All post -calibration and calibration records are archived and can made available upon request. MS5 and CMS5 Datasondes are returned to HydroTech ZS for inspection, repair, and refurbishment annually as part of an Annual Maintenance Agreement. Annual service includes sensor maintenance, adjustment, and recalibration. CBI archives annual maintenance documentation and will be made available upon request. Vaisala WXT-530 Weather Transmitter The Vaisala WXT-530 weather transmitter does not require calibration. The WXT-PTUSP contains calibration data and will be replaced every two years as recommended. Nile 502 Pulse Radar Water Level Sensor The Nile 502 Radar Water Level Sensor does not require calibration. Sensor accuracy is checked during the annual maintenance. Sensor that do not function properly after the Annual Maintenance will be returned to the manufacture for repair or replacement. STATION DOCUMENTATION Following each scheduled or emergency station visit, TAMU-CC shall complete and archive a Site Report, using CBI's proprietary database. Site visit reports contain information related to any service, maintenance, and/or repair action performed. TAMU-CC will archive station records for a period of three (3) years and available to City personnel upon request. NOTE: There are no scheduled progress reports required within this SOW Page 7 of 8 REPLACEMENT PARTS AND EQUIPMENT Below is a list of spare components on hand and available for this project: Serial Number Component 1 Description Quantity 48116 CR1000 Data logger 1 89325 CR1000 Data logger 1 48963 MS5 Datasonde 1 48964 MS5 Datasonde 1 48965 MS5 Datasonde 1 48966 MS5 Datasonde 1 H221003 WXT 530 CCTX Spare All in One Weather Transmitter 1 H221004 WXT 530 CCTX Spare All in One Weather Transmitter 1 H221007 WXT 530 CCTX Spare All in One Weather Transmitter 1 H221012 WXT 530 CCTX Spare All in One Weather Transmitter 1 Page 8 of 8 EXHIBIT B BUDGET SUMMARY SUB -TOTALS Salaries $ 66,691 Benefits $ 21,849 Travel $ 16,931 Supplies $ 2,430 Other Expenses $ 11,380 • Datasonde service contract • AT&T monthly modem cost • Freight Facilities & Administrative Costs (Indirect Direct) at 37.5% $ 44,731 MTDC TOTAL YEAR 1: $ 164,012 TOTAL YEAR 2: $ 168,932 TOTAL YEAR 3: $ 174,000 GRAND TOTAL: $ 506,944 Year 1 (January 1, 2021 -December 31, 2021) award amount will be invoiced in equal, monthly installments over the first 12 -month period of this contract and in subsequent budget years. TAMU-CC anticipates continuing service for up to three (3) years, and the annual project budget will not increase by more than 3% percent per year. TAMU-CC's DHHS-approved Facilities and Administrative Cost rate will be applied in Budget Years 2 and 3 at 38.0% of a Modified Total Direct Cost base. Page 9 of 8 AGENDA MEMORANDUM Action Item for the City Council Meeting January 26, 2021 DATE: December 28, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation FredSQcctexas.com (361) 289-0171 Authorize submission of Passenger Facility Charge Application No. 3 allowing for recovery of airport's grant matching funds associated with Runway Extension and Taxiway Projects at Corpus Christi International Airport. CAPTION: Motion authorizing the City Manager or designee to submit and amend, as necessary, Passenger Facility Charge (PFC) Application No.3 to the Federal Aviation Administration to allow for reimbursement of $8,025,062 in airport operating funds used to match runway extension and taxiway project grant monies, to affirm all assurances and understandings required in PFC Application No. 3, and to take any actions required in connection with the application. SUMMARY: PFC Application #3 will allow CCIA to use current PFC collections, in excess, to reimburse funds already spent on Runways 17-35 and 13-31 and Taxiway projects completed in 2016. BACKGROUND AND FINDINGS: The Federal Aviation Administration may authorize airports to collect a Passenger Facility Charge (PFC) of $4.50 per enplaned passenger to fund eligible capital projects. A formal application process is required along with airline consultation and public comment. On April 14, 1998, the FAA authorized PFC Application #2 for CCIA which provided funding for the construction of the terminal and roadway. PFCs provided pay-as-you-go funds as well as debt service funding for these projects. Application No. 2 has resulted in annual collections of approximately $1.3 million with $1.1 million committed to Series 2012 A & B debt service. CCIA is seeking approval from the FAA for PFC Application No. #3. Application #3 would authorize CCIA to impose and use an additional $8,025,062 of PFCs through an estimated charge expiration date of August 1, 2031. By securing this approval, CCIA would be authorized to use current PFC collections in excess of the Series 2012 A & B debt service requirements to reimburse funds already spent on the Runways 17-35 and 13-31 and Taxiway projects completed in 2016. It should be noted that no additional charges would be assessed to passengers as the rate is "capped" at $4.50. The additional revenue would be collected by extending the expiration date through 2031. ALTERNATIVES: Without PFC collection and use authority for the Runways 17-35 and 13-31 and Taxiway projects, the debt service on these projects would have to continue to be funded with airport operating revenue or other City revenues. This would limit the Airport's ability to use such airport operating revenues to fund future needed airport capital projects or would require such future projects to be funded with additional debt. Airport staff does not recommend this as a financially viable option. FINANCIAL IMPACT: PFC Application #3 will allow CCIA to use current PFC collections, in excess, to reimburse funds already spent on Runways 17-35 and 13-31 and Taxiway projects completed in 2016. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: Passenger Facility Fund - 4621 Runways 17-35 and 13-31 and Taxiways Projects 274 Runways 17-35 and 13-31 and Taxiways 550910,550920,550950,550970 Passenger Facility Charge funds and budgeted operating funds combine to provide the total debt service requirement. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Passenger Facility Charge Application #3 Packet C,.w CORPUS CHRISTI INTERNATIONAL AIRPORT Passenger Facility Charge Application #3 January 2021 CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT January XX, 2021 Mr. Steven Cooks Program Manager/PFC Specialist DOT/FAA Southwest Region Airports Division / ASW -650 10101 Hillwood Parkway Fort Worth, Texas 76177 Re: Passenger Facility Charge Application #3 Dear Mr. Cooks: The City of Corpus Christi, Texas is pleased to submit this Corpus Christi International Airport Passenger Facility Charge Application #3. As the responsible official for the City of Corpus Christi, Texas, I, Fred Segundo, certify that this application is true and correct and that the City of Corpus Christi, Texas, (the governing body of the public agency operating the Corpus Christi International Airport) has duly authorized the submission of this application. This application was prepared in accordance with 14 CFR § 158 and includes an executed FAA Application Form 5500-1 (9-18) and the following sections: • Attachment A: Airport Capital Improvement Plan • Attachment C: Air Carrier Consultation Information • Attachment D: Request to Exclude Class(es) of Carriers • Attachment H: Notice of Intent Project Information • Attachment I: Additional Information This application seeks to continue PFC collections at the $4.50 collection level. The expiration date of this new application is estimated to be August 1, 2031 based on the Airport's current rate of PFC collections. The required consultation meeting with the air carriers was held on December 14, 2020. Relevant information regarding the air carrier consultation meeting and subsequent communication with the air carriers is included in Attachment C: "Air Carrier Consultation & Public Notice Information." The City received no certificates of agreement or disagreement with 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-289-0251 1 flyccia.com CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT the proposed projects from any air carriers. The City received no opposing public comments from the public notice posted on the Airport's website during the 30 -day comment period. We appreciate your assistance and look forward to your favorable review of our proposed PFC application. Should you have any questions or require further information, please feel free to contact at (361) 289-0171, extension 1231 or by e-mail at victorAcctexas.com. Respectfully Submitted, Fred Segundo Director of Aviation Cc: Marcelino Sanchez, Program Manager, FAA — Texas Airports District Office 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-289-0251 1 flyccia.com APPLICATION OMB Approved 2120-0557 Exp. 12/31/2020 albv Federal Aviation Administration U. S. Department of Transportation PASSENGER FACILITY CHARGE (PFC) APPLICATION 1. Application Type (Check all that apply) FAA USE ONLY ►1 a. Impose PFC Charges Date Received PFC Number ►1 b. Use PFC Revenue • c. Amend PFC No. PART I 2. Public Agency Name, Address, and Contact Person Agency Name Citv of Corpus Christi, Texas 3. Airport(s) to Use CORPUS CHRISTI INTERNATIONAL AIRPORT (CRP) 4. Consultation Dates a. Date of Written Notice to Air Carriers: November 9, 2020 Address 1000 International Drive b. Date of Consultation Meeting with Air Carriers: December 14, 2020 City, State, ZIP Corpus Christi, TX 78406 c. Date of Public Notice: November 5, 2020 Contact Person Victor Gonzalez, Development & Construction Manager PART II 5. Charges a. Airport to Impose CORPUS CHRISTI INTERNATIONAL AIRPORT (CRP) b. Level c. Total Estimated PFC Revenue by Level d. Proposed Effective Date: January 1, 2027 e. Estimated Expiration Date: August 1, 2031 • $1.00 ■ $2.00 ■ $3.00 Impose Use • $4.00 1/ $4.50 Impose $8,025,062 Use $8,025,062 PART III 6. Attachments (Check all that Apply) Attached Submitted with Application Number Document a. 0 • Airport Capital Improvement Plan b. ■ ■ Project Information (Attachment B) c. ❑ Air Carrier Consultation and Public Notice Information d. 0 ❑ Request to Exclude Class(es) of Carriers e. ❑ ❑ Alternative Uses/Projects f. ❑ ❑ Competition Plan/Update g. ❑ ❑ ALP/Airspace/Environmental h. 0 ❑ Notice of Intent Project Information i. ❑ Additional Information PART IV 7. With respect to this PFC application I hereby certify as follows: To the best of my knowledge and belief, all data in this application are true and correct; This application has been duly authorized by the governing body of the public agency; The public agency will comply with the assurances (Appendix A to Part 158) if the application is approved; For those projects for which approval to use PFC revenue is requested, all applicable ALP approvals, airspace determinations, and environmental reviews required by the National Environmental Policy Act have been completed. If required, the public agency has submitted a competition plan in accordance with 49 U.S.C. 47106(f); and If required by 49 U.S.C. 40117(d)(4), adequate provision for financing the airside needs, including runways, taxiways, aprons, and gates, has been made by the public agency. a. Typed Name of Authorized Representative Fred Segundo b. Title Director of Aviation c. Telephone Number (361) 289-0171 d. E-mail Address FredS@cctexas.com e. Fax Number (361) 289-0251 f. Signature of Authorized Representative g. Date Signed Paperwork Reduction Act Statement: A federal agency man not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0557. Public reporting for this collection of information is estimated to be approximately 5-80 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required to obtain FAA approval of authority to collect PFC revenue (49 U.S.C. 40117(c)). Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5500-1 (9-18) Supersedes Previous Edition CAPITAL IMPROVEMENT PLAN CAPITAL IMPROVEMENT PLAN (CIP) [FAA] $ 2,500,000 2021 Plan Entitlement 000 Year Available Priority ODD Project Component and/or Phase Est Total protect Cost A yin care Act yin FAA ReqSponsor Match PFL Match FAA Match yin yin PFC Proj Ref Fundin• Source Plan Sponsor Other Local Approved amount EE Obligated Available on other AlP Planned PFC Bel ENT DI Reobligation Care Act Rehabilitate Terminal Building, Phase 1$ * Installation of PBB (Passenger Boarding Bridge) S 4,500,000 { N + Y Rehabilitate RWY 13/31 and Associated Taxiways S 4,750,000 V 1 N 10 9,250,000 ' '$ 475,000 ' Y V '$ 5,000 ' N + $ S 8 2,500,000 '$ f 5 4� - S Zero'$ ®_ 475,000 '$ 9,250,000 S S 1,775,00085 1,775,000 ' Zero'$ 4,500,000 1 22 !Rehabilitate Terminal Building, Phase 2 1 1 *Roof Replacement & Window Glazing ;$ 2,500,000 ; Y ; N t 1 t f V 1 V + N t V t 1 V V t 1 V V 1®- 1 V S e $ 2,500,000 '9 2,500,000 ' '5 250,000 ' '5 2,250,000' ,5 2,250,000' '5 250,000'$ 2,500,000 !Rehabilitate RWY 18/36 and Associated Taxiways !$ 3,250,000 ! V 1 t 1 1 + V N ! 1 ! ! f 1 = 0u.. S 425,000 ! 1 ! f . t $ 3,250,000 2023 Annual Subtotals:!$ 3,250,000 ! ! !! 15 325,000 1 '�0 2,925,000 ! ! ! , '�0 2,500,000 !$ 425,000 ! 15 325,000 !9 3,250,000 !Rehabilitate Terminal Building, Phase 3 1 1 1*Replacement of Cooling Towers, HVAC & EMS 1$ 2,500,000 1 Y -t t 1 t+ 2023 Annual Subtotals:4 2,500,000! ! = = 1 "- N 1 { !9 250,000' !9 2,250,000 1 ! 1 1 1 1 t { ! =� — 1:: l$ 2,250,000 1 1 1 t { i ! ! $ 19 5 2,500,000 250,000 :5 2,500,000 .Rehabilitate Terminal Building, Phase 4 i 1 + I*Electrical Replacement (Back -Up Generator & Switch Gear) 1$ 4,750,000 I Y 1 V 1 V + 1 1SS r e Y 18 Y N V ! t N 1 V r ! ! t t S = 1 1 $ 1,775,000 1$ V V V V 1,775,000 1 ! is V V 4,750,000 ! ! 2025 Annual Subtotals:!$ 4,750,000 1 1 V.Rehabilitate Terminal Building, Phase 5 1 t r !*BARA/Restrooms & Nursing Room .5 2,500,000 ! Y ! 18 475,000 1 4,275,000 1 1 ! 2,500,000 15 10 475,000 !9 4,750,000 t 0 $ $ 2,500,000 ' ' 2025 Annual Subtotals:!$ 2,500,000 1 Rehabilitate Terminal Building, Phase 6 ."Public Areas, Gate Lounges & Curbside $ 2,500,000 1 Y , + !$ 250,000 ' 18 2,250,000 1 1.100/'00 1 N { ,18''r'i� i _ -S i !$ 250.000:5 2,500,000 2,500,000 .5-:::: 0€S 2026 Annual Subtotals:!$ 2,500,000 1 ! ;E 250,0005 2,250,000 ! l5 2,250,000 ! 1 250.000 5 2,500,000 = ppdate AirportI FPavement Assessment/Program lARFF Apron/Entrance, Phase 1 (Design/Construction) lll :Iiiii 5 50,000 300.000 1,450,000 & 6 Year CIP Totals:!$ 32,250,000 1 1 !$ 2,275,000 : !$ 27,225,000 1 Printed on 1212112020 PROJECT INFORMATION ATTACHMENT H Public Agency: Location: Impose Airport Use Airport(s): City of Corpus Christi, Texas Corpus Christi, Texas Corpus Christi International Airport Corpus Christi International Airport Fill in all shaded areas, and break projects into major components. Prj No. Project Title PFC Level PFC Revenue Requested AIP Funds Grant No. Other Revenue Total Project Cost Project Type PFC Objective Pay-as-you-go Bond Capital Financing Total PFC 1 Kunway 1 /nib; bOU extension ana # ssociatea C $4.50 $ 268,607 $ 2,020,006 $ 724,484 $ 3,013,097 $18,863,417 47,49 $0 $21,876,514 Concurrent Erhance Safety 2 l3 -ST, luau txtenslon ana Assoclatea To„ ilnfnue $4.50 $ 27,647 $ 2,929,876 $ 1,049,105 $ 4,006,628 $27,052,247 47'49' fin $0 $31,058,875 Concurrent w Fr•hanceSafety V 3 Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 $4.50 $ - $ 703,850 $ 251,527 $ 955,377 $6,334,649 51 $0 $7,290,026 Concurrent v• Concurrent V Fr•hanceSatety V Fr•hance Safety r -. -. V V . 4 PFC Administration Costs $4.50 $ 49,960 $ - $ - $ 49,960 $0 $0 $49,960 5 $- $0 -. 6 $ - $0 7 $- $0 . - v V . 8 $ - $0 9 $- $0 10 $ - $0 11 $- $0 12 $ - $0 13 $- $0 14 $ - $0 15 $- $0 16 $ - $0 17 $- $0 18 $ - $0 19 $- $0 20 $ - $0 Notice Total: $346,214 $5,653,732 $2,025,116 $ 8,025,062 Proposed Excluded Class(es) of Carrier: ATCO Class of Carriers filing FAA Form 1800-31 ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 2 Fill in all shaded areas Terminal Information Physical Dates Pre PFC Action Post-PFC Action Prj No. Project Title ruouc Agency No. Detailed Project Description Project Start Project End Tkt Cntr Gates Bag Fac. Tkt Cntr Gates Bag Fac. 1 Runway 17-35; 600' Extension and Associated Taxiways 03-001 This project includes the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft.; asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run- up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al, A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. 10/29/2012 6/6/2014 2 Runway 13-31; 1000' Extension and Associated Taxiways 03-002 This project includes the design and construction of primary runway extension (150 ft. X 1000 ft.; asphaltic concrete pavement), construct new taxiways: B (75 ft. X 475 ft.; asphaltic concrete pavement), B1 (75 ft. X 475 ft.; asphaltic concrete pavement), B2 (75 ft. X 475 ft.; asphaltic concrete pavement), B3 (75 ft. X 950 ft.; asphaltic concrete pavement), B5 (75 ft. X 475 ft. asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate the following existing pavements: runway (coal -tar sealant and crack sealant) and taxiways B (coal -tar sealant and crack sealant), B4 (coal -tar sealant and crack sealant), F (coal -tar sealant and crack sealant) and G (coal -tar sealant, crack sealant and full -depth concrete pavement (75 ft. X 800 ft.)); removal of existing taxiway B; relocation of all navigational aids; install LED taxiway lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. 5/4/2014 5/26/2016 3 Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 03-003 This project includes the design and construction (rehabilitation) of taxiways: B (75 ft. X 7,500 ft.; coal -tar sealant and crack sealant), B1 (75 ft. X 475 ft.; coal -tar sealant), B2 (75 ft. X 475 ft.; coal -tar sealant), B3 (75 ft. X 950 ft.; coal -tar sealant), B4 (75 ft. X 950 ft.; coal -tar sealant and crack sealant) and B5 (75 ft. X 475 ft.; coal -tar sealant); removal of existing taxiways B2, B3 and B4; install LED taxiway lights: B and B4; install pavement markings and signage on taxiway pavements. 5/4/2014 5/26/2016 ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 2 Fill in all shaded areas Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office Terminal Information Physical Dates Pre PFC Action Post-PFC Action Prj No. Project Title ruouc Agency No. Detailed Project Description Project Start. Project End Tkt Cntr Gates Bag Fac. Tkt Cntr Gates Bag Fac. 4 PFC Administration Costs 03-004 This project includes PFC-eligible general formation costs included in this PFC project are the necessary expenditures to prepare the new PFC application. Development associated with the approved projects in this application will preserve and enhance capacity and safety at the Airport. 4/1/2020 6/1/2021 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 3: Fill in all shaded areas Prj No. Project Title Any Disagree No No No No v V v v v V V V v V V V V Describe Disagreement and Source Public Agency Reason For Proceeding 1 Runway 17-35; 600' Extension and Associated Taxiways 2 Runway 13-31; 1000' Extension and Associated Taxiways 3 Rehabilitate Taxiways B, B1, B2, B3, B4 and 65 4 PFC Administration Costs 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 4: Fill in shaded area Prj No. Project Title Project Justification NLI'A Finding i-inaing Date Airspace Finding i-inaing Date case Number ALF Finding i-inaing Date 1 Runway 17-35; 600' Extension and Associated Taxiways This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety FONSI v 6/26/2012 Yes v 4/26/2012 2012 -ASW- (1455 thru 1467) -NRA; 2012 -ASW - (1473 -1507) - NRA Yes _v 7/16/2007 Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways A, Al, A2 and A3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also, the newly constructed Taxiways A, Al, A2, A3 and A4 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 17-35's 600 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A, Airport Design. 2 Runway 13-31; 1000' Extension and Associated Taxiways This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways B, B1, B2 and B3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also, the newly constructed Taxiways B, B1, B2, B3 and B5 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 13-31's 1,000 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A, Airport Design. FONSI v 6/26/2012 Yes w 5/15/2014 2014 -ASW- (2694 thru 2741) -NRA Yes w 7/16/2007 3 Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 This project will address and eliminate the possibility of future i runway incursions at the following locations: Intermediate Taxiway B3 located between Terminal Apron and Taxiway B; Intermediate Taxiway B4 located between Taxiway B and F; and Intermediate Taxiways B2, B3 and B4 located between Taxiway B and Runway 13-31. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that these intermediate Taxiways B2, B3 and B4 required removal to permanently eliminate runway incursions (hot spots) at these locations. In addition, Taxiways B3 and B4 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from aprons. Also, this project included the rehabilitation (coal -tar sealant and crack sealant) of existing taxiways to extend the pavements useful life. FONSI v 6/26/2012 IYes v 5/15/2014 2014 -ASW- (2694 thru 2741) -NRA Yes v 7/16/2007 4 PFC Administration Costs Cat -X . N/A w N/A 5 V V v v v v v v v 6 v v 7 V V 8 9 V V 10 v v 11 . . 12 V v 13 v v 14 v v 15 V V 16 17 18 20 Submit this worksheet with FAA Form 5500.1 If you have any questions about this worksheet, please contact your local Airports District Office w w ATTACHMENT H Public Agency: Location: City of Corpus Christi, Texas Corpus Christi, Texas Page 5: For FAA Use F'rj No. Project Title NFC: Level Each project project above $3 meets 158.17(a)(2) and (3), plus comments Other FAA Comments 1 Runway 17-35; 600' Extension and Associated $4.50 w 2 Runway 13-31; 1000' Extension and Associated $4.50 v 3 Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 $4.50 v 4 PFC Administration Costs $4.50 v 5 $0.00 v 6 $0.00 v 7 $0.00 v 8 $0.00 v 9 $0.00 v 10 $0.00 v 11 $0.00 v 12 $0.00 13 $0.00 v 14 $0.00 v 15 $0.00 v 16 $0.00 v 17 $0.00 v 18 $0.00 v 20 $0.00 AIR CARRIER CONSULTATION AND PUBLIC NOTICE Attached is the summary of the consultation with the air carriers operating at the Airport, including: (i) A list of all carriers operating at the Airport and a list of those notified (ii) A list of carriers that acknowledged receipt of the notice (iii) A copy of the information provided to the carriers before and after the consultation meeting (iv) Lists of carriers that certified agreement and disagreement with the proposed amendment (v) A summary of substantive comments by carriers contained in the certificates of disagreement with the proposed amendment, and the Airport's reasons for proceeding. (also attached is a copy of the Airline Notice, the consultation meeting agenda, and the sign -in sheet) (i) The carriers listed below operated at least one scheduled flight into Corpus Christi International Airport or appeared on the latest official FAA publication of the Air Carrier Activity Information System as having a "significant business interest" and therefore were sent a PFC notice of application #3 certified mail on November 9, 2020: Envoy Air Expressjet Airlines Inc Mesa Airlines, Inc Republic Airlines SkyWest Airlines, Inc. Southwest Airlines Co Sun Country Airlines United Air Lines, Inc. The airport elected to send notices to the following additional carriers: American Airlines, Inc. Swift Air LLC (ii) Certified mail receipts (of the notice) were returned to the Airport by all the air carriers who received a notice with the exception of ExpressJet. Their notice is reflected as "in transit" according to the USPS website. ExpressJet ceased operations in September 2020. (iii) Copies of all information provided to the carriers before and after the consultation meeting. (iv) The Airport did not receive any letters of Certification of Agreement or Certification of Disagreement with the proposed application. (v) There were no letters of disagreement received by the Airport. CoNA CORPUS CHRISTI INTERNATIONAL AIRPORT NOTICE TO ALL AIR CARRIERS SERVING CORPUS CHRISTI INTERNATIONAL AIRPORT November 9. 2020 RE: Proposed PFC Application #3 for CRP The City of Corpus Christi. Texas hereby provides notice. in accordance with 14 CFR 158.23 ofthe Passenger Facility Charge regulating, ofa consultation meeting with the air carriers serving the Corpus Christi International Airport (CRP). This meeting is intended to discuss as required by the PFC regulation. the submission ofa new application (impose and use) to the FAA for extension of our Passenger Facility Charge authority at CRP. The legislation requires airline notification of potential PFC funded projects 30 to 45 days prior to the PFC meeting. In addition, the legislation requires that information on the program be conveyed to the airlines and that the airlines respond to the Airport, in writing, acknowledging receipt of thc required notice_ In accordance with Federal Aviation Regulation 14 CFR Part 158.23 Passenger Facility Charges, the City will hold a consultation meeting with air carriers on Monday. December 14. 2020 at 10:00 a.m. local time, regarding the proposed application. The meeting will be held by video conference through Webex. Participants can join the meeting by going to %% ►4 _webex,coin and using Meeting number (access code): 146 50 8316. password: ccia. Participants can also call into the meeting by dialing (408) 418-9F388 and using the same access code and password. Any participant wishing to attend the meeting in person can do with prior coordination with the City by contacting Victor Gonzalez at (36i) 289-0171. Should you have any technical di€ficulties connecting into the meeting, please contact Mr. Gonzalez at the same number, The City plans to continue the maximum PFC allowable of $4,50 per enplaned passenger. We anticipate collection to begin on January 1. 2027, when the previous application is fully cotlected_ The total revenue to be collected for projects inthis application is $8,025,062. The PFC expiration date for this application is estimated to be August 1, 2031. Future PFC projects will likely extend the expiration date. The City recommends continued exclusion or Air Taxi/Commercial Operators (ATCO) filing FAA Form 1800-31, from the collection of PFCs. These nonscheduled/on demand air carriers comprise less than 1% of the total enplanements at CRP. In 2019. the ATCO carriers included Netjets Aviation, Inc and this class of carriers enplaned 9 passengers. We request this exemption based on the complexity of record keeping. the cost of implementation of collecting and monitoring the PFC 1000 Inacrnarional Drive Corpus Christi, Texas 78406 P 36I -289-0I71 F 361-289-0211 1 11)ccia. corn CCIA CORPUS CHRISTI INTERNATIONAL AIRPORT program for small carriers. and the tact that ATCOs account for such a small percentage of total enplanements. The four projects described on the following paps are the proposed projects for PFC funding. We look forward to discussing in detail. these projects at our air carrier consultation meeting on December 14.2020, Thank you for serving Corpus Christi International Airport Sincere] Fred Segundo Director otAviation CC: Marceline Sanchez. Program Manager, FAA — Texas Airports District Office Steven Cooks. Program Manager(PFC Specialist_ FAA — Texas Airports District Office 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0I7I F 36I-289-0251 1 fl}ccia,com CORPUS CHRIST! INTERNATIONAL AIRPORT (CRP) PFC APPLICATION #3 PROJECT DESCRIPTIONS 03-001 Runway 17-35: 600' Extension and Associated Taxiways Description: This project includes the design and construction of secondary runway extension (1 50 ft. X 600 ft.: asphaltic concrete pavement), construct new taxiways: A. (75 ft. X 550 fl.; asphaltic concrete pavement). Al (75 ft. X 550 ft.: asphaltic concrete pavement), A2 (75 fl. X 550 ft.: asphaltic concrete pavement). A3 (75 ft. X 550 ft.: asphaltic concrete pavement) and A4 (75 ft. X 565 ft.: asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement): construct new blast pad (200 ft. X 200 ft.: asphaltic concrete pavement). construct new run-up pad (100 ft. X 400 ft.: asphaltic concrete pavement). rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A. D. E. M, N, P and Q. relocation of all navigational aids. removal of existing taxiways A. Al, A2, and A3, install LED taxiways lights. install runway extension lights. install pavement markings and signage on runway and taxiway pavements. Justiticatign: This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO. CRP ATCT. Airport. FPO. CRP, etc.) prepared a Safety Risk Management Document dated April 27. 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways A. Al. A2 and A3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design. since these taxiways were directly connected to the runway from the terminal apron. Also. the newly constructed Taxiways A. A I. A2. A3 and A4 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 17-35's 600 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A. Airport Design. This project started October 29. 2012 and was completed on June 6. 2014. The total cost and funding sources of this project were as follows: Funding Sou rets Costs AIP Funds (Grants 47 and 491 S18.863.417 PFC Bond Capital (Local Match) 2.020.005 PFC Pay -Go (City Reimbursement) 268,607 Total Capital Costs 521,152,029 PFC Financing R Interest 724.484 Total PFCs Requested 53,013,097 03-002 Runway 13-31; ice' Extension and Associated Taxiways Description: This project includes the design and construction of primary runway extension (1 50 ft. X 1000 ft.: asphaltic concrete pavement). construct new taxiways: B (75 ft. X 475 ft.; asphaltic concrete pavement). BI (75 ft. X 475 ft.: asphaltic concrete pavement). 82 (75 ft. X 475 ft.; asphaltic concrete pavement). B3 (75 f3. X 950 ft.: asphaltic concrete pavement), 135 (75 ft. X 475 ft. asphaltic concrete pavement): construct new blast pad (200 fl. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (I 00 ft. X 400 fit.; asphaltic concrete pavement), rehabilitate the following existing pavements: runway (coal -tar sealant and crack sealant) and taxiways B (coal tar sealant and crack sealant), B4 (coal -tar sealant and crack sealant). F (coal - tar sealant and crack sealant) and 0 (coal -tar sealant. crack sealant and full -depth concrete pavement (75 ft. X 800 ft.)); removal of existing taxiway B; relocation of all navigational aids; install LED taxiway lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. Justification: This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends .and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT. Airport, FPO. CRP, etc.) prepared a Safety Risk Management Document dated April 27. 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition. the existing Taxiways B. Bl. B2 and B3 were removed since they did not comply with Advisory Circular 1500/5300-13A. .Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also. the newly constructed Taxiways B, B1. B2. 83 and B5 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient laxiway system due to the Runway 13-31's 1.000 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A. Airport Design. The project started May 5. 2014 and was completed on May 26, 2016. The total cost and funding sources of this project were as follows: Funding Sources Costs Al P Funds (Grants 47, 49 and 50) $27,052.247 PFC Bond Capital (Local \ latch) 2.929,876 PFC Pay -Go (City ReirnharstInent) 27,647 Total Capital Costs $30,0,770 PFC Financing & Interest 1.049,105 Total PFCs Requested _ 54,006,628 03-003 Rehabilitate Taxiways 11, BI, B2, B3, B4 and BS Description: This project includes the design and construction (rehabilitation) oftaxiways: B (75 ft. X 7.500 II,: coal -tar sealant and crack sealant). 131 (75 ft. X 475 ft.; coal -tar sealant),132 (75 ft. X 475 ft.; coal -tar sealant). B3 (75 I1. X 950 ft.: coal -tar sealant), B4 (75 ft. X 950 ft.: coal -tar sealant and crack sealant) and B5 {75 fl. X 475 ft.: coal -tar sealant); removal of existing to ciways 82,133 and B4: install LED taxiway lights: 13 and 134: install pavement markings and signage on taxiway pavements. Justification: This project will address and eliminate the possibility of future runway incursions at the following locations: Intermediate Taxiway 133 located between Terminal Apron and Taxiway 13: Intermediate Taxiway B4 located between Taxiway 13 and F: and Intermediate Taxiways 132. B3 and B4 located between Taxiway B and Runway 13-31. The Runway Safety Action Team (ATO. CRP ATT, Airport, FPO. CRP, etc-) prepared a Safety Risk Management Document dated April 27. 2012. This document determined that these intermediate Taxiways B2, B3 and 134 required removal to permanently eliminate runway incursions (hot spots) at hese locations, In addition, Taxiways 133 and 134 were removed since they did not comply with Advisory Circular 1500/53P0 -13A. Airport Design, since these taxiways were directly connected to the runway From aprons. Also, this project included the rehabilitation (coal -tar sealant and crack sealant) or existing taxiways to extend the pavements useful life. The project started May 5, 2014 and was completed on May 26. 2016. The total cost and Funding sources or this project were as follows: Funding Sources Costs Al P Funds (Cirant 51) S6.334.649 PFC Bond Capital (Local Match) 703.850 TotalCapita' Costs 57,038,499 PFC Finarici g t$ Interest 251,527 Total PFCs Requested S955,377 03-004 PFC Administration Costs This project includes PFC-eligible general formation costs included in this PFC project are the necessary expenditures to prepare the new PFC application, Development associated with the approved projects in this application will preserve and enhance capacity and safety at the Airport. The total cost of this project is $49.960. PFCs are anticipated to provide 100% funding for this project. This project started in April 2020 and is estimated to be complete by June 2021. 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USPS Tracking° Track Another Package + Tracking Number: 70191120000132673933 FAQs Remove X Your item was delivered to an individual at the address at 10:55 am on November 14, 2020 in PHOENIX, AZ 85008. (✓ Delivered November 14, 2020 at 10:55 am Delivered, Left with Individual PHOENIX, AZ 85008 Get Updates u Text & Email Updates Tracking History November 14, 2020, 10:55 am Delivered, Left with Individual PHOENIX, AZ 85008 Your item was delivered to an individual at the address at 10:55 am on November 14, 2020 in PHOENIX, AZ 85008. 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FAQs https://tools.usps.com/go/TrackConfirmAction?gtc_tLabels1=70191120000132673889 2/2 CND ER: CL7MPLTE.: rNIS SECTI i Complete 1, 2, andS. • Ffin yssrir llama and auldraatt sit the mvar go that we con Watt the card to you, ▪ lAttectl to the flaoV, of the anflPleot cst the front ad p e permits, I, Esr.d to: riatvIes Parker American Airlines, Inc. 4333 Amon Carter 14vri Fort. Vs off, TX 76155 1111 11111 1111111 StS O 5402 5309 9154 2599 7 19 /120 0H 13267 3673 psF,m 3a1t >Mt 20315Ph43 9 cUMP E1F THdS SSC is 1d ,J A {VEFPY tipitet: isdatray sikkkiips. tet? C2 Vim iiyEs, maw*ono arcs. tea G. DM s7f Delivery I Type 0 AMS 0 or,wcoroaft6r at:xtu' fixe Oorgtoftooriorykurkuu DratimyIttisintdMott o • flumeolt RetmFlit Pry:y rt.,a Em,m4,,V :Ft M snap COMPLETE .1141a SCCThW )i L VEP ▪ ctIrnniutorkanal, 2,and`m'`. at Priem your me arid address on the ravine th,t tua etre return the cad to you.. 11 Attach thiv old to gib hack of thear ikpEe :=, or on the froth 4 specs paroi a. 1, Ar"t!tlra eit d Jeff ronry 81441 LLC 2710 East Oki Tower Rd Phoenix, 4 11111111111111111111111113 O 55402 5309 9154 2599 45 Scl Friable i/ is clefOsy t Fi6rr Item r i L Ys: !.;. ry .addrwobefostr. No • a R. �, . 17EArat 5r.eacrririr 7019 1120 0001 3267 _4865 3, Mica TyVi ArArawhautt. oadmidwriso ctotaftkieftvotionfati CalfarstOsirary Et Cate anl7Woarory Nott'ivtd Mary r 747 Wood MrdnokrOolocitkArary Pn Warne ATY FlotOrtFlical$ far EltrierhiroCciakrtmiittfm SantritursCOnlarration i PSFS MI38d1,mzn DonotoaftinainrimA4 Name CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT PFC Airline Consultation Meeting Sign In Sheet December 14, 2020 Com an Telephone Email Tyler Miller CRP -Assistant Director Operations 361-289-0171 tylerm@cctexas.com Victor Gonzalez CRP—Development & Construction Manager 361-289-0171 victor@cctexas.com Norma Ortiz CRP -Supervising Accountant 361-289-0171 NormaO@cctexas.com Lynn Leibowitz Leibowitz & Horton 303-601-6234 LynnL@leibowitz- horton.com Monica Weddle Leibowitz & Horton 281-928-5049 MonicaW@leibowitz- horton.com PASSENGER FACILITY CHARGE PROGRAM Proposed New PFC Application #3 CORPUS CHRISTI INTERNATFONAL AIRPORT AIR CARRIER CONSULTATION MEETING DECEMBER 14, 2020 1 ibk CORPUS CHRISTI INTERNATFONAL AIRPORT Agenda • Introductions • Current Status of PFC Applications • Proposed Impose and Use Application #3 — Projects Description • Proposed Impose and Use Financial Plan • Next Steps in the PFC Process • Questions and Comments 2 1 CLIA CORPUS CHRISTI INTERNATF❑NAL AIRPORT Current Status of PFC Applications • PFC Collection Level - $4.50 • Current collection expiration date for approved applications #1-2 — January 1, 2027 • Revenue to be collected from approved applications #1-2 - $49,700,113 3 CC1A CORPUS CHRISTI INTERNATF❑NAL AIRPORT Current Status of PFC Applications (Cont). PFCs Approved for Impose and Use $ 49,700,113 PFC Revenue Received Interest Earned $ 35,453,903 $ 1,720,966 Total PFC Revenue Received $ 37,174,869 Remaining to be Collected on Approved Application #1-2 $ 12,525,244 ** Source: PFC Quarterly Report as of September 30, 2020 4 2 Current Status of PFC Applications (Cont). CC!& CORPUS CHRISTI INTERNATIONAL AIRPORT Cumulative Expenditures Amount Approved Balance to be Through 9/30/2020 For Use Expended Application #1 $ Application #2 $ 6,337,528 $ 28,132,137 $ 6,337,528 $ 43,362,585 $ 15,230,448 Total for all Approved Applications $ 34,469,665 $ 49,700,113 $ 15,230,448 ** Source: PFC Quarterly Report as of September 30, 2020 5 Proposed Continuation of Air Taxi Exemption CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT • The City recommends continued exclusion of Air Taxi/Commercial Operators (ATCO) filing FAA Form 1800-31, from the collection of PFCs. • These nonscheduled/on demand air carriers comprise less than 1% of the total enplanements at CRP. In 2019, this class of carriers enplaned 9 passengers. • We request this exemption based on the complexity of record keeping, the cost of implementation of collecting and monitoring the PFC program for small carriers, and the fact that ATCOs account for such a small percentage of total enplanements. 6 3 Proposed Impose and Use Application #3 CLIA CORPUS CHRISTI INTERNATF❑NAL AIRPORT Impose and Use Projects: 03-001 Runway 17-35; 600' Extension and Associated Taxiways 03-002 Runway 13-31, 1000' Extension and Associated Taxiways 03-003 Rehabilitate Taxiways 6,131, B2, B3, B4 and B5 03-004 PFC Administration Costs 7 Proposed Impose and Use Application #3 Ce!A CORPUS CHRISTI INTERNATF❑NAL AIRPORT • PFC Revenue — Impose and Use - $8,025,062 • PFC Level - $4.50 • Estimated Collection Start Date — January 1, 2027 • Estimated Collection End Date — August 1, 2031 8 4 Project 03-001— Runway 17-35; 600' Extension and Associated Taxiways C('!A CORPUS CHRISTI INTERNATFONAL AIRPORT Description: This project includes the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft.; asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al , A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. 9 Project 03-001— Runway 17-35; 600' Extension and Associated Taxiways CC1A CORPUS CHRISTI INTERNATFONAL AIRPORT Need: This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways A, Al, A2 and A3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also, the newly constructed Taxiways A, Al, A2, A3 and A4 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 17-35's 600 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A, Airport Design. 10 5 Project 03-001— Runway 17-35; 600' Extension and Associated Taxiways Project Start Date: October 2012 Project Completion Date: June 2014 • Total Costs and Funding Sources: Funding Sources Costs AIP Funds (Grants 47 and 49) $18,863,417 PFC Bond Capital (Local Match) 2,020,005 PFC Pay -Go (City Reimbursement) 268,607 Total Capital Costs $21,152,029 PFC Financing & Interest 724,484 Total PFCs Requested $3,013,097 CC!& CORPUS CHRISTI INTERNATIONAL AIRPORT 11 Project 03-001— Runway 17-35; 600' Extension and Associated Taxiways ��g,� PROJECT, Ext,nLoy wpm n w � — P± MD CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT 12 6 Project 03-002 — Runway 13-31; 1000' Extension and Associated Taxiways CORPUS CHRISTI INTERNATFONAL AIRPORT Description: This project includes the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft.; asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al , A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. 13 Project 03-002 — Runway 13-31; 1000' Extension and Associated Taxiways CLIA CORPUS CHRISTI INTERNATFONAL AIRPORT Need: This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways B, Bl, B2 and B3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also, the newly constructed Taxiways B, B1, B2, B3 and B5 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 13-31's 1,000 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A, Airport Design. 14 7 Project 03-002 — Runway 13-31; 1000' Extension and Associated Taxiways Project Start Date: May 2014 Project Completion Date: May 2016 • Total Costs and Funding Sources: Funding Sources Costs AIP Funds (Grants 47, 49 and 50) $27,052,247 PFC Bond Capital (Local Match) 2,929,876 PFC Pay -Go (City Reimbursement) 27,647 Total Capital Costs $30,009,770 PFC Financing & Interest 1,049,105 Total PFCs Requested $4,006,628 CC!& CORPUS CHRISTI INTERNATIONAL AIRPORT 15 Project 03-002 — Runway 13-31; 1000' Extension and Associated Taxiways �,rs� PROJECT 2 L_ cosnw rums ORKNEY* _ nwrc PAK.Vo 6171,41 :i4 FE'Exa,ED TAMA 16 CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT 8 Project 03-003 — Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 CORPUS CHRISTI INTERNATFONAL AIRPORT Description: This project includes the design and construction (rehabilitation) of taxiways: B (75 ft. X 7,500 ft.; coal -tar sealant and crack sealant), B1 (75 ft. X 475 ft.; coal -tar sealant), B2 (75 ft. X 475 ft.; coal -tar sealant), B3 (75 ft. X 950 ft.; coal -tar sealant), B4 (75 ft. X 950 ft.; coal -tar sealant and crack sealant) and B5 (75 ft. X 475 ft.; coal - tar sealant); removal of existing taxiways B2, B3 and B4; install LED taxiway lights: B and B4; install pavement markings and signage on taxiway pavements. 17 Project 03-003 — Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 CLIA CORPUS CHRISTI INTERNATFONAL AIRPORT Need: This project will address and eliminate the possibility of future runway incursions at the following locations: Intermediate Taxiway B3 located between Terminal Apron and Taxiway B; Intermediate Taxiway B4 located between Taxiway B and F; and Intermediate Taxiways B2, B3 and B4 located between Taxiway B and Runway 13- 31. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that these intermediate Taxiways B2, B3 and B4 required removal to permanently eliminate runway incursions (hot spots) at these locations. In addition, Taxiways B3 and B4 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from aprons. Also, this project included the rehabilitation (coal -tar sealant and crack sealant) of existing taxiways to extend the pavements useful life. 18 9 Project 03-003 — Rehabilitate Taxiways B, 61, B2, B3, B4 and 65 Project Start Date: May 2014 Project Completion Date: May 2016 • Total Costs and Funding Sources: Funding Sources Costs AIP Funds (Grant 51) $6,334,649 PFC Bond Capital (Local Match) 703,850 Total Capital Costs $7,038,499 PFC Financing & Interest 251,527 Total PFCs Requested $955,377 CCI:!A CORPUS CHRISTI INTERNATFONAL AIRPORT 19 Project 03-003 — Rehabilitate Taxiways B, 61, B2, B3, 64 and 65 PROJECT 5 LEGEND _ EASPMGi OM, MEMS, _ U. LvJ r - 1 ibk CORPUS CHRISTI INTERNATFONAL AIRPORT 20 10 Project 03-004 — PFC Administration Costs CLIA CORPUS CHRISTI INTERNATIONAL AIRPORT Description: PFC-eligible general formation costs included in this PFC project are the necessary expenditures to prepare the new PFC application. Development associated with the approved projects in this application will preserve and enhance capacity and safety at the Airport. Need: This project is necessary to develop and administer the PFC program. • Project Start Date: April 2020 • Project Completion Date: June 2021 • Total Project Cost (100% PFC Funded): $49,960 21 Proposed Impose and Use Application #3 - Financial Plan PFC Project Project Title Total CC1A CORPUS CHRISTI INTERNATIONAL AIRPORT Proposed PFCs Grant Funds Local Matches PFC F&I 100% Total Project Cost 03-001 Runway 17-35; 600' Extension and Associated Taxiways $ 18,863,417 $ 2,020,006 $ 724,484 $ 268,607 $ 21,876,514 03-002 Runway 13-31; 1000' Extension and Associated Taxiways 27,052,247 2,929,876 1,049,105 27,647 31,058,875 03-003 Rehabilitate Taxiways B, B1, 82, 03, B4 and B5 6,334,649 703,850 251,527 - 7,290,026 03-004 PFC Administration Costs 49,960 49,960 Totals $ 52,250,313 $ 5,653,732 $ 2,025,116 $ 346,214 $ 60,275,375 $ 8,025,062 Total PFC s Requested 22 11 Next Steps In PFC Application Process Cirl-A CORPUS CHRISTI INTERNATFONAL AIRPORT December 14, 2020 Airline Consultation Meeting January 15, 2021 Deadline for Airline Certification of Agreement or Disagreement with Proposed Application #3 January 22, 2021 Submit Proposed Application #3 to the FAA February 22, 2021 Latest Day for FAA approval of new application if no disagreement January 1, 2027 PFC Application #3 Collection Start Date 23 CLIA CORPUS CHRISTI INTERNATFONAL AIRPORT 24 12 Attached is the Notice and Opportunity for Public Comment as required by Part 158 — Passenger Facility Charges — Section 158.24. This Notice was posted on the Airport's website allowing the public to file comments for thirty days. No Comments were provided by the public related to the proposed changes to projects contained in this application. NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT RELATED TO PASSENGER FACILITY CHARGES The City of Corpus Christi, Texas is providing an opportunity for public comment until December 14, 2020 related to our Passenger Facility Charge (PFC) Program. This notice includes information related to a proposed new Impose and Use PFC Application #3 for the Corpus Christi International Airport. This written notice is provided in accordance with requirements contained in Federal Aviation Regulation 49 CFR Part 158.24 Passenger Facility Charge. The City plans to submit a new PFC Application #3 at the maximum PFC allowable of $4.50 per enplaned passenger. We anticipate collection to begin on January 1, 2027, when the previous application is fully collected. The total revenue to be collected for projects in this application is $8,025,062. The PFC expiration date for this application is estimated to be August 1, 2031. Future PFC projects will likely extend the expiration date. The City recommends continued exclusion of Air Taxi/Commercial Operators (ATCO) filing FAA Form 1800-31, from the collection of PFCs. These nonscheduled/on demand air carriers comprise less than 1% of the total enplanements at CRP. In 2019, the ATCO carriers included Netjets Aviation, Inc and this class of carriers enplaned 9 passengers. We request this exemption based on the complexity of record keeping, the cost of implementation of collecting and monitoring the PFC program for small carriers, and the fact that ATCOs account for such a small percentage of total enplanements. The four projects described below are the proposed projects for PFC funding. 03-001 Runway 17-35; 600' Extension and Associated Taxiways Description: This project includes the design and construction of secondary runway extension (150 ft. X 600 ft.; asphaltic concrete pavement), construct new taxiways: A, (75 ft. X 550 ft.; asphaltic concrete pavement), Al (75 ft. X 550 ft.; asphaltic concrete pavement), A2 (75 ft. X 550 ft.; asphaltic concrete pavement), A3 (75 ft. X 550 ft.; asphaltic concrete pavement) and A4 (75 ft. X 565 ft.; asphaltic concrete pavement) and L (75 ft. X 200 ft.; asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate (coal -tar sealant) the following existing pavements: runway and taxiways A, D, E, M, N, P and Q, relocation of all navigational aids, removal of existing taxiways A, Al, A2, and A3, install LED taxiways lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. Justification: This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways A, Al, A2 and A3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also, the newly constructed Taxiways A, Al, A2, A3 and A4 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 17-35's 600 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A, Airport Design. This project started October 29, 2012 and was completed on June 6, 2014. The total cost and funding sources of this project were as follows: Funding Sources Costs AIP Funds (Grants 47 and 49) $18,863,417 PFC Bond Capital (Local Match) 2,020,005 PFC Pay -Go (City Reimbursement) 268,607 Total Capital Costs $21,152,029 PFC Financing & Interest 724,484 Total PFCs Requested $3,013,097 03-002 Runway 13-31; 1000' Extension and Associated Taxiways Description: This project includes the design and construction of primary runway extension (150 ft. X 1000 ft.; asphaltic concrete pavement), construct new taxiways: B (75 ft. X 475 ft.; asphaltic concrete pavement), B1 (75 ft. X 475 ft.; asphaltic concrete pavement), B2 (75 ft. X 475 ft.; asphaltic concrete pavement), B3 (75 ft. X 950 ft.; asphaltic concrete pavement), B5 (75 ft. X 475 ft. asphaltic concrete pavement); construct new blast pad (200 ft. X 200 ft.; asphaltic concrete pavement), construct new run-up pad (100 ft. X 400 ft.; asphaltic concrete pavement), rehabilitate the following existing pavements: runway (coal -tar sealant and crack sealant) and taxiways B (coal -tar sealant and crack sealant), B4 (coal -tar sealant and crack sealant), F (coal - tar sealant and crack sealant) and G (coal -tar sealant, crack sealant and full -depth concrete pavement (75 ft. X 800 ft.)); removal of existing taxiway B; relocation of all navigational aids; install LED taxiway lights, install runway extension lights, install pavement markings and signage on runway and taxiway pavements. Justification: This project is needed to address runway safety issue mitigation improvements with respect to runway incursions incurring at the approaches to Runway 31 and 35 ends and convergence with Taxiway A. This project will eliminate the possibility of future runway incursions at this location by decoupling Runway 31 and 35 ends. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that decoupling these runway ends would permanently eliminate runway incursions (hot spots) at this location. In addition, the existing Taxiways B, Bl, B2 and B3 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from the terminal apron. Also, the newly constructed Taxiways B, B1, B2, B3 and B5 were necessary to realign the taxiway system to address the removed taxiways and provide a safer and more efficient taxiway system due to the Runway 13-31's 1,000 foot extension. The new taxiways were designed and constructed in accordance with Advisory Circular 1500/5300-13A, Airport Design. The project started May 5, 2014 and was completed on May 26, 2016. The total cost and funding sources of this project were as follows: Funding Sources Costs AIP Funds (Grants 47, 49 and 50) $27,052,247 PFC Bond Capital (Local Match) 2,929,876 PFC Pay -Go (City Reimbursement) 27,647 Total Capital Costs $30,009,770 PFC Financing & Interest 1,049,105 Total PFCs Requested $4,006,628 03-003 Rehabilitate Taxiways B, BI, B2, B3, B4 and B5 Description: This project includes the design and construction (rehabilitation) of taxiways: B (75 ft. X 7,500 ft.; coal -tar sealant and crack sealant), B1 (75 ft. X 475 ft.; coal -tar sealant), B2 (75 ft. X 475 ft.; coal -tar sealant), B3 (75 ft. X 950 ft.; coal -tar sealant), B4 (75 ft. X 950 ft.; coal -tar sealant and crack sealant) and B5 (75 ft. X 475 ft.; coal -tar sealant); removal of existing taxiways B2, B3 and B4; install LED taxiway lights: B and B4; install pavement markings and signage on taxiway pavements. Justification: This project will address and eliminate the possibility of future runway incursions at the following locations: Intermediate Taxiway B3 located between Terminal Apron and Taxiway B; Intermediate Taxiway B4 located between Taxiway B and F; and Intermediate Taxiways B2, B3 and B4 located between Taxiway B and Runway 13-31. The Runway Safety Action Team (ATO, CRP ATCT, Airport, FPO, CRP, etc.) prepared a Safety Risk Management Document dated April 27, 2012. This document determined that these intermediate Taxiways B2, B3 and B4 required removal to permanently eliminate runway incursions (hot spots) at these locations. In addition, Taxiways B3 and B4 were removed since they did not comply with Advisory Circular 1500/5300-13A, Airport Design, since these taxiways were directly connected to the runway from aprons. Also, this project included the rehabilitation (coal -tar sealant and crack sealant) of existing taxiways to extend the pavements useful life. The project started May 5, 2014 and was completed on May 26, 2016. The total cost and funding sources of this project were as follows: Funding Sources Costs AIP Funds (Grant 51) $6,334,649 PFC Bond Capital (Local Match) 703,850 Total Capital Costs $7,038,499 PFC Financing & Interest 251,527 Total PFCs Requested $955,377 03-004 PFC Administration Costs This project includes PFC-eligible general formation costs included in this PFC project are the necessary expenditures to prepare the new PFC application. Development associated with the approved projects in this application will preserve and enhance capacity and safety at the Airport. The total cost of this project is $49,960. PFCs are anticipated to provide 100% funding for this project. This project started in April 2020 and is estimated to be complete by June 2021. Comments or a request for more detailed project descriptions should be sent to Mr. Victor Gonzalez, Development & Construction Manager, 1000 International Drive, Corpus Christi, TX 78406 or victor@cctexas.com. CCIA - Corpus Christi Intematioi X 14. 1111 0 0 8 https://www.corpuschristiairport.com - s x •.6 CO! A f CORPUS CHRISTI INTERNATIONAL AIRPORT NEwS SERVICES r BUSINESS r TRAVEL TIPS r CORPUS CHRISTI r +' ARRIVING COMPARE Calculate your savings flying out of CCIA. TRIP CALCULATOR 7 AfiieYicanAITGnes Q SOUTHWEST a UNITEDEI 0 COVIN -19 INFO 0 Latest City/County data Public Notice - PFC Application a3 Air Travel is Picking up at CCIA FLIGHT STATUS Check your flight here FAA Grants Awarded to Fund Critical Airport Projects at CCIA =EAO MORE NEWS FLIGHT AWARE View site Fo&ow @CCIntAirpwt 2541 followers Lax Corpus rport on Facebookl REQUEST TO EXCLUDE CLASS(ES) OF CARRIERS The City of Corpus Christi, Texas is filing a request not to require collection of PFC's by certain Air Taxi's/Commercial Operators. Attached is - (i) The request (ii) A copy of the information provided to the carriers (iii) A copy of the carriers' comments with respect to the request to exclude certain Air Taxi/Commercial Operators from collecting PFC's. (iv) A list of the classes of carriers that will not be required to collect PFC's if this request is approved. (v) The City's reasons for submitting this request in the face of opposing comments. (ii) A copy of the information provided to the carriers related to the exclusion of air taxi's is reproduced below. This information was provided in the November 9, 2020 Notice of Proposed New PFC Application to Air Carriers serving Corpus Christi International Airport. Excerpt from Airline Notice: The City recommends continued exclusion of Air Taxi/Commercial Operators (ATCO) filing FAA Form 1800-31, from the collection of PFCs. These nonscheduled/on demand air carriers comprise less than 1% of the total enplanements at CRP. In 2019, the ATCO carriers included Netjets Aviation, Inc and this class of carriers enplaned 9 passengers. We request this exemption based on the complexity of record keeping, the cost of implementation of collecting and monitoring the PFC program for small carriers, and the fact that ATCOs account for such a small percentage of total enplanements. (iii) A copy of the carriers' comments with respect to the request to exclude certain Air Taxi/Commercial Operators from collecting PFC's. No Air Carriers commented with respect to the request to exclude certain ATCOs from collecting PFCs. (iv) A list of the classes of carriers that will not be required to collect PFC's if this request is approved. "Air Taxi/Commercial Operators (ATCO) filing form 1800-31" The only known members of this class of carriers are Netjets Aviation, Inc. (v) The City's reasons for submitting this request in the face of opposing comments. There were no opposing comments. CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT January XX, 2021 Mr. Steven Cooks Program Manager DOT/FAA Southwest Region Airports Division / ASW -650 10101 Hillwood Parkway Fort Worth, Texas 76177 Re: Corpus Christi International Airport - Passenger Facility Charge Program Request to Exempt certain Air Taxi/Commercial Operators from PFC Collections Dear Mr. Cooks: Pursuant to section 158.25 of the PFC final rule, the City of Corpus Christi, Texas officially requests that certain air taxi's commercial operators, serving Corpus Christi International Airport, not be required to collect PFCs. We have defined the class of carriers to be excluded as follows: "Air Taxi/ Commercial Operators (ATCO) filing FAA Form 1800-31" These non-scheduled/on demand air carriers comprise less than one percent of the total enplanements at the Airport. During Calendar Year 2019, there were 9 passengers enplaned on these air carriers. We request this exemption based on the complexity of record keeping, the cost of the implementation of collecting and monitoring the PFC program for small carriers, and the fact that these carriers account for such a small percentage of total enplanements. This exemption will have virtually no effect on revenues. Respectfully Submitted, Fred Segundo Director of Aviation 1000 International Drive Corpus Christi, Texas 78406 P 361-289-0171 F 361-289-0251 1 flyccia.com ADDITIONAL INFORMATION 2019 Final Enplanement Report II. City Council Action (Motion) Approving PFC Application III. Financial Summaries and Supporting Documentation IV. Project Exhibits FAA - Office Of Airports Source CY 2019FAA ACAIS SCHEDULE TYPE CARRIER NAME (CARRIER CODE) Enplanements by Air Carrier for Calendar Year 2019 Corpus Christi International (CRP) Fred Segundo1000 International Dr, Corpus Christi, TX 78406 1 ENPLANEMENTS SCHEDULED NONSCHEDULED Report Date 10/20/2020 TOTAL ATCO - Nonscheduled/On-Demand Air Carriers, filing FAA Form 1800-31. Netjets Aviation, Inc. (DXTA) 0 9 9 ATCO Total 0 9 9 CAC - Commuters or Small Certificated Air Carriers, filing T-100. ADVANCED AIR, LLC (AN#) CAC Total 0 0 2 2 2 2 CRAC - Large Certificated Air Carriers, filing T-100. Envoy Air (MQ#) 61,802 0 61,802 Expressjet Airlines INC. (EV#) 48,021 0 48,021 Mesa Airlines, Inc. (YV) 88,762 0 88,762 Republic Airlines (YX#) 13,986 0 13,986 SkyWest Airlines, Inc. (00) 6,661 0 6,661 Southwest Airlines Co (WN) 104,017 0 104,017 Sun Country Airlines (SY) 0 3,373 3,373 Swift Air, Llc (09Q) 0 275 275 United Air Lines, Inc. (UA) 1,201 0 1,201 CRAC Total 324,450 3,648 328,098 SITE TOTAL 324,450 3,659 328,109 CRP Selection Criteria: , LOCID: CRP, Year: 2019 Page 1 of 1 Placeholder — City Council Action/Approval January 19, 2021 City of Corpus Christi, TX Corpus Christi International Airport (CRP) Proposed PFC Projects - Application #3 PFC Project # Project Title Airport Improvement Project (AIP) Grant Local Match - 10% for all Grants except Grant 47 (5%) Total 47 49 50 51 47 49 50 51 Proposed PFCs Grant Funds Local Matches PFC F&I 100% Total Project Cost 03-001 Runway 17-35 Extension and Associated Taxiways $ 1,298,396 $17,565,021 $ 68,337 $ 1,951,669 $ - $ $ 18,863,417 $ 2,020,006 $ 724,484 $ 268,607 $ 21,876,514 03-002 Runway 13-31 Extension and Associated Taxiways 1,298,396 387,499 25,366,352 68,337 43,055 2,818,484 27,052,247 2,929,876 1,049,105 27,647 31,058,875 03-003 Rehabilitate Taxiways B and B1 - B5 6,334,649 703,850 6,334,649 703,850 251,527 7,290,026 03-004 PFC Administration Costs 49,960 49,960 Totals Projects Included in Grant not included in this PFC Application $ 2,596,792 $17,952,520 $25,366,352 $ 6,334,649 $ 136,674 $ 1,994,724 $ 2,818,484 $ 703,850 $ 52,250,313 $ 5,653,732 $ 2,025,116 $ 346,214 $ 60,275,375 $ 8,025,062 Total PFC s Requested 64,504 Estimated Annual Collections (1) $ 1,300,000 Total- Grant Closeout Amounts $ 2,596,792 $17,952,520 $25,366,352 $ 6,334,649 Estimated Duration/Years Estimated Duration/Days (1) Average Annual Collections Pre-COVID - YE 6/30/2018 and 6/30/2019 Assumes annual PFC collections will have returned to pre-COVID levels by the application's effective date (2) Assumed the estimated charge effective date is still reasonable given the anticipated decline in collections due to COVID-19. 4.62 1,684.60 Estimated Charge Effective Date 1/1/2027 Estimated Legal Expiration Date 8/12/2031 Estimated Legal Expiration Date (Rounded) 8/1/2031 City of Corpus Christi, TX Corpus Christi International Airport (CRP) Allocation of Project Financing and Interest Costs Bond Proceeds $ 6,000,000 Cost of Funds: Financing and Interest $ 2,179,543 Underwriters Discount 41,666 Service Fees 500 Financial Advisor Fee 97,500 Bond Premium (169,404) Total Cost of Funds $ 2,149,805 Project 03-001 Rwy 17-35 Project 03-002 Rwy 13-31 Project 03-003 Twy B Non-PFC Projects $ 2,020,006 $ 2,929,876 $ 703,850 $ 346,268 33.7% $ 724,484 48.8% $ 1,049,105 11.7% $ 251,527 5.8% $ 124,689 TCLeatibNc TELECOPIER AREA CODE s.o ARCA CODE t.o 030-4000 030••D01 Com. sfikt. tDa., 5.. INVESTMENT BANKERS 950 ale amide Raaci, .7ee.onui'laasa Jade..s�,ctanso, Xe as 78109- MI/ September 26, 2012 $5,990,000 City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) (the "Certificates") FINAL CLOSING MEMORANDUM Closing Date: September 27, 2012 SAMCO Capital Markets, Inc. ("SAMCO"), as representative of the Underwriters. INVESTMENT BANKERS September 26, 2012 Page 2 of 4 To: Distribution List (attached) Re: $5,990,000 City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) I 1 1 6ti City of Corpus Christi Issue Corpus Christi : 2012 Tax and Surplus Airport City of Corpus Christi, TX Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) Allocated Debt Service By Grouping Outstanding and Closed Debt Service by Actual Day Cash Flows as of 10/1/2011 Issue Activity Period Ending Principal Due Interest Due Total Due Issue Group : Certificates of Obligation Issue : 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 07/211/2020 2:35:25I'M 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2013 0.00 128,543.32 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2013 0.00 118,050.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2014 0.00 118,050.00 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2014 0.00 118,050.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2015 165,000.00 118,050.00 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2015 0.00 113,925.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2016 170,000.00 113,925.00 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2016 0.00 109,675.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2017 180,000.00 109,675.00 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2017 0.00 105,175.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2018 190,000.00 105,175.00 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2018 0.00 100,425.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2019 200,000.00 100,425.00 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2019 0.00 96,425.00 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2020 205,000.00 96,425.00 2012 Tax and Surplus Airport 2012 CO Airport 07/15/2020 2,370,000.00 36,687.16 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2020 0.00 43,043.75 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2021 215,000.00 43,043.75 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2021 0.00 38,743.75 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2022 225,000.00 38,743.75 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2022 0.00 34,243.75 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2023 230,000.00 34,243.75 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2023 0.00 30,793.75 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2024 240,000.00 30,793.75 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2024 0.00 27,043.75 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2025 245,000.00 27,043.75 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2025 0.00 23,062.50 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2026 255,000.00 23,062.50 2012 Tax and Surplus Airport 2012 CO Airport 09/01/2026 0.00 18,918.75 2012 Tax and Surplus Airport 2012 CO Airport 03/01/2027 260,000.00 18,918.75 128,543.32 118,050.00 118,050.00 118,050.00 283,050.00 113,925.00 283,925,00 109,675.00 289,675.00 105,175.00 295,175.00 100,425.00 300,425.00 96,425.00 301,425.00 2,406,687.16 43,043.75 258,043.75 38,743.75 263,743.75 34,243.75 264,243.75 30,793.75 270,793.75 27,043.75 272,043.75 23,062.50 278,062.50 18,918.75 278,918.75 Page 1 Rcpon on : Coq,ur CIoirti/Cnliacal n of Obligalian\2o12 Tax and Snplue n irpanl - Spmprolkbr.SYMPRO AFO - Unild 2.78.S.0 City of Corpus Christi Issue Corpus Christi : 2012 Tax and Surplus Airport City of Corpus Christi, TX Combination Tax and Surplus Airport Revenue Certificates of Obligation, Series 2012 (AMT) Allocated Debt Service 13y Grouping Outstanding and Closed Debt Service by Actual Day Cash Flows as of 10/1/2011 Issue Activity Period Ending Principal Due Interest Due Total Due 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 Tax and Surplus Airport 2012 CO Airport 2012 CO Airport 2012 CO Airport 2012 CO Airport 2012 CO Airport 2012 CO Airport 09/01/2027 0.00 14,531.25 03/01/2028 270,000.00 14,531.25 09/01/2028 0.00 9,975.00 03/01/2029 280,000.00 9,975.00 09/01/2029 0.00 5,075.00 03/01/2030 290,000.00 5,075.00 14,531.25 284,531.25 9,975.00 289,975.00 5,075.00 295,075.00 Subtotal 2012 Tax and Surplus Airport 5,990,000.00 2,179,542.98 8,169,542.98 Subtotal Certificates of Obligation 5,990,000.00 2,179,542.98 8,169,542.98 Grand Total 5,990,000.00 2,179,542.98 8,169,542.98 07/28/2020 2:35:25PM Page !Upon on : Corpus Chntti/Ccnificul s o/ObIigaIioa2012 Tax and SuprlasAirpoO/ - Symprolabt,SYMI'RO APG • Build 2.78.8.0 TASK ORDER NO. 25 This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and Garver, LLC., (ENGINEER) dated February 16, 2016 by Ordinance 030765, (Agreement). ENGINEER shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. PROJECT NAME: CCIA 2020 PFC Passenger Facility Charge Application (20279) 1. PROJECT DESCRIPTION: More fully described in Exhibit A. 2. SCOPE OF SERVICES: This task order is more fully described in Exhibit A. 3. COMPENSATION: The total amount not to exceed for this task order is $49,960.00 This Task Order is approved, and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI Digitally signed by Jeff Edmonds DN'. cn=Jeff Edmonds, o=City of Corpus Christi, au=Engineering Services, mail=jeffreye@cctexas.com, c=US Date: 2020.07.01 15'.06:45 -0500' Jeff H. Edmonds, P.E. Date Director of Engineering Services GARVER, LLC Digitally signed by Frank MoIllwain DN'. C=U5, E=fomcillwain@garverusa.com, Frank McIllwain Rea "lag°'awo',befermsdefinedbyfbe placement of my signature on this document Date: 2020.07.01 14:23:55-0500' Frank Mclllwain, P.E. 3010 Gaylord Parkway, Suite 190 Frisco, TX 75034 (972) 377-7540 Office FOMcIllwain@GarverUSA.com Date Task Order 25 Page 1 of 2 LEGEND PROJECT 1 EXISTING TAXIWAY PAVEMENT ULTIMATE PAVEMENT PAVEMENT TO BE REMOVED TAXIWAY DESIGNATION RUNWAY 17-35; 600 Ft. EXTENSION AND ASSOCIATED TAXIWAYS LEGEND PROJECT 2 EXISTING TAXIWAY PAVEMENT ULTIMATE PAVEMENT PAVEMENT TO BE REMOVED TAXIVVAY DESIGNATION RUNWAY 13-31; 1,000 Ft. EXTENSION AND ASSOCIATED TAXIWAYS ULTIMATE PAVEMENT PAVEMENT TOBEREMOVED TAXIWAY DESIGNATION REHABILITATE TAXIWAYS B, B1, B2, B3, B4 and B5 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 1/26/2021 Second Reading Ordinance for the City Council Meeting 2/9/21 DATE: TO: Peter Zanoni, City Manager December 14, 2020 FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 10001 Compton Road CAPTION: Zoning Case No. 0720-02, MVR Construction Company (District 4). Ordinance rezoning property at or near 10001 Compton Road from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District. SUMMARY: The purpose of the zoning request is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 5.27 acres in size. The subject property is currently zoned "RE" Residential Estate District and consists of vacant land. The subject property was annexed in 1961 and has remained undeveloped. The rezoning case was originally scheduled for the September 8th City Council meeting and was tabled at the applicant's request. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low density residential use. The proposed rezoning to the "CN -1" Neighborhood Commercial is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. The Future Land Use for the subject property is identified as Low Density Residential. According to Plan CC, Low Density Residential consists of up to 3 units per acre. The proposed development is a 5.269 acre tract with a proposed 10 units which is below the maximum allowed density of 15.3 units. A previous rezoning request was submitted for the "RS - 15" Single -Family 15 District in October of 2018. The previous request received a recommendation of approval from City staff and the Planning Commission. Ultimately due to neighborhood opposition, the rezoning request was denied by the City Council. Public Input Process - Number of Notices Mailed 16 within 200 -foot notification area 5 outside notification area As of December 14, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 9 inside notification area (6 separate opposed owners, with one owning 4 properties) 7 outside notification area Totaling 64.42% of the land within the 200 -foot notification area in opposition. A 3/4 vote from City Council is required. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District on July 22, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District with following vote count. Vote Count: For: Opposed: Absent: Abstained: 9 0 0 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0720-02, MVR Construction Company (District 4). Ordinance rezoning property at or near 10001 Compton Road from the "RE" Residential Estate District to the "RS -15" Single -Family 15 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, the City Council has not considered adoption of zoning change within six months from the date the recommendation of the Planning Commission was made; WHEREAS, UDC Sec.3.3.3.0 creates a procedural mechanism to deem zoning application denied and not a prohibition or restriction on City Council action; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The adoption of this zoning amendment is consistent with the UDC. To the extent this zoning amendment may not comply with UDC Sec. 3.2.2 and UDC Sec. 3.3.3, then said sections are hereby waived to the extent necessary to allow this ordinance to be effective. 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 5.269 acre tract also being out of Lot 12, Section 48, Flour Bluff and Encinal Farm and Garden Tracts as shown in Exhibit "A": from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District. The subject property is located at or near 10001 Compton Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. 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 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta City Secretary Paulette M. Guajardo Mayor Page 3 of 5 Exhibit A STA71-: in. -TEXAS e:011 NTY { FF' Iti U E{'E% Field notes °Fa 5 269 axe tract comprised of a LSO acre react described in a deed reoirded in Dammam No. 4¢$702, Deed Records 4r ti netea County, Taxes, and a 3.77 acre tract described a deed recorded :, Docprrnerd No. 2009039243, Decd Regorda offNuoxs Cour}, Ttsxas. Said 5.20 sure tend aIa bang itr1 of Lot 12, Seder 4g, Flan P1lu(f and Encinal Farm and Garden Tracts, as shawl' 00 a map rcaaniad in Volume A, Pages 41 - 43, Mia Mitevrda or NuedC1 Cowley, Texas: Said 5269 acre hart heirs mare parliaplerly descraind ea follows: BEGINNING at a 519" re -bar found in the sauthurat right of way of Canpwu Road, For Ude east corns of Lot $, Bleck 4, oak Terrace L]nit 2, a€ shown ea) a map rcttedtd irk V6lrane• 64, Page In, 11.1>p Records ofNue[es Comte, 'Cure., for the mord, corner of said 3.77 etre mart, and for the north tinter pFihis survey, fran'WHENCE the irrierz.ectian 4r the BplrIbwe51 riy01.4f+may ofCerrlp1on Road acid the southeast right of way of Flour Muff Drive, bears North 61`32'IX' West, adistance of267O.94 fccL T[I EV[ E with the common line pFthe southwest right ofComptpc, Reed, said 3.17 acre tract, and this survey, Sla h 41`33'04" East. a diatwrce of 134,61 Feet to a 518" re -bar found in the southwest right of way, for an interim' comer of said 3.77 Bern tract, for Bn ibteriarcornerof this survey, and far dee Nal( ofOur stare of t rune tolhe left witha rediusoN452.]S Feet. TH ENC I with the eixnrnon line cite south right of way of Campton Road, said 3.77 etre meat this 3tavey, end Said eche [o the lea a chord bearing and distance of Sourly a I ".l2'06- East. 3 L1.79 feet, end nn tri length oil -316,32 fed La 8.5a" re -bar found in Fre nuulhea¢L right Lf way of emi:1ton Rand rpt an interim Merle' plaid 3.77 sere Toot, for the fiord -weal corner 4f o 0.40 p[fe access casemrerrt suveycd by Prisms. Surveying on Aygrwt 23, 24i6, and for an interlace:ammo-flask saucy_ THENCE with the cornmNn lir* of the.10abcaal right of Nay iFC4mplpn Road, said 3.77 care track said aeoesa easement, and this survey, North n'Ilyor East, adistance of 93114 Ice ioa 519"rc-bar found in thegawbenr right of way of Cancun Road, falba nonh corner oriJLe 1_07 acre City of Cotpas -Christi trate, being cart of Lot 11, Section A8, Flour aIuFFand Eocirral Farm and. i.iard i Tra is, Got the rrottheastcarrier arsaid aooesseasemeit, For the east writer of said 3.77 acre tract, mrd kir the arse comer Of Frig surrey. THENCE E with the common line of said 1,07 acre Iron, said 3.77 acre rrac%, said muse ea9rrneot, and Ibis surrey, Sauk 2a°25'34" Wear, az a dIstaruee Of 410.15 fee[ pass a Silt" re -bar Found in the nuo'Lhwesi ]ion of mid I.47 erre trnp, fir the south Gomer of said access easement, for en arterior cornier of said 3.77 etre awl, and for the ea91 comer of said 1..50 acre tact, front WHENCEa iJ5"no-bur found for an interior carrier of said 3.77 acre tract an' Far the north caner of said I 34 etre iraki, beers Noah 61 °3west, a diiuente of 45143 feet, al a d'esrance of 561,15 Feet plies 5.6re-her fonnd in the nurthwest Rid 1.07 acre Wert, ite KWh cOrnei of said 1.50 meted, and fee an exterior corner of said 3 77 acre Irac#, from WH EKE a 99" rear found Far an interim corner of geld 3.77 aero not and fee the west corner of said 1.50 acre ma, Imars Nord, 62`2004` Weil, a diuilte o f 450.68 feet, and it all a 'halal rlisrmrte of 387.13 feel tD a paha m, [Ira ncrthwen. line afsaid L.07 urre had, For dee cast epnresafa3.01 semi:ma, described inn deed recorded in L?ucument No. 20000155 L4, Deed Recant; of Mier= CIXthilly,.Teni. fix the south miner of said 3.77 acre Iran, and for ihe south corner of this Furey. TIIENE Ewith ibet4moron line said 3.77 atm -tract, aid 3.41 aa+eUHLand this survcy,Notth6L°32'03"Weet,a diiWrwe 6F 540.73 Feel to a 516" re•bar set in the oertheail lice Df L l 6A, Block 9, Oak 'craw Unit 2, co shown oe a map. recorded in Volume 63, Page 130, Map Records of Nue.= County, Tests} Far she south corner of said L015, Q lodr 4, fur the westc•arrLearamid 3.77 etre trail, and for the 'eleStcorner ofthis ain'eY. TH ENC E with the common ]in; orsaid Lot 5, 614ek d, spill 3.77 erre tract, ur,d chis survry, Nanh 28'2T52" Fest, ▪ (ig:Knee Of 41157 foci lathe POLNT OF 9£GIN'N] NG, and oarstnininlf 5,244 acres of laid, more or leas. Nous: I.} L3em'ings ars basad on OWN! POsitianirog Syatern NAP 53 (g3)12-05 Demrm. JL Map of equal date akwinpamiesthis Mctcs and Bounds description. 3.1 Set Sib" re -bar - steel rubor sell with yelkiw plaetie cap labeled OHM' Surveying, [, RcmaLd E. Hriger o 1ia£by 4ellify that this Sh:nvey gfthe property Dally desrrihcsd herein was made an the llrourd this day September 5, 2(1,11 and is correct to the best army knowledge and belief, Ronald E Brinier, RPL.S No_ 5407 Oeste! Scpormber 6, 20 L8, Job NO_ L91520 Page 4 of 5 a 6 .4 gam 104 Did 01111 01 WWW-! 1 T k htr'l!.fl wr{GLLb NZ' lms. IOJT 41a121:1 t R■ Et 9 rEE71 .t ...YR.MY !MITE" IT !A1 M.1116 xix j F 4.a.. .111e 10 irb•mry Lt !Wadi a u• un. rsr �1 nrt51 runnurr1r I r i{M7YA419111. iCrlL rr irk ril.�'CI 411�i�YLirKKI J. al gic Y a� !la Og INgh 'Wet' a�Fs�4+ E Ei. Ili Page 5 of 5 4 •n •i,1 /l 2 / /R S 6 50 500 rFet_ CASE: 0720-02 Aerial with Subject Property Subject Property Map Scale: 1:2,400 Date Created'7. 5202 Prepared By::'k` Developneent Seri2' SUBJECT `PROPERTY Corpus Chr,St, Bay LOCATION MAP MI In Cfty Ccerus Christi PLANNING COMMISSION FINAL REPORT Case No. 0720-02 INFOR No. 20ZN1015 Planning Commission Hearing Date: July 22, 2020 Applicant & Legal Description Owner: MVR Construction Company Applicant: MVR Construction Company Location Address: 10001 and 10009 Compton Road Legal Description: 5.269 acre tract also being out of Lot 12, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Compton Road, east of Flour Bluff Drive, and west of Waldron Road. Zoning Request From: "RE" Residential Estate District To: "RS -15" Single -Family 15 District Area: 5.269 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Low Density Residential North "RE" Residential Estate Estate Residential Low Density Residential South "RE" Residential Estate Estate Residential Low Density Residential East "FR" Farm Rural Commercial Low Density Residential West "RE" Residential Estate Estate Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -15" Single -Family 15 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 035032 City Council District: 4 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 550 feet of street frontage along Compton Road which is designated as a "01" Minor Collector Street. According to the Urban Transportation Plan, "01" Minor Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 a • Lp (n ri Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Compton60' Road C1 Minor Collector ROW 40' paved 60' ROW 26' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District to allow for the construction of single-family homes. Development Plan: The subject property is 5.269 acres in size. The owner is proposing a single-family residential subdivision consisting of 10 units. Existing Land Uses & Zoning: The subject property is currently zoned "RE" Residential Estate District and consists of vacant land. The subject property was annexed in 1961 and has remained undeveloped. To the north, south and east is a single-family residential subdivision (Oak Terrace Unit 2, 2002) with one acre tracts zoned "RE" Residential Estate District. Additionally, to the north is a single-family residential subdivision (Flour Bluff Center, 2008) zoned "RS -6" Single -Family 6 District. To the northwest are commercial properties zoned "CG -1" General Commercial district and consists of a pet grooming business (Bruno's Bathhouse) and a vehicle customization business (Sooth Texas Aluminum Works). To the west is a commercial property zoned "RE/SP" Residential Estate District with a Special Permit for a boat storage complex. Separating the subject property from the southern properties is the O'Neill Tributary Channel. The O'Neill Tributary Channel has a drainage right-of-way width of approximately 150 feet and a depth of 9.40 feet. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12 -inch C900 line located along Compton Road Wastewater: 8 -inch PVC Line located along Compton Road Gas: 3 -inch Service Line located along the eastern property line. Storm Water: Drainage located along the southern and eastern property lines of the subject property. Along the southern property line, the O'Neill Tributary Channel has a drainage right-of-way width of approximately 150 feet and a depth of 9.40 feet. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low density use. The proposed rezoning to the "RS -15" Single -Family 15 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The Future Land Use for the subject property is identified as Low Density Residential. According to Plan CC, Low Density Residential consists of up to 3 units per acre. The proposed development is a 5.269 acre tract with a proposed 10 units which is below the maximum allowed density of 15.3 units. • A previous rezoning request was submitted for the "RS -15" Single -Family 15 District in October of 2018. The previous request received a recommendation of approval from City staff and the Planning Commission. Ultimately due to neighborhood opposition, the rezoning request was denied by the City Council. Planning Commission and Staff Recommendation (July 22, 2020): Approval of the change of zoning from the "RE" Residential Estate District to the "RS -15" Single -Family 15 District. Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 5 outside notification area As of December 14, 2020: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 9 inside notification area — 7 outside notification area Totaling 64.42% of the land within the 200 -foot notification area in opposition. A 3/4 vote from City Council is required. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0720-02 MVR Construction Company/Council Documents/Report - MVR Construction Company.docx Staff Report Page 4 CASE: 0720-02 ZONING & NOTICE AREA R61-1 Multifamily 1 R11-2 Multifam ily 2 IRM -3 Multifam ily 3 pry Professional Off ce RM -AT Multifamily AT CN -1 Neighborhood CommerciaI CN -2 Neighborhood C palm erceI CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General CommerceI CG -2 General Commerc eI CI atensive Commerc'aI CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light ad u stria! IH Heavy ad straI PUD Planned Unit Dev. Overlay RS -1D Single -Fan lly 10 RS -6 Single-Famly6 R&4 5 Single -Family d5 RS -TF Two-Famiy RS -15 Single -Family 15 RE Res !dental Estate RS-TH Townhouse 5P Special Permit RV Recreational Vehide Park RMH Manufactured Hume ;ubjed Property 209'b ff 4 Nie s mih n 2 iiised on dad came 4�rtiw ity of CCorpus Christi Staff Report Page 5 pill %gq g n "ggR N71"p 9q 74 `7 64 a i Staff Report Page 6 PUBLIC COMMENT/INPUT FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: Catherine Garza DATE OF MEETING [mmickvs'}_ 07/22/2020 NAME: Debbie Patrick & Charles Patrick ADDRESS: 8726 Compton Rd CRy_ Corpus Christi STATE: Te ZIP: 78418 TOPIC: Zone Change case # 0720-02 AGENDA ITEM NUMBER (if applicable): #0720-02 If no agenda item is specified, then this MI be considered a general public comment and nota public hearing. We are opposing tris zone change_ We feel it will decrease our property values_ Flooding is an issue in this area and will only contribute to more flooding. There is already heavy traffic VI the area. Speed bumps have been put in to elevate the speeders. I have had drivers on numerous occasions utilize my wrap around drive as a way to go around trash and garbage trucks as if it is city proprty. We pay over $11000.00 a year in taxes_ We should have a say as to what type of housing is to be Witt on our street_ Compton Rd . It is rumored that micro -housing is to be put in at this location. I oppose this zone charge_ Please consider aII those it might hurt by this Mange. Keep the zoring the same as it was intended_ Thank you Staff Report Page 7 Persona with dlsahn@ies planning 1.4 attend 1hls meeting, vrn4 may redo.* special servlees, are regrreated 14 {entad the Oeweilaeenen! Serrio6 Department ai feast 46 hours In advance et {3611 026-3210. Personas eon Irx;anacidedes, gum tienen la intenciPn. aS1511r a 2310 mote Y qus requian aer Ici0a e5,t.,i.0§ &3 les sups= cue den avian E0 hpryrg antes. de 1.7 Iunta Domande ar depertemenlo de rs.jy,Mo_de desarrgUa al numero a6U -3240 6 you W rl to addreSS the Commosion during the meeting and your English Is baited, preast call the Devetc irnent Servleee bepartrreM al 0611 M-32.40. a! leas! 40 hours in a*anco to request an interpreter bg prISt4( during the meeting. Si mated Besse omprsa a Ie commission duraril iuntay 6u inglQsyS rp5it8dO. raver de Horner el departemente de eervksas de oeearrolla at niSrnero (3611626-3Z.19_0I mcrvo as bores ante; de la Wnta pare solicitor un interper.pEnsente dv. 11e PAM CITY PLANNING COMMISSION PUBLIC NEARING NO77C€ Rezoning Case f'Jo- 0720.02 MVR Construction Company has petitioned the City of Corpus Christi to consider a change of zoning from the "RE" Residential Estate District to the "RS -15" SIriole-Farmily 15 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 10001 Compton Road and described as being 5.269 acre tract comprised of a 1.50 acre tract described in a deed recorded In Document No- 306702, Decd Records of Nueces County, Texas, and a 3.77 acre tract described in adeed recorded In Detutrent No. 2009028203, Deed Records of Nueces County, Texas. Said 5.269 acre tract also being out of Lot 12, Section 48, Flour Bluff and EncinaI Farm and Garden Tracts, located along the south side of Compton Road, east of Flour Bluff Drive, and west of Waldron Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andior Special Permit. Approval of a Change of zoning. if inconsistent with the City's Comprehensive Plsn, wife elan Lava the effect of 21710.11.111.110 rhA Cnmrephensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Councit. The public hearing wilt be held Wednesday, Jahr 22. 2020, during one of the Planning Commission's regular meetings, which begins at 5:30 p.my in the City Council Chambers, 1201 Leopard Street. PUBLIC COMMENT: To reduce the chance of COVIL- 19 transmission, public meetings will be herd in a manner intended lo separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Cor»misslons. Public testimony and public hearing input for public comment and on ail items on the agenda at public meetings of Crty Boards and CommIsslbns shall be provided in written format and presented to the desinnated staff member prior to the start of eartr meeting{ s) of ti'Io City Goan aridi or Commission. Public comment! Input shall De provided. h writing. in the form of an e- mail limited to one page or by using the PUBLIC COMI'ufENT/INP UT FORM found here: http:flwurw.cctexas.com epartmentsfctty-secretary, and shall be e-maited to the following e- mail address: Gathorinea(r cctexas.com andtflrAndrewD2@cctexas-cam. The written public testimony shall ba provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shelf be limited in accordance with the City Secretary requirements and shall be placed roto the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public heeling requirement under law. MI I TO BE ON RECORD, TI115 FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNED S) AND MAILED IN iT5 ENTIRETY TO THE DEVELOPMENT SERVICES DCPARTM.ENT, P. O. BOX 9277. CORPUS CHRFSTI, TEXAS 78469-. 2 }ANY ft FORMATRON PROVIDED BELOW BECOMES PUBLIC RE 9RIJ- NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant e r appellant concerning en application w appeal, either al home or office,..'v in person. by telephone arch 0.r by later. Printed Name: 0€*1 IL20, IL • 1 7. Address: CA 9 City/State: re 4 s j+f -s R4 71 ') M4 ) IN FAVOR ) j IN OPPOSITION Phone: t q31 -°' REASON: ` 71er,J,„c a d,, Moe 6C. SEE MAP Ofrr REVERSE SIDE IFPFOR Case tie.: 20Z1J 1 G15 Property Owner 10: 3 lir � Signat re !! Case No. 0720-02 Project Manager: Andrew;3irrks Email: Andrei/D2@sctexas.com 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 Staff Report Page 15 Staff Report Page 16 Staff Report Page 17 Staff Report Page 18 Staff Report Page 19 MVR Construction Company Rezoning for a Property at 10001 and 10009 Compton Road From “RE” To “RS-15” Zoning Case #0720-02 N City Council January 26, 2021 2 Aerial Overview 3 Adjacent Development and Zoning 4 Planning Commission and Staff Recommendation Approval of the “RS-15” Single-Family 15 District 5 Public Notification 16 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 9 (64.42%) In Favor: 0 X X X X X X X X X Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 6 6 UDC Requirements Buffer Yards: RS-15 to RE N/A Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 7 Utilities Water: 12-inch C900 Wastewater: 8-inch PVC Gas: 3-inch service line Storm Water: Drainage Channel DATE: December 14, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361)826-3575 CAPTION: Zoning Case No. 0820-03, Owen A. Norton (District 4). Ordinance rezoning property at or near 2926 Laguna Shores Road from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District. SUMMARY: The purpose of the zoning request is to allow for the construction of a recreational vehicle park. BACKGROUND AND FINDINGS: The subject property is 7.01 acres in size. The subject property is currently zoned “RM-1” Multifamily 1 District and consists of vacant property. The property was annexed in 1961. The proposed use is a recreational vehicle park with approximately 100 pad sites. The proposed park will have a small office with two employees. The hours of operation will be from 8 am to 5 pm. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a High Density Residential use. The proposed rezoning to the “RV” Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and warrants an amendment to the Future Land Use map. According to section 6.1.2.D.2 of the UDC, “Trailer pads shall be rented by the day or week only and the occupant of a trailer pad shall remain in the same Recreational Vehicle Park not more than 180 continuous days.” According to section 6.1.2.D.3.a and b, “The following uses shall be permitted as accessory uses to a Recreational Vehicle park provided that such uses do not occupy more than one-third of the area within the Recreational Vehicle park development. (Barber shops, beauty parlors, car wash, convenience grocery stores of less than 4,000 square feet, day care centers, dry cleaning receiving stations, fuel sales, restaurants excluding bars, taverns or pubs, and self-service laundries.) None of the described uses shall be allowed to operate within the proposed recreational vehicles. A single-family dwelling unit or Manufactured Home for resident watchmen or caretakers employed on the premises shall be permitted. As a comparison, the subject property is currently zoned “RM-1” Multifamily 1 District which allows the construction of a multifamily Rezoning a property at or near 2926 Laguna Shores Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting1/26/2021 Second Reading Ordinance for the City Council Meeting 2/9/2021 development at a maximum density of 22 dwelling units per acre. Based on the subject property’s size of 7 acres, the maximum density of apartment units would equate to 154 apartments. The potential RV park is proposing 100 pads sites. Laguna Shores Boulevard is a “P1” Parkway Collector street which has the means to accommodate the increased traffic of the RV park patrons. Additionally, Caribbean Drive located approximately 400-feet to the south is a “C1” Minor Collector street. If the “RV” District is approved, the required buffer yards will be: “RV” District to “RS-6” District: Type B: 10-feet and 10-points.“RV” District to “CN-1” District: Type A: 10-feet and 5-points. Based on the preliminary FEMA flood zoned maps, the majority of the subject property is located within the “AE” zone. The base flood elevation (BFE) is 8-feet. The portion of Laguna Shores Road along the frontage of the subject property is listed for improvement in the City’s Capital Improvement Plan (CIP) 2020-2021 bond project list. Public Input Process - Number of Notices Mailed 52 within 200-foot notification area 5 outside notification area As of December 28, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 8 inside notification area (all separate owners) 0 outside notification area Totaling 10.26% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District on August 19, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park 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. 0820-03, Owen A. Norton (District 4). Ordinance rezoning property at or near 2926 Laguna Shores Road from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 7.005 acre tract out of a 7.632 acre tract described in a deed recorded in Document No. 2005036804, Official Public Records of Nueces County, Texas and also being out of Lots 8 and 9, Section 53, Flour Bluff and Encinal Farm and Garden Tracts as shown on a map recorded in Volume "A", Pages 41-43, Map Records of Nueces County, Texas as shown in Exhibit “A”: from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District. The subject property is located at or near 2926 Laguna Shores Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. Page 2 of 5 SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0820-03 INFOR No. 20ZN1020 Planning Commission Hearing Date: August 19, 2020 Applicant & Legal Description Owner: Owen A. Norton Applicant: Owen A. Norton Location Address: 2926 Laguna Shores Road Legal Description: Being a 7.005 acre tract out of a 7.632 acre tract described in a deed recorded in Document No. 2005036804, Official Public Records of Nueces County, Texas and also being out of Lots 8 and 9, Section 53, Flour Bluff and Encinal Farm and Garden Tracts as shown on a map recorded in Volume "A", Pages 41-43, Map Records of Nueces County, Texas, located along the east side of Laguna Shores Road, south of Glenoak Drive, and north of Caribbean Drive. Zoning Request From: “RM-1” Multifamily 1 District To: “RV” Recreational Vehicle Park District Area : 7.01 acres Purpose of Request: To allow for the construction of a recreational vehicle park. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RM-1” Multifamily 1 Vacant High Density Residential North “RS-6” Single-Family 6 and “CN-1” Neighborhood Commercial Drainage and Vacant Permanent Open Space and High Density Residential South “RS-6” Single-Family 6 and “CN-1” Neighborhood Commercial Vacant, Low Density Residential, and Commercial Low Density Residential and Commercial East “RS-6” Single-Family 6 Vacant and Light Industrial Commercial West “CG-2” General Commercial and “CR-1” Resort Commercial Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a High Density Residential use. The proposed rezoning to the “RV” Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use map. Map No.: 035028 City Council District: 4 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 650 feet of street frontage along Laguna Shores Road which is designated as a “P1” Parkway Collector Street. According to the Urban Transportation Plan, “P1” Parkway Collector Streets can convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Laguna Shores Road “P1” Parkway Collector 80’ ROW 40’ paved 60’ ROW 30’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District to allow for the construction of a recreational vehicle park. Development Plan: The subject property is 7.01 acres in size. The proposed use is a recreational vehicle park with approximately 100 pad sites. The proposed park will have a small office with two employees. The hours of operation will be from 8 am to 5 pm. Existing Land Uses & Zoning: The subject property is currently zoned “RM-1” Multifamily 1 District and consists of vacant property and has remined undeveloped since annexation in 1961. To the north is a drainage canal. The Van Galen Drainage Tributary is approximately 75-feet wide and 8 feet deep. Across the canal, to the north is a City wastewater lift station on approximately 3.7 acres of property and zoned “RS-6” Single-Family 6 District. To the south are vacant properties and a convenience store zoned “CN-1” Neighborhood Commercial District. Additionally, along the southern property line of the subject property is a single-family residential subdivision (Tropic Park; 1961) zoned “RS-6” single-Family 6 District. To the east are vacant properties zoned “CG-2” General Commercial District and “CR-1” Resort Commercial District. Further to the east is the Laguna Madre lagoon and estuary. To the west is a single-family residential subdivision (Tropic Park; 1961) zoned “RS-6” Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along Laguna Shores Boulevard. Wastewater: 18-inch VCP line located along Laguna Shores Boulevard. Gas: 4-inch service line located along Laguna Shores Boulevard. Storm Water: Drainage canal along the norther property line and roadside ditches located along Laguna Shores Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a High Density Residential use. The proposed rezoning to the “RV” Recreational Vehicle Park District is Staff Report Page 3 consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote interconnected neighborhoods with appropriate transitions between lower- intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The City encourages expanded and additional recreation vehicle areas to serve tourists. Rezoning of proposed commercial and/or multi-family land use near South Padre Island Drive (SPID) and in close proximity to the Laguna Madre for recreational vehicle usage should be encouraged. Zoning this area for recreation vehicles would take advantage of the natural resource of the Laguna Madre, excellent access to SPID and would meet community objectives to minimize potential for property losses in flood prone areas (due to the mobile nature of this use)(Policy Statement B.9). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and warrants an amendment to the Future Land Use map. • According to section 6.1.2.D.2 of the UDC, “Trailer pads shall be rented by the day or week only and the occupant of a trailer pad shall remain in the same Recreational Vehicle Park not more than 180 continuous days.” • According to section 6.1.2.D.3.a and b, “The following uses shall be permitted as accessory uses to a Recreational Vehicle park provided that such uses do not occupy more than one- third of the area within the Recreational Vehicle park development. (Barber shops, beauty parlors, car wash, convenience grocery stores of less than 4,000 square feet, day care centers, dry cleaning receiving stations, fuel sales, restaurants excluding bars, taverns or pubs, and self-service laundries.) None of the described uses shall be allowed to operate within the proposed recreational vehicles. A single-family dwelling unit or Manufactured Home for resident watchmen or caretakers employed on the premises shall be permitted. • As a comparison, the subject property is currently zoned “RM-1” Multifamily 1 District which allows the construction of a multifamily development at a maximum density of 22 dwelling units per acre. Based on the subject property’s size of 7 acres, the maximum density of apartment units would equate to 154 apartments. The potential RV park is proposing 100 pads sites. • Laguna Shores Boulevard is a “P1” Parkway Collector street which has the means to accommodate the increased traffic of the RV park patrons. Additionally, Caribbean Drive located approximately 400-feet to the south is a “C1” Minor Collector street. • If the “RV” District is approved, the required buffer yards will be: o “RV” District to “RS-6” District: Type B: 10-feet and 10-points. o “RV” District to “CN-1” District: Type A: 10-feet and 5-points. • Based on the preliminary FEMA flood zoned maps, the majority of the subject property is located within the “AE” zone. The base flood elevation (BFE) is 8-feet. • The portion Laguna Shores Road along the frontage of the subject property is listed for improvement in the City’s Capital Improvement Plan (CIP) 2020-2021 bond project list. Staff Report Page 4 Planning Commission and Staff Recommendation (August 19, 2020): Approval of the change of zoning from the “RM-1” Multifamily 1 District to the “RV” Recreational Vehicle Park District. Public Notification Number of Notices Mailed – 52 within 200-foot notification area 5 outside notification area As of December 30, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition –8 inside notification area –0 outside notification area Totaling 10.26% 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/2020/0820-03 Owen A. Norton/Council Documents/Report - Owen A. Norton.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 Owen A. Norton Rezoning for a Property at 2926 Laguna Shores Road From “RM-1” To “RV” Zoning Case #0820-03 N City Council January 26, 2021 2 Aerial Overview 3 Adjacent Development and Zoning 4 Approval of the “RV” Recreational Vehicle Park District Planning Commission and Staff Recommendation 5 Public Notification 52 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 8* (10.26%) In Favor: 0 X XX X X X X X Separate Opposed Owners: 8 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition 6 Buffer Yards: RV to RS-6: Type B: 10’ & 10-points RV to CN-1: Type A: 10’ & 5-points Rental Sites: Day or week only and no longer than 180 days in duration within the park. Accessory Uses: No more than 1/3 of park Barber shops, Beauty parlors, Car wash, Convenience grocery stores of less than 4,000 square feet, Day care centers, Dry cleaning receiving stations, Fuel sales, Restaurants excluding bars, taverns or pubs, and Self-service laundries Property: 7.01 acres Proposed: 73 RVs with hookups Amenities: Office, 2 employees, Office hours of 8 am – 5 pm. UDC Requirements 7 Utilities Water: 12-inch ACP Wastewater: 18-inch VCP Gas: 4-inch line Storm Water: Drainage Canal and Roadside Drainage DATE: December 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. 1120-01, Mary Hutchins Triestman Partnership (District 1). Ordinance rezoning property at or near 1902 Rand Morgan from the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for development of commercial properties and a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is a total of 55.23 acres and has been vacant since annexation in 1962. On the same block as the subject property is an existing single-family residence that is currently occupied. To the north are single family homes and an existing non-conforming Mobile Home Park (Tuloso Mobile Home Park). Across Rand Morgan Road is Tuloso-Midway Intermediate School, which is surrounded by a single-family residential neighborhood. To the west is STX Beef and J&J Tamez Chemical company. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “CN-1” Neighborhood Commercial District is inconsistent with the Future Land Use map. However, the proposed “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development is consistent with the Future Land Use Map. Rezoning a property at or near 1902 Rand Morgan Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/26/21 Second Reading Ordinance for the City Council Meeting 02/09/21 Public Input Process Number of Notices Mailed 70 within 200-foot notification area 6 outside notification area As of December 30, 2020: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval rezoning property at or near 1902 Rand Morgan from the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development, on November 11, 2020. ALTERNATIVES: 1.Denial of the change of zoning from the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single- Family 4.5 District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1120-01, Mary Hutchins Triestman Partnership (District 1). Ordinance rezoning property at or near 1902 Rand Morgan Road from the from the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single-Family District and a Planned Unit Development WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Tract 1: Being 9.564 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773 as shown in Exhibit “A”: from the “FR” Farm Rural District to “CN-1” Neighborhood Commercial District Tract 2: Being 45.670 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773 as shown in Exhibit “B”: the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development Page 2 of 4 The subject property is located at or near 1902 Rand Morgan Road. Exhibit A and B, which are the Metes and Bounds of the subject properties, Exhibit C is an associated map, and Exhibit D, which is a copy of the Royal Oak Future Units (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance Royal Oak Future Units (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 3 commercial lots and 208 single-family residential lots. 2.Cul-de-sac Design: The attached design is allowed per Technical Review Committee (TRC) Approval. 3.Buffer Yard: Lot 6, Block 1 Buffer Yard may be reduced to 10-foot side yard and 2 trees on the east side. Lots 1-35, Block 10, Buffer Yard may be reduced to 20-foot rear yard and must include 2 trees on the east side. 4.Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5.Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. Page 3 of 4 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 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor EXHIBIT “A” Page 1 of 1 M U RRAY B A SS , J R ., P.E., R.P.L.S. 3054 S . A L AMEDA , Z IP 7 8404 N I XON M . W E LSH , P.E., R.P.L.S. 361 8 82-5521~ FA X 3 61 8 82-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw1@gmail.com B ASS & WELSH ENGINEERING E ngineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P .O. Box 6397 Corpus Christi, TX 78466-6397 September 29, 2020 20027-M&B-Zoning CN-1.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 9.564 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773, Official Records of said county, said 9.564 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Rand Morgan Road (FM Highway 2292) for the northwest corner of the tract herein described and southwest corner of a 2.07 acre City of Corpus Christi tract described by deed recorded at Volume 1027, Page 584, Deed Records of said county; THENCE N89°15’35”E 261.91’ along the south boundary line of said 2.07 acre tract to a point for the northeast corner of the tract herein described; THENCE S00°45’07”E 1596.84’ to a point for the southeast corner of the tract herein described in the north boundary line of Tuloso Reserve Unit 1, a map of which is recorded in Volume 69, Pages 347 and 348, Map Records of said county; THENCE S89°23’36”W 260.00’ along the north boundary line of said Tuloso Reserve Unit 1 and along a right-of-way line of said Rand Morgan Road to a point for the southwest corner of the tract herein described and right-of-way corner of said Rand Morgan Road; THENCE N00°49’15”W 1596.24’ along said east right-of-way line of Rand Morgan to the POINT OF BEGINNING, a sketch showing said 9.564 acre tract for CN-1 Zoning being attached hereto as Exhibit “C”. Nixon M. Welsh, R.P.L.S. EXHIBIT “B” Page 1 of 2 M U RRAY B A SS , J R ., P.E., R.P.L.S. 3054 S . A L AMEDA , Z IP 7 8404 N I XON M . W E LSH , P.E., R.P.L.S. 361 8 82-5521~ FA X 3 61 8 82-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw1@gmail.com B ASS & WELSH ENGINEERING E ngineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P .O. Box 6397 Corpus Christi, TX 78466-6397 September 29, 2020 20027-M&B-Zoning RS4.5.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 45.670 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773, Official Records of said county, said 45.670 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Rand Morgan Road (FM Highway 2292) for a northwesterly corner of the tract herein described and northwest corner of a 2.07 acre City of Corpus Christi tract described by deed recorded at Volume 1027, Page 584, Deed Records of said county; THENCE N00°49’15”W 60.00’ along said east right-of-way line of Rand Morgan Road to a point for the northwest corner of the tract herein described and southwest corner of a 52’ x 210’ tract of land conveyed to H.C. Davis by deed recorded at Volume 888, Page 295, said deed records; THENCE N89°27’46”E 430.12’ along the south boundary line of said 52’ x 210’ tract and along the south boundary line of Tract 10, Hutchins Tracts, a map of which is recorded at Volume 34, Page 113, Map Records of said county, to a point for south central corner of said Tract 10, Hutchins Tracts and north central corner of the tract herein described; THENCE S00°47’47”E 29.82’ along a south central boundary line of said Tract 10, Hutchins Tracts, to a point for north central interior corner of the tract herein described and south central corner of said Tract 10, Hutchins Tracts; THENCE N89°01’08”E 526.98’ along the south boundary of said Tract 10, Hutchins Tracts and along the south boundary line of a 2-acre tract described by deed, Document No. 2019047552, said official records, to a point for the southeast corner of said 2-acre tract and the north central or northeasterly corner of the tract herein described; THENCE N00°39’38”W 495.26’ along the east boundary of said 2-acre tract to a point for the northeast corner of said 2-acre tract and westernmost northeast corner of the tract herein described and being in the south boundary line of Tract 6, Hutchins Tracts, a map of which is recorded in Volume 32, Page 98, said map records; THENCE N89°12’53”E 310.81’ along the south boundary line of said Tract 6, Hutchins Tracts, to a point for the southeast corner of said Tract 6, Hutchins Tracts and northeast corner of the tract herein described in the west boundary line of a 70.25 acre tract described by deed recorded at Document No. 2019011303, said official records; THENCE S00°45’07”E 2335.56’ along the west boundary line of said 70.25 acre tract, along the west boundary line of 1 acre tract called “Hutchins Ditch Tract” in said Document No. 2001007773, along the west EXHIBIT “B” Page 2 of 2 Metes and Bounds Description, 45.670 Acre Tract, September 29, 2020, Continued; boundary line of 85.022 acre Parcel 1 described by deed recorded in Document No. 2010036915, said official records and along the west boundary line of 5.100 acre Parcel 3 described by deed recorded at Document No. 2004017839, said official records, to a point for the northeast corner of 25.998 acre Parcel 2 described by said deed recorded at Document No. 2010036915, for the southeast corner of the tract herein described; THENCE S89°23’36”W 1006.48’ along the north boundary line of said 25.998 acre Parcel 2 and continuing along the north boundary line of Tuloso Reserve Unit 1, a map of which is recorded in Volume 69, Pages 347 and 348, said map records, to a point for the southwest corner of the tract herein described; THENCE N00°45’07”W 1596.84’ to a point for a northwesterly corner of the tract herein described in the south boundary line of said 2.07 acre tract; THENCE S89°15’35”E 168.09’ along the south boundary line of said 2.07 acre tract to a point for the southeast corner of said 2.07 acre tract and northwesterly interior corner of the tract herein described; THENCE N00°49’15”W 210.00’ along the east boundary line of said 2.07 acre tract to a point for the northeast corner of said 2.07 acre tract and northwesterly interior corner of the tract herein described; THENCE S89°15’35”W 430.00’ along the north boundary line of said 2.07 acre tract to the POINT OF BEGINNING, a sketch showing said 45.670 acre tract for RS-4.5 Zoning being attached hereto as Exhibit “C”. Nixon M. Welsh, R.P.L.S. ROYAL OAK FUTURE UNITS PUD Corpus Christi, Texas Owner/Developer MPM DEVELOPMENT, LP P.O. BOX 331308 CORPUS CHRISTI, TX 78463 774-3832 Submitted by: BASS & WELSH ENGINEERING P .O. Box 6397 Corpus Christi, TX 78466-6397 November 5, 2020 Exhibit D Page 1 of 1 ROYAL OAK FUTURE UNITS PUD Corpus Christi, Texas DEVELOPMENT DESCRIPTION: Royal Oak Future Units, a Planned Unit Development (PUD), is a proposed commercial (3 lots) and single family residential development (208 lots). The developer is requesting a change of zoning from RS-6 to RS- 4.5/PUD and FR to CN-1/PUD and RS4.5/PUD to allow deviations from the Unified Development Code. The deviations are in proposed RS4.5/PUD areas only, not in CN-1 areas, in that 1) Block 1, Lot 6 would be required to have a 50’ east side yard setback whereas a 10’ YR/UE and two reasonably mature trees are proposed on the east side of this lot, and 2) Block 10, Lots 1 – 35 would be required to have a 50’ rear yard setback whereas a 20’ rear yard setback and two reasonably mature trees in these lots are proposed. UDC allows no hammerheads whereas two hammerheads are proposed as shown. LOCATION MAP – See attached METES AND BOUNDS PROPERTY DESCRIPTION AND SKETCH FOR REZONING – See attached PROPOSED PRELIMINARY PLAT – See Attached DEED – See Attached UDC – PUD COMPARISON DESCRIPTION UDC PUD REQUIREMENT HAMMERHEADS NOT ALLOWED 2 Hammerheads OK DESCRIPTION - BLOCK 1, LOT 6 UDC PUD REQUIREMENT MINIMUM EAST YR 50 FT 10’UE/YR & 2 trees East side DESCRIPTION – Block 10, Lots 1 - 35 UDC PUD REQUIREMENT MINIMUM REAR YARD 50 FT 20’ YR & 2 trees rear/east Amenities to include: Secluded Residential Neighborhood All streets contain walks RAND MORGAN RDSPANISH TRLOVERLAND TRLOREGON TRL MURDOCK DR LEOPA R D S T ROYAL OAK DR ENGLISH OAK DR SPANISH OAK DR BECKWORTH TRLGOODNIGHT LOVING TRL F R F R I H I H I H I H R S - 6 R S - 6 R S - 6 R S - 6 R S - 4 . 5 R S - 4 . 5 R S - 4 . 5 R S - 4 . 5 R S - 4 . 5 R S - 4 . 5 F R F RR S - 4 . 5 R S - 4 . 5 C G - 2 C G - 2 R E R E C G - 2 C G - 2 C G - 2 C G - 2 I H 3 7 FM 2292UP RIVER MCKINZIE RDRAND MORGANCLARKWOODLEOPA R D ROAD µ Corpus Christi Bay 0 500250Feet LOCATION MAP Date Created: 10/28/2020Prepared By: ReyRDepartment of Development Services SUBJECTPROPERTY SUBJECTPROPERTY CASE: 1120-01 SubjectProperty Aerial with Subject Property Map Scale: 1:4,800 Proposed RS 4.5 Zoning Tract Proposed CN-1 Zoning Tract STAFF REPORT Case No. 1120-01 INFOR No. 20ZN1025 Planning Commission Hearing Date: November 11, 2020 Applicant & Legal Description Owner: Mary Hutchins Triestman Partnership Applicant: Mary Hutchins Triestman Partnership Location Address: 1902 Rand Morgan Road Legal Description: Tract 1: Being 9.564 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773 Tract 2: Being 45.670 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773, located along the east side of Rand Morgan Road, south of Leopard Street, and north of McNorton Road. Zoning Request From: “FR” Farm Rural District and “RS-6” Single-Family 6 District To: “CN-1” Neighborhood Commercial District (Tract 1) and “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development (Tract 2) Area: 55.23 total acres Purpose of Request: To develop commercial properties and a single-family residential subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural and “RS-6” Single-Family 6 Vacant Medium Density Residential North “RS-6” Single-Family 6 Vacant Medium Density Residential South “RS-4.5” Single Family 4.5 Vacant and Low Density Residential Medium Density Residential East “IH” Heavy Industrial Vacant and Heavy Industrial Heavy Industrial West “RS-6” Single-Family 6 and “RS-4.5” Single Family 4.5 Mobile Home Park and Low Density Residential Medium and High Density Residential Staff Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the “CN-1” Neighborhood Commercial District is inconsistent with the Future Land Use map. However, the proposed “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development is consistent with the Future Land Use Map. Map No.: 058047 City Council District: 1 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,500 feet of street frontage along Rand Morgan Road which is designated as an “A2” Secondary Arterial Street. According to the Urban Transportation Plan, “A2” Secondary Arterial Streets can convey a capacity between 20,000 and 32,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Rand Morgan Road “A2” Secondary Arterial Street 100’ ROW 54’ paved 100’ ROW 50’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District and “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single-Family District and a Planned Unit Development to allow for a commercial properties and a single-family residential subdivision. Development Plan: The subject property is a total of 55.23 acres in size. Approximately, 9 acres is for the proposed commercial development. The remaining 45 acres is for the proposed planned unit development. Royal Oak Future Units is a Planned Unit Development (PUD), is proposing three commercial lots and a single-family residential development consisting of 209 lots. Minimum Dimensions “RS-4.5” District Standards Proposed PUD Deviation Block 1, Lot 6 Buffer Yard Minimum Lot Width 50 feet and 50 points 10 foot side yard & 2 trees east side Yes Block 10, Lots 1-35 Buffer Yard Buffer Yard: “RS-4.5” and “IH” 50 feet and 50 points 20 foot rear yard & 2 trees east side Yes Street Design Cul-de-sac Design Allowed with Technical Review Committee (TRC) Approval Allowed Yes Staff Report Page 3 Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District and “RS-6” Single-Family 6 District and consists of vacant property and has remained undeveloped since annexation in 1962. To the north is a vacant property zoned “RS-6” Single-Family 6 District. To the south is a developing single-family residential subdivision recently zoned “RS-4.5” Single-Family 4.5 District in 2019. To the east is a large industrial area zoned “IH” Heavy Industrial District. The industrial area consists of the former Celanese Technical Center and STX Beef processing plant and slaughterhouse. To the west is a mobile home park constructed in the 1960s, Fire Station #12 both zoned “RS-6” Single-Family 6 District. Further to the west across Rand Morgan Road are single-family residences (Northwest Crossing, 2001) and the Tuloso-Midway Intermediate School zoned “RS-4.5” Single-Family 4.5 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: 16-inch DIP line located along Rand Morgan Road. Wastewater: 2.5-inch PVC line located along Rand Morgan Road. Gas: 4-inch line located along Rand Morgan Road. Storm Water: N/A Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the “CN-1” Neighborhood Commercial District is inconsistent with the Future Land Use map. However, the proposed “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development is consistent with the Future Land Use Map. Overall, the proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) as a whole. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). Staff Report Page 4 • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Incompatible industrial and commercial land uses should not abut residential areas. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. (Corpus Christi Policy Statements, Land Use, Residential Policy Statement i.) Department Comments: • The proposed rezoning to the “CN-1” Neighborhood Commercial District is inconsistent with the Future Land Use map. However, the proposed “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development is consistent with the Future Land Use Map. Overall, the proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) as a whole. • The proposed rezoning is incompatible with neighboring properties and with the general character of the surrounding area. The proposed “RS-4.5” District constitutes an increase in density of single-family homes which is incompatible with the large industrial properties to the east. • The proposed commercial rezoning will be the only commercial node south of the intersection of Rand Morgan Road and Leopard Street approximately 0.30 miles to the north of the subject property. • Additionally, all of the higher density single-family residential neighborhoods are located to the west of Rand Morgan Road and across the road from the subject property and there is sufficient interconnectivity between neighborhoods. The subject property is isolated with no possible connectivity with the mobile home park to the east causing the need cul-de-sac streets and only one street of connectivity to the southern developing single-family subdivision. • This rezoning does have a negative impact upon the surrounding neighborhood. An increase in density next to the large tract heavy industrial facilities will potentially subject additional residential homes to hazards such as: noise, smoke, vibration, dust, and odors. • During previous adjacent rezoning cases in 2016 and 2019, staff made the following points: o Rand Morgan Road is essentially the dividing line between the planned industrial used lands and residentially used land on the Future Land Use map. o The subject property has not developed under the current adopted Future Land Use Plan designation and the existing zoning. o The McNorton Subdivision to the south of the subject property is designated as a “neighborhood in transition” in the Port/Airport/Violet Area Development Plan (ADP) since the neighborhood is surrounded on three sides with industrial uses or zoning. The term “In Transition” in the ADP suggests that the location of the Staff Report Page 5 McNorton Subdivision is not an ideal residential location due to potential negative impacts from industrial used or zoned property. o The proposed 6+ acre buffer proposed by the applicant may be sufficient to protect the proposed residential subdivision from the negative impacts of the abutting “IH” Heavy Industrial zoned property. o Staff is of the opinion that the applicant has made a significant effort to address Comprehensive Plan land use issues by proposing the “FR” Farm Rural District as a protective buffer to the neighborhood. Therefore, a change to the Future Land Use Plan map is warranted. • The site currently only has access to Rand Morgan Road which will present connectivity issues. During the review process, the Texas Department of Transportation (TXDot) raised concerns with the significant increase in potential traffic and the inability of Rand Morgan Road to absorb such traffic in its current state as a two lane road. TXDot commented that due to the increased traffic concerns, the proposed commercial lots will not have direct access to Rand Morgan Road. Additional concerns were raised focused on the lack of a traffic signal at the intersection of Oregon Trail and Rand Morgan Road. Oregon Trail serves as not only the primary entrance to the residential subdivision to the west and TMISD school, but also as the primary entrance to the subject property. Primarily, this issues will be addressed during the platting process. • A 230’ wide buffer area was established during the previous rezoning case in 2016 to the adjacent industrial areas. This proposed PUD is not continuing the buffer as established by the adjacent subdivision to the south. Additionally, this proposed PUD is requesting relief from the required UDC zoning district buffer yard of 50-feet and 50- points. • The adjacent industrial facilities consist of the STX Beef (formerly Sam Kane) slaughterhouse and meat packing plant and the former Celanese Technical Center. Both facilities are zoned “IH” Heavy Industrial District. • Members of the Technical Review Committee from the Fire, Solid Waste, Planning Departments have raised several concerns on the design of the proposed PUD. The concerns are specific to the use of the “hammerhead” cul-de-sac design and the proximity to an active heavy industrial use without a significant buffer. • Lastly, adjacent to the subject property is the STX Beef (formerly Sam Kane) slaughterhouse and meat packing plant. Within the last 3 years, 341 separate violations for Air Quality have been filed with the Texas Commission on Environmental Quality (TCEQ). Planning Commission and Staff Recommendation (November 11, 2020): Approval of the change of zoning from the “FR” Farm Rural District and the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District and “RS-4.5/PUD” Single-Family District and a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Royal Oak Future Units Planned Unit Development (PUD) Guidelines. 2. Buffer Yard: The lots identified as Lots 1-35, Block 10 must have a buffer yard consisting of a minimum 20-foot rear yard setback, must have two trees per lot with a minimum of a 2.5 inch caliper, and a 7-foot solid wooden screening fence along the Staff Report Page 6 property line shared with the “IH” Heavy Industrial District. The lot identified as Lot 6, Block 1 must have a buffer yard consisting of a minimum 10-foot side yard setback, must have two trees with a minimum of a 2.5 inch caliper, and a 7-foot solid wooden screening fence along the property line shared with the “IH” Heavy Industrial District. 3. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Public Notification Number of Notices Mailed – 70 within 200-foot notification area 6 outside notification area UAs of December 30, 2020U: In Favor – 20 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) C. Planned Unit Development (PUD) Guidelines and Master Site Plan Staff Report Page 7 ROYAL OAK FUTURE UNITS PUD Corpus Christi, Texas Owner/Developer MPM DEVELOPMENT, LP P.O. BOX 331308 CORPUS CHRISTI, TX 78463 774-3832 Submitted by: B A SS & W ELS H ENGI NEERI NG P. O. B ox 6397 C o rpus C h risti, T X 78466 - 6397 November 5, 2020 ROYAL OAK FUTURE UNITS PUD Corpus Christi, Texas DEVELOPMENT DESCRIPTION: Royal Oak Future Units, a Planned Unit Development (PUD), is a proposed commercial (3 lots) and single family residential development (208 lots). The developer is requesting a change of zoning from RS-6 to RS- 4.5/PUD and FR to CN-1/PUD and RS4.5/PUD to allow deviations from the Unified Development Code. The deviations are in proposed RS4.5/PUD areas only, not in CN-1 areas, in that 1) Block 1, Lot 6 would be required to have a 50’ east side yard setback whereas a 10’ YR/UE and two reasonably mature trees are proposed on the east side of this lot, and 2) Block 10, Lots 1 – 35 would be required to have a 50’ rear yard setback whereas a 20’ rear yard setback and two reasonably mature trees in these lots are proposed. UDC allows no hammerheads whereas two hammerheads are proposed as shown. LOCATION MAP – See attached METES AND BOUNDS PROPERTY DESCRIPTION AND SKETCH FOR REZONING – See attached PROPOSED PRELIMINARY PLAT – See Attached DEED – See Attached UDC – PUD COMPARISON DESCRIPTION UDC PUD REQUIREMENT HAMMERHEADS NOT ALLOWED 2 Hammerheads OK DESCRIPTION - BLOCK 1, LOT 6 UDC PUD REQUIREMENT MINIMUM EAST YR 50 FT 10’UE/YR & 2 trees East side DESCRIPTION – Block 10, Lots 1 - 35 UDC PUD REQUIREMENT MINIMUM REAR YARD 50 FT 20’ YR & 2 trees rear/east Amenities to include: Secluded Residential Neighborhood All streets contain walks Page 1 of 1 N rncc "' "' "'l ROYAL RAND MORGAN RD. < FM 2292) SPANI SH OAK DR ] I OAK DR I ,,,,,,,,,,, '""'°'HC"'° '"J f.L..< '..LL'..LL'4,LL-'-' " SI TE" MURDOCK DR. DR BEN VELA DR. FLAGSHI P DRIVE :Lo-i°;'';1] ===:!u 11 cr----=:=:=r ..J <[ 2 Cl I <[ "' Cl) ..J <u[ "<[' "' "' LOCATI O N M AP - R OY AL O A K FUTUR E U N I TS PUD 1'=1500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-LOC MAP, JOB NO. 20027, SCALE: 1" = 1500' PLOT SCALE: 1"=100', PLOT DATE: 10/9/20, SHEET 1 OF 1 M U R R A Y BA S S , JR . , P.E., R.P.L.S. 3 0 5 4 S. A L A M E D A , Z I P 7 8 4 04 N I X O N M. W E L S H , P.E., R.P.L.S. 3 6 1 88 2 - 5 52 1 ~ F A X 3 61 8 82 - 1 2 6 5 www. b a s s - w e ls h . co m e- mai l : murray j r @ ao l . co m e- mai l : n i x m w 1 @ g ma i l . co m BASS & W ELSH E N G I N EER I N G E ngineering F irm R e g . N o . F- 52 S urveying F irm R e g . N o . 100027 - 00 P. O . B o x 6397 Corpus C h r ist i , T X 78466 - 6397 STATE OF TEXAS § COUNTY OF NUECES § September 29, 2020 20027-M&B-Zoning CN-1.doc Description of a 9.564 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773, Official Records of said county, said 9.564 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Rand Morgan Road (FM Highway 2292) for the northwest corner of the tract herein described and southwest corner of a 2.07 acre City of Corpus Christi tract described by deed recorded at Volume 1027, Page 584, Deed Records of said county; THENCE N89°15’35”E 261.91’ along the south boundary line of said 2.07 acre tract to a point for the northeast corner of the tract herein described; THENCE S00°45’07”E 1596.84’ to a point for the southeast corner of the tract herein described in the north boundary line of Tuloso Reserve Unit 1, a map of which is recorded in Volume 69, Pages 347 and 348, Map Records of said county; THENCE S89°23’36”W 260.00’ along the north boundary line of said Tuloso Reserve Unit 1 and along a right-of-way line of said Rand Morgan Road to a point for the southwest corner of the tract herein described and right-of-way corner of said Rand Morgan Road; THENCE N00°49’15”W 1596.24’ along said east right-of-way line of Rand Morgan to the POINT OF BEGINNING, a sketch showing said 9.564 acre tract for CN-1 Zoning being attached hereto as Exhibit “C”. EXHIBIT “A” Page 1 of 1 Nixon M. Welsh, R.P.L.S. M U R R A Y BA S S , JR . , P.E., R.P.L.S. 3 0 5 4 S. A L A M E D A , Z I P 7 8 4 04 N I X O N M. W E L S H , P.E., R.P.L.S. 3 6 1 88 2 - 5 52 1 ~ F A X 3 61 8 82 - 1 2 6 5 www. b a s s - w e ls h . co m e- mai l : murray j r @ ao l . co m e- mai l : n i x m w 1 @ g ma i l . co m BASS & W ELSH E N G I N EER I N G E ngineering F irm R e g . N o . F- 52 S urveying F irm R e g . N o . 100027 - 00 P. O . B o x 6397 Corpus C h r ist i , T X 78466 - 6397 STATE OF TEXAS § COUNTY OF NUECES § September 29, 2020 20027-M&B-Zoning RS4.5.doc Description of a 45.670 acre tract of land, more or less, a portion of Survey 416, A.B.& M. Certificate No. 962, Abstract 838, and being a portion of an 80 acre tract described by deed as “Rand Morgan Road Property” in Document No. 2001007773, Official Records of said county, said 45.670 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of Rand Morgan Road (FM Highway 2292) for a northwesterly corner of the tract herein described and northwest corner of a 2.07 acre City of Corpus Christi tract described by deed recorded at Volume 1027, Page 584, Deed Records of said county; THENCE N00°49’15”W 60.00’ along said east right-of-way line of Rand Morgan Road to a point for the northwest corner of the tract herein described and southwest corner of a 52’ x 210’ tract of land conveyed to H.C. Davis by deed recorded at Volume 888, Page 295, said deed records; THENCE N89°27’46”E 430.12’ along the south boundary line of said 52’ x 210’ tract and along the south boundary line of Tract 10, Hutchins Tracts, a map of which is recorded at Volume 34, Page 113, Map Records of said county, to a point for south central corner of said Tract 10, Hutchins Tracts and north central corner of the tract herein described; THENCE S00°47’47”E 29.82’ along a south central boundary line of said Tract 10, Hutchins Tracts, to a point for north central interior corner of the tract herein described and south central corner of said Tract 10, Hutchins Tracts; THENCE N89°01’08”E 526.98’ along the south boundary of said Tract 10, Hutchins Tracts and along the south boundary line of a 2-acre tract described by deed, Document No. 2019047552, said official records, to a point for the southeast corner of said 2-acre tract and the north central or northeasterly corner of the tract herein described; THENCE N00°39’38”W 495.26’ along the east boundary of said 2-acre tract to a point for the northeast corner of said 2-acre tract and westernmost northeast corner of the tract herein described and being in the south boundary line of Tract 6, Hutchins Tracts, a map of which is recorded in Volume 32, Page 98, said map records; THENCE N89°12’53”E 310.81’ along the south boundary line of said Tract 6, Hutchins Tracts, to a point for the southeast corner of said Tract 6, Hutchins Tracts and northeast corner of the tract herein described in the west boundary line of a 70.25 acre tract described by deed recorded at Document No. 2019011303, said official records; THENCE S00°45’07”E 2335.56’ along the west boundary line of said 70.25 acre tract, along the west boundary line of 1 acre tract called “Hutchins Ditch Tract” in said Document No. 2001007773, along the west EXHIBIT “B” Page 1 of 2 Metes and Bounds Description, 45.670 Acre Tract, September 29, 2020, Continued; boundary line of 85.022 acre Parcel 1 described by deed recorded in Document No. 2010036915, said official records and along the west boundary line of 5.100 acre Parcel 3 described by deed recorded at Document No. 2004017839, said official records, to a point for the northeast corner of 25.998 acre Parcel 2 described by said deed recorded at Document No. 2010036915, for the southeast corner of the tract herein described; THENCE S89°23’36”W 1006.48’ along the north boundary line of said 25.998 acre Parcel 2 and continuing along the north boundary line of Tuloso Reserve Unit 1, a map of which is recorded in Volume 69, Pages 347 and 348, said map records, to a point for the southwest corner of the tract herein described; THENCE N00°45’07”W 1596.84’ to a point for a northwesterly corner of the tract herein described in the south boundary line of said 2.07 acre tract; THENCE S89°15’35”E 168.09’ along the south boundary line of said 2.07 acre tract to a point for the southeast corner of said 2.07 acre tract and northwesterly interior corner of the tract herein described; THENCE N00°49’15”W 210.00’ along the east boundary line of said 2.07 acre tract to a point for the northeast corner of said 2.07 acre tract and northwesterly interior corner of the tract herein described; THENCE S89°15’35”W 430.00’ along the north boundary line of said 2.07 acre tract to the POINT OF BEGINNING, a sketch showing said 45.670 acre tract for RS-4.5 Zoning being attached hereto as Exhibit “C”. EXHIBIT “B” Page 2 of 2 Nixon M. Welsh, R.P.L.S. "' "' 52' X 210' TRACT, CONVEYED TD H. C. DAVIS, V. 888, P. 295, D. R. HUTCHI NS TRACTS TR ACT 6 V. 32, P. 98, M. R. N89° 12' 53'E 310. 81' HUTCHI NS TRACTS TRACT 10 V. 34, P. 113, M. R. N89° 27' 46'E 430. 12' soo· 47' 47' E 1.---..U----r;/ 29. 82' Ns9· 01' as· E ss9• 15' 35• w 430. oo' 2. 07 AC. TRACT, v. 1027, p, 584, D. R. ,C ITY OF C. C. N89° 15' 35' E 430. 00 261. 91' 168. 09' 526. 98' 70. 25 AC. TRACT, DOC. NO. 2019011303, 0. R. , STX BEEF CO. , LLC - p O:'. z <I L'.J O:'. D 2: p z <I O:'. _J u 260. 00' RS 4. 5 ZDN ING TRACT, PORT! ON SURVEY 416, A. B. & M. CERT. 962, ABS. 838 AND BEING A PORTION OF AN 80 AC. TR ACT DESCRIBED AS R AND MORGAN ROAD PROPERTY IN DEED, DOC. NO. 2001007773, O. R. , 45. 670 AC EXH I B I T ' C 0 SKETCH TD A CCO MP A NY M ETES A ND BOUNDS DESCR I PTI O NS 1 ' =300' 1006. 48' "" '' (") (") (\j w. "0 i..n,. 85. 022 AC. PARCEL 1, DOC. ND. 2010036915, 0. R. , DBL T & C PRDPERTI ES, INC. 5. 100 AC. PARCEL 3, DOC. ND. 2004017839, D. R. , C. C. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ;'J 51 CD ss9· 23' 36' w 1266. 48' ® TULDSD RESERVE UNIT 1 "' V. 69, P. 347 & 348, M. R. tj INDUSTRI AL PARK, LLC BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX 0 150' 300' 600' tI:::•D•d' 111111'=====1 REMAINDER OF 25. 998 ACRE P ARCEL 2, DOC. ND. 2010036915, 0. R. , DOUBLE SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 20027, SCALE: 1" 300' SCALE: 1'= 300' T & C PROPERTIES, INC. PLOT SCALE: SAME, PLOT DATE: 9/29/20, SHEET 1 OF 1 r TRAIL ( 60' RO W) !---CL ' - ' ,;,,."-._.. *TF·... z IOD' STR EET ROW 1O ' S TR EET (_ DE D ICA T ION C L G DDDNICi HT -LDV ING I TR A IL ( 6 0' ROW) L.-- C L OR EGON )')'>>J>C>J>>>:»>>>'>.»>--- z -------<===- Q D D d ENGLISH OAK CL RAND MOR GA N R D. - --- -1--- - --- - --- - -----,- FM 2292 ) "- - - --- - --- 8 17' < 743' NET ) NO O " 4 9 ' 15 " W I 60 . 00 '1 I ' DR ( 50' ROW ) Q I ' D < z 283' C 203' 647' C 567' NET) SET 5/ 8' I, R."' SET 5/8' I. R." j _,,- FOUND 518' I. R. TYPICAL SECTION RAN D MOR GAN R OA D ( LO OK I N G NTS NO RTH) _.,.,,-S ET 5/8 " J , R . NET) 20' Y R 10' STR EET DED IC A TI ON ---.. 15' UE N00 "39' 1 5 " W 15 96. 2 4 ' 15' UE [L O ' S T REET DEDICA T ION C AR OL INE RD. Q ' J Q II S I T E 1 d < M LO C A T I O N M A P 1'- 1500' HUTCHINS TR A C T S TRAC T 10 V , 34, P, 1 13, M. R. LEGEND CL CENTER L INE CLC CR C ONCRETE L lNED CHA NNEL CO UNT Y RO AD D. R. DEED RECORDS, NUECES COUNT Y, T X M, R , MAP RECORD S, NUECES C O , , T X 0. R. OF FICI A L REC ORDS , NUECE S C O. , T X < 0 . +- 0 0 I 0 ll - l '---;O , " +-- y - 6!J.DO ..-n • o u:- FD 5/8' I . R . 5' UE ""'-pun REQU IRE MEN T - 20' RE AR YR AND TW O REA SONA BLY MA TURE TREES EACH LDT S OO " 4 5' 07 " E 2335 . 56 ' D ISTURBED 5. 100 AC. PARCEL 3, DOC. NO. 20040 17839, D. R. , C. C. A LO NG EA ST BOUNDA R Y 1-P 1 AC X 17 , 46' W IDE T R AC T, DOC. ND. 20010077 73, 0. R. , 8. I 7. 46 UE 70. 25 AC. TRA CT , DOC. 1 . THI S SITE IS PR ESENTLY VACA NT AND IS CUR RENTLY ZON ED FR & RS-6. IT IS PROPOSED TO BE R EZO NED TO CN -1 FOR LARGE LOTS WHERE SHOWN AND THE BALANC E TO RS-4.5. 70. 2 5 A C. TRAC T, DOC. NO. 20 1901 1303. D. R. • STX BEEF CD. , LLC INDUS T R IA L P ARK, L LC 85. 0 22 AC. PA RCEL l , DOC. ND. 20 1003691 5, 0. R. , DBL T 8. C PRO PERTIES, INC. NO. 20 1901 1303, D. R. ST X BEEF C O . , LLC 2. . THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. TH E TCEQ HAS NOT CLASSI FI ED TH E AQUATIC LIFE USE FOR THE OSO CREEK , BUT IT IS RECO GNIZED AS AN ENVIRONM ENTALLY SENSITIVE AR EA. THE OSO C REEK FLOWS DIRECTLY INTO THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS " EX CEPTIONAL" AND "OYSTER WATERS" AND CATEGORIZED THE REC EIVING WATER AS "CONTACT RECR EAT ION" USE. 3. THE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID, SOUTH ZONE, NAO 198.3. THIS DOCUM ENT I S R ELEA SED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTH O RITY O F NIX O N M. WELSH , P.E. NO. 36240 OF BASS A NO W ELSH ENGI NEERING, F 52. IT IS NOT TO BE USED FOR 1 0' 60' STREET ROW 40' BB STREET 2 " TYPE "D" HMAC ON PRIME COAT @ 0. 15 GALLO NS PER SQUARE YARD (NO SEPARATE P AY FOR PRIME COAT) 50' STR EET R OW 28 ' BB STREET 2" TYPE "D" HMAC ON PRIME COAT @ 0.1 5 GALLONS PER SQUARE YAR D (NO SEPARATE PAY FOR PRIME COAT) 11' 14' 14 ' 1 .0' TYP. 4. THE SUBJ ECT SITE IS IN FEMA ZON E X (0.2% ANN UAL CHANC E FLOOD ) 48355C0285G (10/23/15). 5. . LEGAL D ESC R IPTION: A 55, 235 A CRE TRA C T OF LAND, M O RE DR LESS, A POR T IO N OF SUR VEY 4 1 6, A . B. 8. M . , CE R T. 962, A BS. 838 AND BE IN[] A P O R T ION OF AN 80 AC . T RAC T DESCR IBED AS RA ND MO RGAN ROAD PRO PER T Y IN DEED, DOC. ND. 2001007773, D. R. 5 . DESCRI PTION OF SITE DRAINAG E: THE ENTIRE SITE WI LL DRAI N VIA UNDERGR O UND PIPES TO TO A PROPOSED OFFSITE DRAINAGE DETENTION BASIN (100 YR FLOOD), THENCE VIA A PROPOSED 42" PIPE TO EXISTING TWI N 30" RCP'S IN BLANC O ROAD AS SHOWN THIS SHECT AN O SHECT 2 HER EO F CONSTR UCTI O N O R BIDDING PUR POS ES. ..........,. , ·""\'\ .O..F..,1•. ] •' :Ir*··:··'·······.................,.... ....'."'." 20' 20' 4' WIDE R/C WALK 5" C ROWN FROM 6 THERE AR E NO KNOWN NATURAL WATER BODIES, JURISDICTIONAL WETLANDS, ENDANGERED . 3'240 '-:: PROP. 4 'W IOE R/C WALK 5,. CROWN FROM CL STR EET 1 .0' TYP . CL STR EET LIP OF GUTTE R SPECI ES HABITAT, STAT E SUBMERG ED LANDS O R CRITICAL DUNES ON THE SITE. d: .,, ,. "·.f.c1stt1:_. 60' 40' 44' 16' 16' 24 ' LIP OF GUTTER - COMPACT BACK FI LL TO 7 A STORM WATER POLLUTION PREVENTION PLAN WILL BE SUBMITTED WITH THE CONSTRUCTION PLANS FOR ANY PROJECT ONE ( 1) ACR E OR GREATER OR A STORM WATER 7fiiiitt \\\.,_ /) / "..... COM PACT BACKFILL TO 95% STANDARD PROCTOR DENSllY (BOTH SIDES) AN D UNDER WA LKS (TYP.) PROP. 4'WIDE R/C WALK 6' C ITY STD. R/C C URB AND GUTTER (TYPICAL BOTH SID ES) 95 % STA NDARD PROCTOR DENSITY (BOTH SIDES) AN D UNDER WA LKS (TYP.) 4' WI D E R/C WALK 6' CITY STD. R/C CURB AND GUTIER (TYPICAL BOTH SIDES) POLLUTION CONTR OL PLAN IF LESS THAN ON E (1) AC RE. 8. THIS DEVELOPMENT MEETS THE crn"s MASTER DRAINAGE PLAN AND THE PROPOSED DRAINAGE W ILL NOT ADVER SELY AFFECT THE DRA INAGE PATTERN OR DESIGN OF THE ADJACENT PROPERTIES. 9. . THE TOTAL PLAITTO AREA CONTAINS 55.235 ACR ES OF LANO INCLUDING STREET ' 1 1 / 5/ 2 0 DEDICATION S. 8 " C RUS HED LIMESTONE BASE TO 2' BEHIND C & G TO 5" CRUSHED LIMESTON E BASE TO 2' BEHIND C & G TO M EET REQUI REMENTS OF CITY STANDARD SPECIFICATIO N 8 LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES MEET REQUIREMENTS OF CITY STANDA RD SPECIFICATION 8" LIME STABILIZED SUBGRAOE TO 2 ' BEHIND C&G BOTH SIDES 10 . THE YARD REQUIREMENT, AS DEPICTED, IS SUBJECT TO CHANGE AS THE ZONING MAY 025223 C RUSHED LIMESTON E FLEXIBLE BASE. CO MPACT OF STR EET AN D COMPACTED TO 95% STANDA RD PROCTOR DENSITY 025223 CRUSH ED LIM ESTONE FLEXIBLE BASE. COMPA CT OF STREET AND COMPACTED TO 95% STAN DARD PROCTOR DENSITY CHANGE. TO 95% MODIFIED PROCTOR DENSITY AT A WITHI N +/ - TWO PERCENTAGE POINTS OF OPTIMUM MOISTUR E. TO 95% MODIFI ED PROCTOR DENSITY AT A WITH IN +/- TWO PERCENTAGE POINTS OF OPTI MUM MOISTURE. MOISTU RE C ONTENT +/- 2 % OF OPTI MUM MOISTU RE LIME SHALL BE APPL IED AT THE RATE OF 34 LB/SY (TO BE MOISTURE CONTENT +/ - 2% OF OPTIMUM MOISTURE LIME SHALL BE A PPLIED AT THE RATE OF 34 LB/SY (TO BE 1 1. ALL DR IVEWAYS TO PUBLIC STREETS WITHIN THE SU BDIVISION SHALL CO NFORM TO ACCESS V ERI FIED THR OUGH GEOTECHNICAL TESTI NG) . 8" THICKN ESS VER IFIED THROUGH GEOTECHNICA L TESTING). B" THICKNESS MANAG EMENT STANDARDS OUTLINED IN ARTICLE 7 OF THE UOC. BENEATH C&G AND TO 2 ' BEHIND C& G BENEATH C&G AN D TO z ' BEHIND C &G 12. ALL DRIVEWAYS SHA LL BE PLACED ON THE SHORTE R WI DTH OF THE LOT (NO DRIV EWAY TY PICA L STR EET SECT I O N 6 0 ' R O W TYP I CAL S TR E ET SECTION 50 ' R O W SHA LL BE A LLOWE D ON THE LONGER WIDTH OF THE LOT) EXCEPT THIS DOES NOT A PPLY TO COMMERC IAL LOTS. NTS NTS 13. PUD DEVIATIONS: UDC REQUIRES A 50' EAST SIDE YAR D SETBAC K FOR BLOC K 1 , LOT 6 WHEREAS A 10 ' UE/YR PN D T \.10 REA SONA BLY MA TURE TREES ARE PROPOSED A S SHOIJN. UDC REQUIRES A 50' REAR YARD SETBACK FOR BLOCK 10, LOTS 1 - 35 W HER EAS A 20' R EAR YR AND T \.1 0 REASO NAELY MA TURE T REES EAC H O F THESE LO TS AR E PR OPOSED. BA SS & W ELSH ENG I N EER I NG TX SURVEY REG. NO I00027 -00, TX ENGINEERING REG . NO. F-52, 3054 S. ALAM EDA STR EET, CORP US CHRISTI, TEXA S 78404 PR EL IM INA R Y PLA T R O Y A L OA K FUTURE UN IT S PUD A 55. 235 A CR E TR ACT OF LA ND, M OR E DR LESS, A POR T ION OF SUR VEY 416, A . B. & M. CERT . 962, ABS. 838 AND BEING A PO RT ON OF A N 80 A C. TR ACT DESCR I B E D A S R A N D M ORG A N R OA D PROPER TY I N DEE D, DO C . N D . 2 00 10 0777 3, D . R . C O RP US C HR IS T I, NU EC ES CD . , T X OWN. PLOT SCALE: 1 " = 100' SCALE (H): SAM E SCA LE (V): NONE CO M . NO. PREL AS PREL JOB NO. 20027 CHK. DATE PLOTIED 1 1/5/20 SH EET _1_ OF 1 WARRANTY DEED THE STATE OF TEXAS COUNTY OF NUECES Doctt 2001007773 § § KNOW ALL MEN BY THESE PRESENTS : § THAT Mary Hutchins Triestman (hereinafter called "Grantor"), for and in consideration of the swn of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration paid to her by the Grantee named below, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY to The Mary Hutchins Triestman Limited Partnership, a New Jersey limited partnership, (together with its successors and assigns being hereinafter called "Grantee"), all of her interest in the following described property: (a) Land. The real property (the "Land") located in Nueces County, Texas, described in Schedule One attached hereto and made a part hereof for all purposes; together with (b) Rights and Appurtenances. The benefits, privileges, easements, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto, and any and all right, title and interest of Grantor in and to adjacent roads, and rights-of-way (herein collectively called the "Rights and Appurtenances"); and together with (c) Improvements. Grantor's right, title and interest in any improvements located on the Land (herein called the "Improvements"). The Land, Improvements, and Rights and Appurtenances are hereinafter collectively called the "Property". This conveyance is made and accepted, however, subject to the following (hereinafter collectively called the "Qualifications"): 148 132.3 --· -·-·1· ·-· 1----·- --- i--- --·-- ·--- - (1) Any and all restrictive covenants, easements, and mineral interests, if any, held or owned by others, relating to the Property, but only to the extent they are still in effect and are shown of record in Nueces County, Texas. (2) All zoning laws, platting laws or ordinances, environmental laws, and other ordinances and municipal and governmental regulations, relating to the Property. (3) The liens for all governmental assessments and ad valorem taxes for the year 2001 and all subsequent years; the payment of which are hereby assumed by Grantee. TO HAVE AND TO HOLD the Property unto Grantee forever; and I do hereby bind myself and my heirs, personal representatives, successors, and assigns, to warrant and forever defend all and singular the Property unto Grantee against every person whomsoever lawfully claiming or to claim the Property or any part thereof except as to the Qualifications, by, through or under Grantor, but not otherwise. Executed this J... day of U,2001. MafYHChins Triestman 148132.3 -·----···- ··r . - r --··· I This instrument was acknowledged before me on theday of Hutchins Triestman. / AFfER RECORDING RETURN TO: Richard L. Leshin The Kleberg Law Firm, P.C. 800 N. Shoreline Blvd., Suite 900 North Corpus Christi, Texas 78401 148132.3 GRANTEE'S ADDRESS: The Mary Hutchins Triestman Limited Partnership 1001 Wyandotte Trail Westfield, New Jersey 07090 T I - SCHEDULE ONE (1) Rand Morean Road Propertv. The property described as follows: Beginning at a stake in the center of a 40 foot road on the West line of Survey No. 416, at a point 724.2 varas North from the Southwest corner of said Survey No. 416 (said beginning point being the Northwest corner of Share No. 1, and the Southwest corner of Share No. 2, in the partition deed hereinafter referred to) for the beginning, and Southwest corner of this tract ; Thence North along the center of said road, 959 .61 varas to a point, for the Northwest corner of this tract; thence East 471 varas (to the East line of Share No. 2 hereinafter referred to) for the Northeast comer of this tract; Thence South 959.6 1 varas (to the Southeast corner of Share No. 2, and Southwest comer of Share No. 3 on the Northern boundary line of Share No. 1, hereinafter referred to), for the Southeast comer of this tract; Thence North 89° 56' west 471 varas to the place of beginning; Being eighty (80) acres off the South end of Share No. 2, as conveyed to George Frank, in a mutual partition of the foregoing and other lands, dated September 3rd, 1923, and filed for record in the Office of the County Clerk of Nueces County, Texas, on October 4th, 1923; being and situated in the County of Nueces, State of Texas, and being a parcel of Survey No. 416, patented by Patent No. 451, Vol. 37, to George Frank, (A.B. & M. Cert. No . 962, State Abstract No .838); Being the property conveyed by Deed from George 0. Frank and wife, Helen Frank, to W. S. Hutchins dated October 20, 1923; filed for record under Nueces County Clerks File No. 12043 and recorded in Volume 144, Page 73, et. Seq., in the Deed of Records of Nueces County, Texas. SAVE and EXCEPT the surface estate to a tract of land of approximately 10 acres of land, more or less, and to a tract of land of approximately 2 acres of land, more or less, both of which tracts were conveyed by Deed dated March 20, 1937, executed by W. S. Hutchins and wife, Katherine Hutchins, as grantors, to H. H. Howell , as grantee, recorded in Volume 228, Page 371 et seq. of the Deed Records of Nueces County, Texas (the "Deed to Howe/I"), but which Deed to H. H. Howell reserved to W. S. Hutchins and Katherine Hutchins all of the oil, gas, and other minerals in and to such 10 Acre Tract and such 2 Acre Tract; SAVE and EXCEPT the surface estate to a tract of land which measures approximately 52 feet by 210 feet which was conveyed by Deed dated April 29, 1960, executed by W. S. Hutchins and Katherine Hutchins, as grantors, to Harold C. Davis, as grantee ("the Davis Tract"), recorded in Volume 888, Page 295 of the Deed Records of Nueces County, Texas, but which Deed to 148132.3 I ···---- Harold C. Davis reserved to W. S. Hutchins and Katherine Hutchins all of the oil, gas, and other minerals in and to the Davis Tract. SAVE and EXCEPT the surface estate to a tract of land which measures approximately 210 feet by 430 feet (approximately 2.073 acres), which was conveyed by Deed dated January 21, 1964, executed by W.S. Hutchins and wife, Katherine Hutchins, as grantors to the City of Corpus Christi, recorded in Volume 1027, Page 584 of the Deed Records of Nueces County, Texas, but which Deed to the City of Corpus Christi, reserved to W.S. Hutchins and Katherine Hutchins all of the oil, gas, and other minerals in and to said tract. SAVE and EXCEPT the surface estate to a tract of land which measures approximately 260 feet by 466 feet, which was conveyed by Deed dated February 25, 1964, executed by W.S. Hutchins and wife, Katherine Hutchins, as grantors to Penton E. White and wife, Margaret White, recorded in Volume 1032, Page 259 of the Deed Records of Nueces County, Texas, but which Deed to Penton E. White and wife, Margaret White, reserved to W.S. Hutchins and Katherine Hutchins all of the oil, gas, and other minerals in and to said tract. SAVE and EXCEPT the surface estate to a tract of approximately 4 acres of land, which was conveyed by Deed dated July 16, 1968, executed by W.S. Hutchins and wife, Katherine Hutchins, as grantors to Melvin R. Vaughn and John L. Schneider, recorded in Volume 1283, Page 408 of the Deed Records of Nueces County, Texas, but which Deed to Melvin R. Vaughn and John L. Schneider, reserved to W.S. Hutchins and Katherine Hutchins all of the oil, gas, and other minerals in and to said tract. SAVE and EXCEPT the surface estate to a tract of approximately 2 acres of land, which was conveyed by Deed dated January 16, 1978, executed by Corpus Christi State National Bank, Trustee for Mary Katherine Hutchins, as grantor to Melvin R.Vaughn and John L. Schneider, recorded in Volume 1641, Page 807 of the Deed Records of Nueces County, Texas, but which Deed to Melvin R. Vaughn and John L. Schneider, reserved to Corpus Christi State National Bank, Trustee for Mary Katherine Hutchins all of the oil, gas, and other minerals in and to said tract. SAVE and EXCEPT all other conveyances and easements as shown of record in Nueces County, Texas. (2) Violet Road Property. The property described as follows: Being the southwest 108.5 acres of land out of a tract of 217 acres conveyed by C.C. Berryman and wife to Charles Heflebower and W. B. Myers, by deed ofrecord in Vol. 143, Pages 309 and 310, of the Deed Records of Nueces County, Texas, said 217 acre tract being composed of 179.4 acres out of the Gregorio Farias Original Grant, and 37.6 acres out of Survey No. 304, 148132.3 --- patented to McCampbell and Givens, Assignee of Fred Steubing and being inNueces County, Texas, and the part thereof hereby conveyed, being by metes and bounds described as follows: BEGINNING at the south comer of said Survey No. 304, a mesquite post marked X, same being on the east line of said Gregorio Farias Tract; Thence with said East line, South 10 deg. 23' West, 657 varas, to a stake for the Southeast comer of this tract, which bears 16 varas North , 10 deg.23' East, of an old post marked V, a comer of Survey No. 418; Thence North 53 deg. 14' West at 308.8 varas, past the Southeast comer of Fann Lot No. 12, continue with the Southwest line of said Farm Tract No. 12 at 1078.6 varas, the West comer of said Fann Tract No. 12, for the West comer of this tract, same being also the West comer of said 217 acre tract; Thence with the Northwest line of said 217-acre tract, 672.3 varas; Thence South 53 deg. 17' East 790.4 varas, to a point on the East side of said 217- acre tract; Thence South 44 deg. 57' East, 85.4 varas; to the place of beginning, and containing 108.5 acres of land; Being the property conveyed by Deed from Charles Heflebower and Jennie Heflebower to W. S. Hutchins and wife, Katherine Hutchins, dated October 1, 1934, filed for record under Nueces County Clerk's File No. 89766 and recorded in Volume 213, Page 38, et seq., in the Deed Records of Nueces County, Texas. SAVE and EXCEPT the tract of land of 1 acre, more or less, conveyed by Mary Hutchins Triestman et al to Juan Aguilar and Simon Carmen Aguilar by Deed recorded in Volume 1597, Page 169 et seq. of the Deed Records of Nueces County, Texas; SAVE and EXCEPT the surface estate (reserving the oil, gas, and other minerals) to two tracts of land of 1.404 and .031 acres, more or less, conveyed by Mrs. H. S. Stillwell, Trustee and William Hutchins, Trustee by Right-of-Way Deed dated February 1, 1952, to Nueces County, Texas, recorded in Volume 548, Page 3 et seq. of the Deed Records of Nueces County, Texas. SAVE and EXCEPT all other conveyances and easements as shown of record in Nueces County, Texas. (3) Clarkwood Road Property. The property described as follows: A portion of Fann Lots Nos. 26, 29 and 30 of the H.B. Sheppard Farm Lots, described by 148132.3 metes and bounds as follows: Beginning at a point in the center of a public road, the S.W. comer of land owned by John Sagarino and the N.W. comer of Farm Lot No. 30, for a comer of this tract; Thence with the fence on the South line of the Sagarino tract East 1104.5 feet, set an iron axle at an iron stake driven in the ground the original S.E. comer of the Sagarino tract and the N.E. comer of Farm Lot No. 30, for a comer of this tract; Thence with the fence on the West line of Farm Lot No. 35, S 1° 36' E 602.2 feet, set a Mesquite post 5.8 feet south of fence comer for S.W. comer of Farm Lot No. 35, and a comer of this tract; Thence with the South line of Fann Lot No. 35, East 697.2 feet, set an iron axle .5 feet South of the fence from the E.N.E. comer of this tract and the W.N.W. comer of a tract of 122.5 acres of land belonging to Bessie H. Elder, now Bessie H. Stillwell; Thence with the West line of Bessie H. Elder tract South 2567.7 feet to the North line of 122.5 acres of land belonging to Lura LaGasse, set an Iron Post for S.E. comer of this tract and the S.W. comer of Bessie H. Elder, tract; Thence with the North line of the Lura LaGasse tract West at 1795.5 feet set an iron pipe on East side of Public road, at 1818.5 feet to center of a public road for the N .W. comer of Lura LaGasse tract and the S.W. comer of this tract; Thence with the center of said public road North 3168.7 feet to the place of beginning; Being the property conveyed by Deed from Chessie Perkins and husband, L.G. Perkins, Bessie H. Stillwell (formerly Bessie H. Elder ) and husband, H. S. Stillwell, and Lura LaGasse to Katherine Hutchins dated October 3, 1929, filed for record under Nueces County Clerks File No. 60642 and recorded in Volume 192,Page 70, et seq., in the Deed Records of Nueces County, Texas, which deed is in correction of the former deed, dated May 31, 1928, executed by Annie K. Elder and the grantors in said correction deed, which former deed is recorded in Volume 179, Page 324 et seq. of the Deed Records of Nueces County, Texas; SAVE and EXCEPT the surface estate to a tract of land conveyed by Deed dated June 7, 1938, executed by W. S. Hutchins and wife, Katherine Hutchins, as grantors, to M . M. Roden and Nell Roden, as grantee ("Roden Tract"), recorded in Volume 228, Page 371 et seq. of the Deed Records of Nueces County, Texas, but which Deed to M. M. Roden and Nell Roden reserved to W. S. Hutchins and Katherine Hutchins all of the oil, gas, and other minerals in and to the Roden Tract out of the Clarkwood Road Property. SAVE and EXCEPT all other conveyances and easements as shown of record 148132.3 ·-·-···--i---- in Nueces County, Texas. (4) "Hutchins Ditch". The property described as follows: A tract ofland of 1 acre, more or less, in Nueces County, Texas, described as follows: One acre out of Survey Number 416, by virtue of Certificate 962, issued to AB. & M. Abstract 838, and number 500 by virtue of certificate 88, issued to Con. El Paso Irrigation and Manufacturing Company, Abstract 582, said one acre being off of the north side of the first and third tracts conveyed to the said Mrs. M. B. Mastin by T.H. Issensee and wife, Emma Issensee by their deed dated June 23, 1924, recorded in Volume 147, on Pages 365 to 367 thereof, of the Deed Records of Nueces County, Texas, reference being here made to the said Deed and record thereof for a better description of said first tract and said third tract. Said one acre tract being more particularly described as follows: Beginning at an iron stake, the Northeast Corner of the abovementioned third tract said beginning point being 1149.9 feet south 89° 56' East and 1231.7 feet North 0° 4' east from the Southwest corner of said Survey 500; Thence north 89° 56' west 2495.3 feet to an iron stake, the Northwest corner of said first tract conveyed in the abovementioned Deed; Thence South with the West line of said first tract 17.46 feet; Thence south 89° 56' east, 2495.3 feet to East line of said tract; Thence north 0° and 4' East with said East line of said third tract 17.46 feet to the place of beginning, containing one acre of land. Being the property conveyed by Deed dated May 28, 1928, executed by Mrs. M.B. Mastin, as Grantor, to W.S. Hutchins, as Grantee, filed for record under Nueces County Clerk's File No. 46859 and recorded in Volume 180, Page 147 et seq. of the Deed Records of Nueces County, Texas, but which Deed reserved to Mrs. M. B. Mastin all of the oil, gas, and other minerals in and to the I Acre Tract. SAVE and EXCEPT all other conveyances and easements as shown of record in Nueces County, Texas. (5) Nonparticipatini= Royalty Interest Reserved in the Deed Conveyin1 the Grei:ory Property to Du Pont. The nonparticipating royalty interest in lands in Nueces and San Patricio Counties, Texas Conveying the Gregory Property reserved in equal shares to (1) Katherine Ann Hutchins Johnson (the "Katherine Ann Hutchins Johnson Share of the Nonparticipating Royalty Interest Reserved in the Deed Conveying the Gregory Property to Du Pont"), (2) Mary Amelia Hutchins Egener (the "Mary Amelia Hutchins Egener Share of the Nonparticipating Royalty Interest Reserved in the Deed Conveying the Gregory Property to Du Pont"), and (3) to Corpus Christi State 148132.J ·-- ----1· ... cwm National Bank, as Guardian of the Estate of William Merritt Hutchins (the "William Merritt Hutchins Estate Share of the Nonparticipating Royalty Interest Reserved in the Deed Conveying the Gregory Property to Du Pont") in Deed dated June 15, 1971, filed for record under Nueces County Clerk's File No. 213278 and recorded in Volume 429, Page 148, et seq., of the Deed Records of Nueces County, Texas (the "Deed to Du Pont"), which Deed to Du Pont conveyed a tract ofland of approximately 336.47 acres, more or less (the "Gregory Property") situated in and a part of the T . T. Williamson Survey, A-290, San Patricio County, Texas, and Nueces Bay, Nueces County, Texas said 336.47 acre tract being comprised of the same land conveyed in two tracts by deed from W. S. Hutchins, et ux, to William Merritt Hutchins, Trustee, et al dated May 7, 1948, and recorded in Volume 156, page 121 et seq. in the Deed Records of San Patricio County, Texas, and a 27.28 acre tract of land situated in Corpus Christi Bay, Nueces County, Texas, described in a deed of mutual conveyance between the Nueces County Navigation District No. 1 and Mrs. H. S. Stillwell, Trustee, et al, dated April 9, 1952, and recorded in Volume 178, Page 295 et seq. of the Deed Records of San Patricio County, Texas. The Gregory Property was given by gift deeds dated May 7, 1948 by W. S. Hutchins and wife, Mary Katherine Hutchins conveying an undivided one-third interest each respectively to William Merritt Hutchins, Trustee for Katherine Ann Hutchins Johnson, to William Merritt Hutchins, Trustee for Mary Amelia Hutchins Egener, and Mrs.H. S. Stillwell, Trustee for William Merritt Hutchins, in equal undivided one-third shares, which deed to William Merritt Hutchins, Trustee for Katherine Ann Hutchins Johnson and for Mary Amelia Hutchins Egener is recorded in Volume 396, Page 33 et seq. of the Deed Records of Nueces County, Texas, and in Volume 156, Page 121 et seq. of the Deed Records of San Patricio County, Texas, and which deed to Mrs. H. S. Stillwell, Trustee is recorded in the Deed Records of Nueces County, Texas, and in Volume 156, Page 120 et seq. of the Deed Records of San Patricio County, Texas. l°6: qo1007773 D1te1 2127/2001 12:4 :42 P" Filed I Rtcordtd in Offici1l Records of llECES CtuITT ERMEST "·BRIOHES Cl£Rt( Fees $25.00 ArPj provision herl!f n which re$<;icts the Sm. Re nt al or use of Ille described REAL PROPEfllY bocause DI Race. Colot Rellglon, Sex. Han<lfcap, Familial Status or National Orioiii ; Invalid and unenforceable under FEDERAL LAW, 3J1V89 148132.3 ---· -· r - · l Mary Hutchins Triestman Partnership Rezoning for a Property at 1902 Rand Morgan Road From “FR” and “RS-6” To “CN-1” and “RS-4.5/PUD” Zoning Case #1120-01 N Planning Commission January 26, 2021 2 Aerial Overview N 3 Adjacent Development N 4 Zoning Pattern N 5 PUD Deviations Minimum Dimensions “RS-4.5” District Standards Proposed PUD Deviation Block 1, Lot 6 Buffer Yard Minimum Lot Width 50 feet and 50 points 10-foot side yard & 2 trees east side Yes Block 10, Lots 1-35 Buffer Yard Buffer Yard: “RS-4.5” and “IH”50 feet and 50 points 20-foot rear yard & 2 trees east side Yes Street Design Cul-de-sac Design Allowed with Technical Review Committee (TRC) Approval Allowed Yes 6 Master Site Plan N 7 Public Notification 70 Notices mailed inside 200’ buffer 6 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 Notified property owner’s land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Separate Opposed Owners: 0 8 Planning Commission and Staff Recommendation Approval of the “CN-1” Neighborhood Commercial District and the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development with conditions 9 UDC Requirements Buffer Yards: RS-4.5 to IH: Type E: 50’ & 50 pts. CN-1 to RS-4.5: Type B: 10’ & 10 pts. Setbacks: Street: 20 feet Side: 5 feet Rear: 50 feet (buffer yard) Parking: 2 per single-family home Landscaping, Screening, and Lighting Standards Uses Allowed: Townhouse, Multifamily, Cottage Housing, Group Living, Medical, Park, and Overnight Accommodations. 10 Utilities Water: 16-inch DIP Wastewater: 2.5-inch VCP Gas: 4-inch line Storm Water: N/A 11 PUD Conditions 1.Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Royal Oak Future Units Planned Unit Development (PUD) Guidelines. 2.Buffer Yard: The lots identified as Lots 1-35, Block 10 must have a buffer yard consisting of a minimum 20-foot rear yard setback, must have two trees per lot with a minimum of a 2.5 inch caliper, and a 7-foot solid wooden screening fence along the property line shared with the “IH” Heavy Industrial District. The lot identified as Lot 6, Block 1 must have a buffer yard consisting of a minimum 10- foot side yard setback, must have two trees with a minimum of a 2.5 inch caliper, and a 7-foot solid wooden screening fence along the property line shared with the “IH” Heavy Industrial District. 3.Other Requirements:The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 4.Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 12 PUD Conditions Buffer Yard: •Rear Setback: 20 feet •7-foot solid fence •2 trees per lot AGENDA MEMORANDUM Action Item for the City Council Meeting of January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works/Street Operations richardm5@cctexas.com (361) 826-3419 CAPTION: Motion awarding a professional services contract to Lockwood, Andrews & Newman, Inc., Corpus Christi, Texas, for the La Volla Creek Drainage Improvements, located in Council District 3, in an amount of $2,376,995.00, with FY 2021 funding available from the Stormwater Capital Improvement Program Fund. SUMMARY: This motion awards a professional services contract for the engineering design services supporting the La Volla Creek Drainage Improvements program. This project will include design, bid and construction-phase services for a stormwater detention pond and new box culverts crossing North Padre Island Drive at the Airport Tributary. BACKGROUND AND FINDINGS: In recent years, the La Volla Creek watershed has experienced frequent flooding during heavy rainfall events. Flooding occurred at La Volla Creek during May 2015, May 2016, June 2018, and September 2018. The most acutely affected area is the Las Colonias neighborhood. In 2018, the Federal Emergency Management Agency (FEMA) finalized new Flood Insurance Rate Maps (FIRM’s). Parts of the La Molina, Los Encinos and Las Colonias neighborhoods were shown to be significantly more impacted by the 100-year floodplain. The updated FIRM will trigger new flood insurance requirements creating hardships for those communities. In 2018, staff sought federal grants for a program to mitigate the FIRM map impacts as well as alleviating the flood risk in some historically flood-prone neighborhoods. In January 2019, Council passed a resolution authorizing the submission of grant applications to the FEMA Hazard Mitigation Grant Program (HMGP) and to the Housing and Urban Development (HUD) Community Professional Services Contract Award La Volla Creek Drainage Improvements Development Block Grant - Disaster Recovery (CDGB-DR) program to support the La Volla Creek project. The FEMA grants are administered through the Texas Department of Emergency Management (TDEM) and the CDBG-DR grants are administered through the Texas General Land Office (GLO). The City was awarded $7,234,755 from the CDBG-DR grant for design, land acquisition, and construction. The City was also awarded $163,244 from the HMGP grant for a Phase 1 environmental assessment and for design. TDEM will award the remaining grant funds in the amount of $4,355,256 prior to construction. The La Volla Creek Drainage Improvements program will consist of a 130-acre stormwater detention pond and new box culverts under North Padre Island Drive at the Airport Tributary #1. These two elements are interrelated and must both be executed in tandem. Conceptual costs for the construction of these two elements are approximately $21 million. This contract provides for design, bid and construction-phase services to support implementation of the La Volla Creek Drainage Improvements Program. Following is a more detailed description of the major scope elements: 1. 130-Acre Detention Pond. The scope of work for this project will include Hydrologic & Hydraulic Analysis (H&H) to document the impacts of the proposed project and verify that there will be no impact to downstream structures. This contract will entail providing technical and administrative services including environmental services, engineering design, permitting, engineering construction phase services, and other tasks related to support the program. The project design and construction shall comply with CDBG-DR grant requirements and policies. The detention pond must be designed and constructed within a three-year time frame. 2. Drainage Improvements at Airport Tributary #1. The scope of work for this project is to design drainage improvements at the North Padre Island Drive and Airport Tributary #1 in compliance with the approved HMGP and TxDOT requirements. This contract will entail providing technical and administrative services. The project scope includes project design, coordination, and approval by TxDOT, FEMA and local agencies. Tasks include preparation of construction drawings, H&H study, CLOMR/LOMR preparation, engineering reports per FEMA requirements, environmental permitting, State Historic Preservation Office consultation package and tracking, cost estimates, project schedules, and any other tasks related to the project. Phase II of the project includes submittals of the construction documents to FEMA prior to construction for evaluation, engineering construction phase services, preparing reports per public agencies and any other tasks related to the project. PROJECT TIMELINE: The La Volla Creek Drainage Improvements project must be completed within a two-year time frame. 2021 2022 2022-2023 January - December J F M A May - January Design Bid Construction Project schedule reflects City Council award for design in January 2021 with anticipated project completion in January 2023. COMPETITIVE SOLICITATION PROCESS: Lockwood, Andrews & Newman, Inc., was selected for the La Volla Creek Drainage Improvements project in May 2020 under RFQ No. 3073. Nine firms submitted under this RFQ. Lockwood, Andrews & Newman, Inc., was the highest ranked firm. Firms were ranked based on three factors: 1) experience of the firm, 2) experience of the key personnel with specific experience similar drainage projects, and 3) understanding of project scope. Lockwood, Andrews & Newman, Inc., has provided professional services for several City projects. Some of the projects are Major Ditch Improvements, Navigation and Kostoryz Value Engineering Studies, Stormwater Drainage Channel Improvements, and Greenwood WWTP System Improvements. ALTERNATIVES: Not awarding the contract for professional services to Lockwood, Andrews & Newman, Inc., will delay necessary improvements to the La Volla Creek. The area will continue to be impacted with flooding until another solution is identified. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $2,376,995.00 with funding available from the Stormwater Capital Improvement Program Fund. FUNDING DETAIL: Fund: Storm Water (Fund 4532) Mission Elem: Storm Water System (ME 043) Project No.: La Volla Creek (Project# E10200) Account: Outside Consultants (Account #550950) Activity: E10200-A-4532-EXP Amount: $2,376,995.00 RECOMMENDATION: Staff recommends approval of the professional services amendment contract with Lockwood, Andrews & Newman, Inc., in the amount of $2,376,995.00 for the La Volla Creek Drainage Improvements project. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract 37 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LA VOLLA CREEK DRAINAGE IMPROVEMENTS VICINITY MAP NOT TO SCALE PROJECT NUMBER: E10200 LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LA VOLLA CREEK DRAINAGE IMPROVEMENTS AERIAL MAP NOT TO SCALE PROJECT NUMBER: E10200 PROJECT LOCATION PROJECT LOCATION 35 8 GA V I L A N S T .286HO L L Y R D . SIL V E R B E R R Y D R .GREENWOOD DR.W POINT RD.COLUMBIA ST.TR O J A N D R .AYERS ST. Contract for Professional Services Page 1 of 12 Revised February 2020 SERVICE AGREEMENT NO. 3073 CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E10100- LA VOLLA CREEK DRAINAGE IMPROVEMENTS PROJECT 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 Lockwood, Andrews & Newnam, Inc. 500 N Shoreline Suite 905 Corpus Christi, Texas 78401(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 12 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’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. 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 12 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 $2,376,995.00. 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. Contract for Professional Services Page 4 of 12 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 12 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 court costs, to the Contract for Professional Services Page 6 of 12 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 Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. Contract for Professional Services Page 7 of 12 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. 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. 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 12 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 12 Revised February 2020 remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar 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 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 Contract for Professional Services Page 10 of 12 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 12 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. 13.15 Federal Funding Requirements. This project is subject to requirements provided for the Federal Emergency Management Agency (FEMA), Housing and Urban Development (HUD) and/or other federal agencies. A set of Federal Requirements has been attached as EXHIBIT E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Consultant must comply with Exhibit E while performing the Services. The Consultant will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, HUD or their designees may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subconsultant or lower tier subconsultant with all the contract clauses. CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM ____________________________________ _____________________________________ Michael Rodriguez Date Scott M Harris, P.E. Date Chief of Staff 500 N Shoreline Suite 905 Corpus Christi, TX 78401 (361) 792-7225 Office smharris@lan-inc.com Contract for Professional Services Page 12 of 12 Revised February 2020 APPROVED AS TO LEGAL FORM: ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date __________________Authorized By Council ______________________ 500 N. Shoreline Blvd. Ste. 500 • Corpus Christi, Texas 78401 • 361.882.2257 • www.lan-inc.com November 3, 2020 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO BOX 9277 Corpus Christi, Texas 78469-9277 Re: Revised Proposal for LaVolla Creek Drainage Improvements Dear Mr. Edmonds , Based on discussions with the City of Corpus Christi on October 20, 2020, LAN is submitting this revised proposal for engineering services for the La Volla Creek Drainage Improvements projects. Attached is a revised scope of services and summary of fees. Revised Professional Engineering Service Fee’s We propose to complete professional services for Package A for a lump sum fee not-to-exceed of $1,309,482.00. We propose to complete professional services for Package B for a lump sum fee not -to-exceed $1,067,513. Total contract value of $2,376,995.00. Please feel free to contact me at 361-792-7225 or by email at SMHarris @lan-inc.com, if you have any additional questions. Sincerely, Scott M Harris , PE Associate, Regional Manager Cc: Ratna Pottumuthu, P.E. Asst Director Engineering Services Thomas Klein, P.E. Project Manager Sincerely, Scott Harris, PE Associate, Regional Manager Sincerely, Scott Harris, PE Regional Manager / Team Leader Sincerely, Scott M Harris, PE Associate, Regional Manager Sincerely, Scott M Harris, PE Associate, Regional Manager Sincerely, Scott M Harris, PE Associate, Regional Manager EXHIBIT A PAGE 1 OF 36 La Volla Creek Drainage Improvements Introduction Historically, during heavy rainfall events, there has been extreme flooding conditions within the La Volla Creek watershed, including downstream from Oso Creek. Flooding has occurred in these areas recently during events in May 2010, May 2015, May 2016, June 2018, and September 2018. The City of Corpus Christi has performed various drainage studies to identify and better understand the causes of the flooding and what improvements can be made to La Volla Creek and the ditches flowing into La Volla Creek to improve overall flow, enhance channel capacity, and in turn reduce flooding. The se proposed projects address these project goals based on the best data available to the City. La Volla Creek Drainage Improvements Project Area EXHIBIT A PAGE 2 OF 36 In addition to previous drainage studies, LAN completed work under the Major Ditch Improvements IDIQ (E12191) to analyze the La Volla Creek Drainage Basin and develop capital improvement projects that would reduce flooding and improve drainage and water quality in the basin. The results of this analysis provided recommendations for several projects , including a new detention pond facility near the confluence of Airport Tributa ry #1 and La Volla Creek and culvert improvements at Airport Tributary #1 and South Padre Island Drive. In 2019, the City of Corpus Christi applied for and received two grants : Project A A proposed new detention pond including improvements to the adjacent tributary south of Holly Road. The project is being partially funded by the Housing Urban Development (HUD) Community Development Block Grant Disaster Recovery (CDBG -DR) program, administered in Texas through the General Land Office (GLO). This project will design and construct a dry detention reservoir and dam along La Volla Creek. The reservoir will be constructed near the confluence of La Volla Creek and Airport Tributary No. 1 . The exact site will be confirmed as part of a separate cont ract to study pond alternatives (see Major Ditch Improvements Task Order #3, below). The reservoir will intercept flows from Airport Tributary No. 1 and La Volla Creek, thereby reducing downstream flows in La Volla Creek to the confluence with Oso Creek. The project could encompass up to a 130-acre footprint. Property acquisition will be required for this project. The project will also require coordination, review, and approval of the Texas Commission of Environmental Quality (TCEQ) Dam Safety office because the proposed facility appears to meet the criteria for an Intermediate, High-Hazard facility. All activities shall be completed within the timeframe set in the Grant acceptance letters and the project must comply with HUD / CDBG-DR Program rules, policies, and procedures. Project B Improvements to Airport Tributary #1, including up-sizing the culverts at South Padre Island Drive, are being partially funded by the FEMA Hazard Mitigation Grant Program (HMGP) for Hurricane Harvey. This project will provide for the addition of new culverts at the intersection of South Padre Island Drive (SH 358) and Airport Tributary Number 1. The grant application recommended the addition of four 12’ x 7’ box culverts . Additional hydraulic modeling will be performed to determine if improvements upstream and downstream of the crossing could reduce the size of the improvements and reduce the water surface elevations to provide a level of protection within the banks for the 100-year event. The existing three 9’ x 7’ box culverts will remain in place with the added culverts on each side of the existing cross ing. C hannel modifications will be required for the additional culverts ; which may affect Columbia Parkway, adjacent AEP utilities , and existing TXDOT infrastructure. Channel modifications may result in the need for property acquisition or additional util ity easements. All activities shall be completed within the timeframe set in the Grant acceptance letters and the project must comply with FEMA / HMGP Program rules, policies, and procedures. EXHIBIT A PAGE 3 OF 36 Major Ditch Improvements – Task Order #3 In support of Projects A and B above, LAN is currently authorized to analyze detention pond site alternatives and perform hydrologic and hydraulic modeling to optimize the channel improvements. The goal of this Task Order is provide the City with up to three site alternatives for construction of the pond (Project A), including the 130 acre site previously scoped. A secondary goal is to assess improvements on Airport Tributary #1 that could potentially reduce the size of the proposed culvert cross at SPID (Project B). Project A: Proposed Detention Pond* *(subject to change) EXHIBIT A PAGE 4 OF 36 Project B: Drainage / Culvert Improvements Attachments: A – Package A - Detention Pond Scope of Services B – Package B – Airport Tributary #1 Drainage Improvements C – Summary of Fee’s and Estimates D – Project Schedules EXHIBIT A PAGE 5 OF 36 Attachment A Scope of Services La Volla Creek Drainage Improvements Package A - Detention Pond Scope of Services To achieve the goals of the CDBG-DR Grant Program and reduce flooding in the La Volla Creek basin, LAN will complete the professional engineering services listed for a new detention pond located near the confluence of La Volla Creek and Airport Tributary 1. This project will be completed in conjunction with drainage improvements on Airport Tributary 1 north of Holly Road and at South Padre Island Drive using FEMA HMGP grant funds (separate authorization). Preliminary Phase Services shall include a 30% project design, initiation of local/state/federal permitting, property acquisition, submittal to the City, and grant coordination. Tasks include preparation of construction drawings, H&H study, engineering reports, environmental permit under the Clean Water Act with USACE, State Historic Preservation Office (SHPO) consultation, cost estimates, and design / construction schedules. Pond Sizing & Grading : The flood control structure proposed in the Major Ditches IDIQ is approximately 132 acres with a maximum storage capacity of roughly 1,200 acre -feet of stormwater. Task Order #3 (separate contract) will confirm the location and size of the pond. The pond will remain dry except during periods of heavy rainfall runoff. Preliminary plans are to excavate the site with a maximum depth of excavation of 15 feet to create the body of the reservoir. The floor of the pond will be graded to drain to one of several low flow channels draining to the proposed outlet structure at La Volla Creek. The preliminary design will be finalized through additional hydrologic and hydraulic modeling and design and documented in the 30% Basis of Design report. Pond Structures Design: The proposed pond will be connected to La Volla Creek and Airport Tributary No. 1 by an inlet control structure along each waterway. The inlet structures will be designed to intercept excess runoff via a step pool design to dissipate energy to provide a stable elevation transition for detention storage in the pond. The principal spillway will be in the south corner of the pond discharging to La Volla Creek. Current improvement concepts include maintaining the reservoir in a dry condition, with no wat er impounded during normal conditions. The design of inlet and outlet structures will be finalized with detailed hydrologic and hydraulic modeling . Alternative configurations of the outlet structure will be analyzed to control dam breach conditions and potential backflow or tailwater issues from downstream creek flood levels. Due to the stored volume and presence of residential structures and roadway crossings in the Effective floodplain downstream of the proposed pond, the berm has been preliminarily ass umed to be an intermediate, high hazard dam as defined in 30TAC Chapter 299.1(a)(2). The structure design will be developed in accordance with TCEQ Dam Safety requirements and will be confirmed and approved through the TCEQ Dam Safety Office prior to 60% design. EXHIBIT A PAGE 6 OF 36 Embankment Design: Impoundment will be achieved by the construction of an earth-fill embankment on the south side of the site. The maximum embankment height has been preliminarily sized as approximately +19 feet. Slopes on the embankment are anticipated to be 1 vertical to 4 horizontal (1:4). Preliminary estimates assume that the in-situ soils will be suitable for use in the construction of the berm. These assumptions will be finalized with the Geotechnical Report during the 30% design of the project. The embankment design will be developed in accordance with TCEQ Dam Safety requirements and will be confirmed and approved through the TCEQ Dam Safety Office prior to 60% design. Pond and Channel Natural Design: Preliminary design calls for over 2,000-feet of a low-flow channel to be constructed from the inlet structures through the pond floor to the outlet structure. The design calls for a type of riparian corridor to convey flows using Natural Channel Design (NCD) techniques. The benefits of this approach are a stable channel which mimics the natural system to avoid the need for longer term maintenance of erosion or vegetation. A mixture of native grasses will be seeded into the pond to create a limited maintenance pond. Such an approach aides in the creation of aquatic habitat and facilitation of urban stream flows as outlined in the City’s Municipal Separate Storm Sewer System (MS4) Storm Water Management Plan (SWMP) and its participation in the Oso Creek Wate rshed Protection Plan (WPP). Channel Erosion Control and Stability: Significant rainfall events will likely result in backwater against the downstream slope and toe of the embankment. It is also anticipated water will flow along the downstream slope and toe of embankments which will be located just above the bank of La Volla Creek and within the regulatory floodplains of the creek and Airport Tributary No. 1. Additionally, the inlet structures will, by necessity, be constructed below the top-of-bank in both waterways. The designs of all structures impacting adjacent and downstream channels will require implementation of temporary and permanent erosion control measures to protect the stability of the waterways and structures. Erosion control measures will also be designed in accordance with any required TCEQ and/or environmental permitting requirements. Pond Related Trail Design: The grant funding for this project does not specify the design of trails and related appurtenances. However, the nature of the project and the proposed natural design aspects lends itself well to future implementation of such by the City. The proposed design and grading of the proposed pond, channel and structures will include a schematic layout of trail placement (for future consideration and use by the City) around the top of berm, cross the pond, and potential connections to adjacent neighborhoods. Package A Basic Services Basic Services will consist of all efforts required to complete planning, and design of the project contract plans, specifications, and detailed construction costs estimate. Basic services also include all limited construction phase services through comple tion, and acceptance of the constructed facility. Task 100 – Project Management Task 101 – 30% Basis of Design Task 102 – 60% Detailed Design Task 103 – Final Design Task 104 – Bid Phase Services Task 105 – Limited Construction Phase Services EXHIBIT A PAGE 7 OF 36 Task 100 – Project Management Services Project Management services includes all meetings, workshops, client and stakeholder engagement , and overall management of the project from Notice to Proceed to delivery of Package A for procurement. Sub- tasks include: 1.C lient Meetings & Communications a.Kickoff Meeting – LAN will conduct one (1) kick off meeting with the client to discuss the client's vision for the project, scope of work, schedule, budget, change management plan, and deliverables. b.Periodic Site Visits – two (2) site visits will be budgeted during the project. Site Visits will take 1-2 hours and be attended by 2-3 engineers or field personnel. The purpose of the site visits is to assess and evaluate existing conditions of the project site. c.Project Reporting (Monthly) – LAN will prepare up to thirty-six (36) monthly project status reports describing work completed, work to be performed, schedule, changes, and deliverables. d.Design Concept Review Workshop – LAN will complete one (1) DCR workshop with the City of Corpus Christi staff including Engineering Services, Floodplain Manager, Public Works, and Stormwater. This review will be completed within the first 90 days of the project for the purposes of reviewing the concept of design, discussing project fatal flaws and specific constraints and limitations, and developing a unified approach with the client in order to get the project completed on schedule. LAN will provide agenda, presentation, and meeting minutes. 2.Stakeholder & Third-Party Utility Meetings In addition to the meetings with the client, it will be necessary for LAN to meet with several different stakeholders and third-party utilities who have interest in the project. LAN will coordinate these meetings, provide meet ing notes and minutes, and discuss the outcomes of these meeting with the client. LAN assumes up to two meetings with each the following stakeholders along with preparation time: •US Army Corps of Engineers (USACE) •Texas General Land Office (GLO) •Texas State Historic Preservation Office (SHPO) Task 101 – Preliminary Phase Services / 30% Basis of Design This task provides for the basis of the design for the detention pond, including all analysis, investigations, modeling, calculations, and production of documents (30% plans) required for permitting. Sub-Tasks include: 1.Coordination with Surveyor LAN will coordinate the services of a third-party surveyor to complete the scope of work detailed in Additional Services. LAN will receive the surveyor's data, interpret results, perform a quality control review of this data, and incorporate the data into the 30% construction plans. EXHIBIT A PAGE 8 OF 36 Since the site of the detention pond is not confirmed at the time of this contract, coordination efforts with the surveyor may vary and may require additional time and resources to confirm survey area’s and boundaries. 2.Coordination with Geotechnical Engineer LAN will coordinate the services of a third-party geotechnical engineer to complete the scope of work detailed in Additional Services Task 201. LAN will develop a boring plan/location map for the engineer showing locations for recommended soil borings, receive the engineers report, interpret results, perform a quality control review of this report, and incorporate the information from the report into the Basis of Design. LAN will also prepare a scope of work for field ex ploration, laboratory and materials testing for the geotechnical engineer. 3.Detention Pond Design LAN will complete preliminary engineering design of the detention pond and berm proposed grading, including excavation and embankment. The pond bottom will be designed to drain to internal low flow channels and remain dry in conditions other than storm events. The berm embankment will be designed utilizing materials as directed by the completed report and consultation with the Geotechnical subconsultant. Berm design parameters and construction methods will follow City of Corpus Christi and TCEQ Dam Safety guidelines and requirements. The pond and berm will be designed and include provisions for long -term maintenance and access. LAN will prepare 30% site drawings, cross -sections and details for the proposed facility. 4.Design of Spillway, Inlet & Outlet Structures LAN will complete engineering design of the dam structures as modeled in the design H&H modeling described above. The inlet structure for each waterway is proposed to intercept high- level runoff and divert flow into the detention pond through a spillway that will not impact base or low-level runoff within the stream or channel. Each inlet is proposed as a step -down spillway into the pond and ma y include a stilling basin to dissipate energy and reduce erosion potential. LAN will prepare 30% site drawings, cross -sections and details for each proposed inlet. The outlet structure and spillway have been preliminarily sized as a concrete box culvert with a concrete emergency overflow spillway discharging to La Volla Creek near the intersection of the creek and Airport Tributary No. 1. Basis of Design hydraulic modeling will evaluate 1 to 2 other configuration of structure/spillway design including a stepped trapezoidal full-depth spillway. The design configuration proposed will be that providing the best attenuation of flow in the pond and protection from dam breach for dam safety. LAN will prepare 30% site drawings, cross -sections and details for t he proposed outlet structure(s ). 5.Tributary 1 and La Volla Creek Erosion Control and Slope Stability Erosion control and streambank slope stability are important measures to be incorporated into the design where the proposed berm lies along the upper banks and within the floodplain of LaVolla Creek and Airport Tributary No. 1. They are also critical fact or in the design of the proposed inlet and outlet control structures. LAN will complete engineering design of 30% site plans , details, and construction specifications that will include the delineation of temporary and permanent control measures and practices to minimize erosion and protect slope stability. EXHIBIT A PAGE 9 OF 36 6.Natural Channel & Pond Design LAN will complete engineering design of approximately 2,000 feet of low-flow channels within the pond. There are proposed channels from each of the inlet structures and from the northwest corner of the pond that will converge and discharge pond flow through the outlet structure. The channels will be construct ed using Natural Channel Design (NCD) techniques to create a riparian corridor through the bottom of the pond. Native vegetation plantings along the channels will be proposed with consultation from the environmental subconsultant to reflect nearby natural streams and withstand periodic inundation. A mixture of native grasses will be seeded into the pond floor and berm to create a limited maintenance facility and more natural habitat. LAN will complete engineering design of 30% site plans, details, and construction specifications that will include landscape requirements. 7.Detention Pond Trails, Access Improvements, and Amenities LAN will complete preliminary schematic design of the future location and alignment of trails and associated appurtenances including bridge crossings and educational opportunities. A schematic site plan with cross -sections and other details will be included with the 30% design basis report for City review and direction. 8.Opinions of Probable Construction Costs Based on the 30% desig n, LAN will develop opinions of probable construction costs for each major component of the improvements along Airport Tributary 1, La Volla Creek and the proposed detention pond and embankments . 9.Draft Basis of Design Report LAN will complete a Draft Basis of Design Report that includes the results of the preliminary engineering designs, analyses, hydrologic and hydraulic calculations, structural design requirements including interpretation of testing results provided by testi ng laboratory, construction phasing & bypassing requirements, and selection/sizing of pond and related improvements. 10.Draft 30% Construction Plans A draft submission will be made at the 30% design stage for client review, comment, and permitting agency review/comment. All comments received will be tracked and addressed by the design team and necessary revisions will be included in the Contract Documents. The anticipated drawing list includes the following: •Title Sheet •Orientation & Key Plan •Site Plans •Preliminary Grading Plans & Notes •Embankment Berm Sections, Details, & Notes •Pond Structures Plans, Sections, Details, & Notes •Confluence Plan & Profile •Creek Plan & Profile EXHIBIT A PAGE 10 OF 36 11.Client Review Meeting LAN will participate in one (1) review meeting with the client and prepare meeting minutes for this meeting. This meeting is separate from the Design Concept Review Workshop in Task 100 and is for the purposes of reviewing the 30% project deliverables a nd receiving comments from the client. 12.Final Basis of Design / Permitting Package LAN will receive review comments from the client and incorporate those into the Final Basis of Design Report. Comments received on the 30% construction plans will be incorp orated into the 60% deliverable. Task 101 (30%) Deliverables: •Meeting Minutes •Draft and Final Basis of Design Reports •30% Opinion of Probable Costs •30% Construction Plans The 30% deliverables will include one (1) hard copy, one (1) PDF set of deliverables on a thumb drive, and a Microsoft One-Drive link to all documents, sent to the clients’ designated Project Manager. Task 102 – 60% Detailed Design This task provides for the production of detailed construction plans, specifications, and contract documents for the detention pond. Sub-Tasks include: 1.Technical Drawings LAN will advance the technical drawings, specifications, opinion of costs, and contract documents to the 60% design stage for client review and comment. All 30% comments received will be tracked and addressed by the design team and necessary revisions will be included in the Contract Documents. The anticipated drawing list includes the following: •Title Sheet •Index •Legend •General Notes •Orientation & Key Plan •Topographic Survey / Existing Site Plan •Construction Sequence/Phasing •Summary of Quantities •Drainage Area Map •Hydrologic Summary •Hydraulic Summary •Site Plans •Grading Plans EXHIBIT A PAGE 11 OF 36 •Embankment Berm Sections, Details, & Notes •Pond Structures Plans, Sections, Details, & Notes •Existing Utilities Map / Conflicts •Airport Tributary No. 1 Confluence Plan & Profile •La Volla Creek Plan & Profile •Erosion/Streambank Stabilization Details & Notes •Landscaping Plan and Details •SWPPP •Erosion Control Plans •Erosion Control Details 2.Technical Specifications The project team will prepare a technical specifications document that defines the project standards for materials, workmanship, and testing. A list of technical specifications will be made at the 60% design stage for client review and comment. All comments received will be tracked and addressed by the design team and necessary revisions will be included in the Contract Documents. 3.Contract Documents LAN will prepare the following Draft Contract Documents (DIV 00, DIV 01) in City of Corpus Christi standard format for client review and comment: •Bid Form •Agreement •Supplementary Conditions •Summary of Work •Alternates and Allowances •Measurement and Payment •Submittal Register •Special Procedures •Temporary Facilities and Controls 4.Update Opinion of Probable Costs The project team will update the engineer’s opinion of probable construction costs delivered in the preliminary task for the work presented in the drawing set. The estimate will include a ll work to be performed and broken down by discipline. 5.Client Review Meeting LAN will participate in one (1) 60% submittal review meeting with the client and prepare meeting minutes for this meeting. LAN will receive review comments from the client and incorporate those into the 90% documents. Task 102 (60%) Deliverables: •Updated Opinion of Probable Costs •60% Plans EXHIBIT A PAGE 12 OF 36 •List of Technical Specifications •Draft Contract Documents, including Bid Form The 60% deliverables will include one (1) hard copy, one (1) PDF set of deliverables on a thumb drive, and a Microsoft One-Drive link to all documents, sent to the clients designated Project Manager. Task 103 – Final Design Following client review and comment, this task will finalize the construction plans, specifications, and contract documents for the 130-acre detention pond and provide for an Issued for Bid set of deliverables for the client to begin contractor procurement . Sub-Tasks include: 1.Final Des ign Documents LAN will advance the technical drawings, specifications, opinion of costs, and contract documents to the 100% design stage for client review and comment. All 60% comments received will be tracked and addressed by the design team and necessa ry revisions will be included in the Contract Documents. 2.Client Review Meeting LAN will participate in one (1) final submittal review meeting with the client and prepare meeting minutes for this meeting. LAN will receive review comments from the client and incorporate those into the Final Issued for Bid (IFB) documents. 3.Prepare Issued for Bid Documents (Package A) LAN will incorporate all review comments and prepare one (1) set of Issued for Bid (IFB) construction documents per City of Corpus Christi Standards. The set will include one (1) hard copy, one (1) PDF set of deliverables on a thumb drive, and a Microsoft One -Drive link to all documents, sent to the clients designated Project Manager. Task 103 Issued for Bid (IFB) Deliverables: •Opinion of Probable Costs •Issued for Bid Plans •Issued for Bid Project Manual / Contract Documents •Final Bid Form •CIVCAST Form (Excel) Task 104 – Bid Phase / Procurement Services LAN will assist the client with limited bid and procurement phase services . Sub-Tasks include: 1.Pre-Bid Meeting LAN will attend one (1) Pre-Bid meeting with the client to present the project to potential qualified contractors. EXHIBIT A PAGE 13 OF 36 2.Respond to Requests for Information (RFI’s) LAN will monitor CIVCAST during the City’s standard two-week question and answer period and respond to routine questions as necessary via email to the City Project Manager. Answers to RFI’s are intended to clarify plans, specifications, or design criteria and not make significant changes to the design of the project. 3.Contract Addenda Significant revisions to the plans or specifications during procurement will be issued through addenda prior to submittal of proposals. LAN will prepare one (1) contract addenda, if required. Task 104 Deliverables: •Contract Addenda (PDF) Task 105 – Limited Construction Phase Services LAN will assist the client with limited construction phase services . We assume the duration of construction for Package A –Detention Pond, to be 80 weeks or approximately 20 months. A more detailed timeframe for construction will be developed following the 30% design. Sub-Tasks include: 1.Conformed Construction Documents LAN will prepare one (1) set of conformed construction documents for the client prior to start of construction. 2.Pre-Construction Meeting Once a qualified contractor is selected and under contract with the client, LAN will participate in one (1) pre-construction meeting with the selected contractor to review the project, specifications, and requirements during construction. 3.Respond to C ontractor Requests for Information During the course of construction (20 months), LAN will respond to contractor requests for information. LAN assumes a total of ten (10) formal requests for information (RFI) as part of this task. LAN considers a “formal” RFI as one that takes more than one working day to provide an answer. 4.Review and Approve Submittals LAN will review and approve contract or submittals as required in the contract bid documents. LAN assumes up to a total of fifteen (15) contractor submittals as part of this task. 5.Limited Construction Observations LAN will provide limited construction observations of the project , necessary to answer RFI’s. Assume one hour (1) weekly for a duration of eighty (80) weeks . This scope of work does not include a Resident Project Representative (RPR) or full-time construction inspector on the project. EXHIBIT A PAGE 14 OF 36 6.Substantial & Final Completion Inspe ctions LAN will complete one (1) substantial completion inspection with the contractor and client and develop a punch list of items for the contractor to address prior to final completion. Once punch list is complete, LAN will perform one (1) final inspec tion of the project. 7.Prepare Record Drawings LAN will prepare one (1) set (hardcopy and PDF) of record drawings for the client using the contractors mark-ups/redlines during construction. No additional survey or data collection will be performed as part of this task. Task 105 Deliverables: •Submittals / Submittal Log •Record Drawings Package A - Additional Services The following additional services will be necessary to support the development and completion of the Basic Service above: Task 201 – Geotechnical Engineering Task 202 - Survey Services Task 203 – Utilities Coordination / Subsurface Utilities Engineering Task 204 - TCEQ Dam Safety Services Task 205 – Environmental Services Task 206 – Public Involvement Task 207 - Real Es tate (Appraisals & Abstracts) Task 208 – Grant Administration / Management Task 201 – Geotechnical Engineering Geotechnical engineering will be performed by Terracon, Inc.. (See attached proposal). Terracon’s primary tasks are paraphrased below: 1.Preliminary Geotechnical Assessment This task will be performed as a way to evaluate the overall feasibility of the project from the geotechnical perspective. It will allow us to determine the consistency of the site geology and expose the potential challenges with regards to subsurface conditions, soil material properties, potential seepage zones and groundwater conditions. At the end of this sub-task, the team will be able to develop a specific exploration and analysis program to target the encountered site challenges for use in final design. 2.Well Pad Evaluation An existing oil and gas well has been identified within the project area. Terracon will research and evaluate the well construction, completion, plugging and abandoning data of a gas well identified on the subject property reviewing on-line and published resources of the Railroad Commission of Texas. Terracon will prepare a tec hnical memorandum summarizing the findings of the evaluation of the gas well data research and on-site observations . EXHIBIT A PAGE 15 OF 36 3.Detailed Geotechnical Assessment & Dam Design Terracon will support LAN with the Detention Pond dam/impoundment design by complet ing additional soil borings, slope stability analyses and seepage analyses under various conditions ; Terracon will calculate ultimate settlement of embankment and foundation soils , determine suitability of excavated materials for use as embankment fill , and utilize results of the laboratory analysis and calculations performed to provide a final geotechnical report summarizing the work performed, findings, and recommendations to client . Terracon will contribute to the Basis of Design Report regarding the cross section of the proposed embankment and the specifications for its construction and maintenance , and provide design support for embankment typical sections, spillway armoring, energy dissipation, and construction details to include erosion and scour protection on the faces of the embankment. 4.Concrete Drainage Channel Geotechnical Assessment Terracon will support LAN’s design of channel modifications necessary to provide an inlet structure from the channel into the detention pond by completing soil borings and analyses for that proposed structure. Task 202 – Survey Services Survey s ervices will be performed by Binkley & Barfield, Inc. (see attached proposal). Scope of work is paraphrased below: 1.Right-of-Entry Coordination Surveyor shall perform necessary research to secure ownership records and property deeds within the project phase limits, immediately adjoining the La Volla Creek channel. Research shall include pertinent record documents for subject tracts and adjoining tracts, subdivision plats, ownership deeds for un-platted adjoining properties, and intersecting or crossing roadways. 2.Geodetic Control Survey Surveyor shall set horizontal and vertical primary control poi nts using a 5/8” rebar 18 inches long with cap marked “BASELINE CONTROL”. These points shall be used as the primary horizontal and vertical control for the project and shall serve as the temporary benchmarks (TBM’s) for the project. Horizontal and vertical data for primary control shall be based on redundant RTK GNSS observations and digital differential levelling. Secondary control points shall be set as necessary for conventional ground surveying. Survey Control Index Sheets shall be prepare d showing all project control for the PS&E plan set. 3.Topographic Design Survey Surveyor shall perform a Topographic Design Survey within the Project limits. The Survey shall provide existing topographic conditions of approximately 2,500 LF of concrete drainage channel, 1,600 LF of earthen drainage channel, and adjoining road right -of-way. The Survey shall include approximately 240 acres which shall contain a 130 -acre detention area within the Lands Greenwood property located near the confluenc e of La Volla Creek and Airport Tributary Number 1, based on a 50’ cross section intervals. The Survey shall also include approximately 8,000 LF of EXHIBIT A PAGE 16 OF 36 the La Volla Creek channel extending from Saratoga Boulevard north and west through the Enterprise Channel located at the rear of the Lands Greenwood property. The Survey shall also include intersecting side streets extending out 50’ in each direction to include storm sewer curb inlets, Calle Cuernavaca right-of-way, Los Robles Street right-of-way and Saratoga Boulevard right- of-way, extending out 600’ to the east and 1400’ to the west. The survey shall be performed on the ground utilizing a combination LiDAR with traditional field observation methods to locate found visible features, both horizontall y and vertically, including existing on-site structures, drainage features, adjacent and onsite sidewalks, curb lines, pavement, fences and visible above -ground utility appurtenances and associated flowlines (if applicable to manholes and dra inage structures). 4.Boundary / ROW Survey Surveyor shall perform a Boundary Survey of the project limits to include the La Volla Creek channel, Calle Cuernavaca right -of-way, Los Robles Street right -of-way and Saratoga Boulevard right-of-way and properties immediately adjoining the La Volla Creek channel. Surveyor shall prepare an Abstract Map and perform property research to locate found subject property and adjoining property corner monumentation along rights -of-way and intersecting property lines. Task 203 – Utilities Coordination Services / Subsurface Utilities Engineering Utilities coordination and s ubsurface utility engineering will be performed by Binkley & Barfield, Inc. (see attached proposal). Scope of work is paraphrased below: 1.Utilities Coordination Utility Coordination will include the identification of utility conflicts, coordination, compliance with TxDOT’s Utility Accommodation Rules (UAR) the City of Corpus Christi, and resolution of utility conflicts. The Coordinator shall coordinate all activities with the (CLIENT, LAN) to facilitate the orderly progress and timely completion of LAN’s design phase. 2.Subsurface Utility Engineering Services (SUE) BBI will provide Subsurface Utility Engineering Quality Level D (QL -D) Records Research, Quality Level C (QL-C) Surface Feature Survey, Quality Level B (QL -B) Designation and Quality Level A (QL - A) Test Holes, on the Pond project in Corpus Christi, TX, from Saratoga Blvd. to the AEP Power Substation. Task 204 –TCEQ Dam Safety Services The proposed detention dam and pond as identified in grant documentation appears to meet the requirements of an intermediate Hig h-Hazard dam as defined by the State of Texas. Therefore, the design, construction, and ongoing maintenance and management of the facility is subject to the review and approval of the TCEQ Dam Safety Office. LAN will coordinate with TCEQ and submit desig n documentation, plans, and specifications to TCEQ for review and approval prior to the release of bid documents for construction. State regulatory authority is established b the Texas Administrative Code, Title 30, Part1, Chapter 299, “Dams and Reservoir s”. For work pursuant to this task, the code or regulations is supplemented by the last editions of TCEQ documents “Design and Construction Guidelines for Dams in Texas”, “Hydrologic and Hydraulic Guidelines for Dams in Texas”, “Guidelines for Developing EXHIBIT A PAGE 17 OF 36 Emergency Action Plans for Dams in Texas”, and “Guidelines for Operation and Maintenance of Dams in Texas”. 1.LAN will prepare and submit construction plans and specifications and associated documentation in accordance with TCEQ guidelines. Preliminary coordination will occur during the 30% design process. Submittal of draft plans, specifications and supporting documents will be made at 60% design for TCEQ review and comment. Comments received will be addressed and documented. Final 100% plans and specifications will be submitted to TCEQ for approval prior to release for bid documents are prepared for the City. Required documentation, in addition to construction plans and specifications, for this process includes: •Dam Information Sheet (Form TCEQ-20345) •Hydrologic and Hydraulic Evaluation Summary (Form TCEQ-20346) •Design Basis Report (prepared under Basic Services as described above) •Geotechnical Report – including stability analysis •Hydrologic and Hydraulic Analyses & Models (prepared under Basic Servic es as described above) •Dam Breach Analysis with Inundation Mapping •Instrumentation and monitoring Plan – if applicable •Supplemental Engineering Plans if applicable according to 30 TAC 299(d)(2) •Quality Control Plan •Closure Plan •Plan for Addressing Possible Emergencies 2.During construction of the proposed dam and pond, LAN will, in addition to any other construction phase services noted elsewhere in this scope, compile and prepare monthly progress reports for submittal and review by TCEQ Dam Safety Office. State regulations require an inspector, under the direction of a Registered Professional Engineer to maintain and provide inspection reports for the progress report submittals. 3.Upon completion of the construction, LAN will prepa re for TCEQ approval a copy of record drawings and an Engineer’s Notification of Completion (Form TCEQ -20347). LAN will also assist the City of Corpus Christi with the preparation of a draft Emergency Action Plan (EAP) and an Operations & Maintenance Manual (O&MM) for the facility. The draft EAP and O&MM will be submitted on behalf of the City to TCEQ Dam Safety for review and comment. Task 205 – Environmental Services Environmental s ervices will be performed by Coastal Environments, Inc. (CEI) (see attached proposal). Scope of work is paraphrased below: 1.Background Research / Initial Site Visit An initial site visit will be conducted in order to gain understanding of the potential environmental and regulatory issues that may be encountered as a result of this project. Based on those observations, a pre-application consultation maybe requested with the pertinent regulatory agencies to address such issues in an attempt to streamline the permitting process. EXHIBIT A PAGE 18 OF 36 2.Wetland Delineation / Jurisdictional Determine and Threatened & Endangered Species Survey The wetland delineation will be initiated with a review of pertinent information, including shapefile of site location, access permission contacts and site data (i.e., topographic maps, digital orthophoto quarter quads, aerial photographs, soils, infrastructure and hydrologic conditions). The potential for T&E species will be researched on the US Fish and Wildlife Service (USFWS) and Texas Parks & Wildlife Department (TPWD) websites. 3.USACE Permitting If the project area is determined to contain jurisdictional wetlands, CEI will coordinate with the USACE to prepare a permit application package to USACE and associated exhibits for authorization. The package will include a cover letter, permit application, associated drawings, alternatives analysis, Coastal Zone Management application, TCEQ 401 Water Quality Certification application, and mitigation plan (if necessary). 4.Cultural Resources Assessment and Survey CEI proposes to conduct an intensive pedestrian survey of an approximately 130 -acre parcel, improvements to the adjacent Airport Ditch, and tie in to La Volla Creek for a proposed detention pond as part of a drainage improvement project lead by the City of Corpus Christi. As the proposed project location will be owned at the time of construction by a political subdivision of the state, the undertaking falls under the jurisdiction of the Texas Historical Commission (THC) in compliance with the Antiquities Code of Texas (ACT) (Texas Natural Resource Code, Title 9, Chapter 191). 5.Phase I Environmental Site Assessment CEI proposes to conduct the ESAP1 in conformance with the current (2013) American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments. 6.Landscape and Planting CEI will work closely with LAN’s project design and engineering team to recommend a vegetation planting scheme that best facilitates a Natural Channel Desig n approach within the detention pond under bank full channel conditions. More specifically, a vegetation planting that creates an effective riparian corridor through the bottom of the pond that conveys ordinary flows to the primary control structure, as well as intending to provide water quality enhancements, creation of aquatic habitats, and minimize vegetation maintenance requirements. Task 206 – Public Involvement 1.30% Public Meeting LAN will prepare for a public meeting following the submission of the 30% submittal to receive comments on the updated concept for construction. LAN will document comments received for discussion with CLIENT on how they may affect the proposed design. (Required by the grant) 2.60% Public Meeting LAN will prepare for a public meeting following the submission of the 60% submittal to receive comments on the proposed design. LAN will document comments received for discussion with CLIENT on how they may affect the proposed design. EXHIBIT A PAGE 19 OF 36 3.Final Design Public Meeting LAN will prepare for a presentation of the final design prior to construction. (Required by the grant) 4.Construction Completion Public Meeting LAN will prepare for a presentation of the final design prior to construction. (Required by the grant) Task 207 – Real Estate (Appraisals & Abstracts) (Allowance) This task will provide coordination, management, appraisal, title work, negotiations, and preliminary condemnation support (if necessary) for the property that is selected for the detention pond. Services under this task will be completed on a time and materials basis and will not be performed unless authorized by the City of Corpus Christi. Task 208 – Grant Administration (Allowance) The project is being partially funded by a grant through the CDBG-DR Program. When necessary, LAN will perform grant administration required by HUD and the GLO. Specific tasks include: 1.Grant Management LAN will provide grant management services and timely communications with TGLO and HUD, regarding administrative requirements including: •Scope of Work, schedule, and payment •Requests for extensions to the Period of Performance •Requests for advances and reimbursements 2.Grant Financial Reporting LAN will prepare and submit required grant financial reporting documents, including: •LAN will prepare up to nine (9) quarterly performance reports including written project status update, current schedule, current design budget, accounts receivable for LAN and subconsultants. •Final reports when all administrative actions and required work have been completed •Responses to requests for information from TGLO or HUD on management cost monitoring and reporting procedures. 3.Grant Close-Out LAN will prepare documentation and materials, and participate in, activities related to grant close- out, including: •A validation record that reported costs were incurred in the performance of eligible work •Certification that the approved work was completed, and the mitigation measure follows the provisions of the grant. •Coordination of a final site inspection of the completed project. •Budget of final costs, including Federal share, non-Federal share, administrative allowances (if applicable), and cost overrun and underruns. EXHIBIT A PAGE 20 OF 36 •Documentation that the project was performed in compliance with environmental conditions, required permits, and applicable building codes. •Certification that the project meets NFIP insurance requirements (if required). 4.Grant Audit Services LAN will prepare documentation and materials related to single or program -specific audits, including, but not limited to: •Provision of relevant project information necessary for the preparation of financial statements. •Provision of relevant project documentation, communication, and correspondences, and other information necessary to present a full record of internal controls. •Provision of relevant documentation to demonstrate compliance with Fe deral statutes, regulations, and the terms and conditions of the grant award. •Participation on activities related to follow -up on audit findings. EXHIBIT A PAGE 21 OF 36 Attachment B Scope of Services La Volla Creek Drainage Improvements Package B - Airport Tributary 1 Drainage Improvements Scope of Services To achieve the goals of the HMGP Grant Program and reduce flooding in the La Volla Creek basin, LAN will complete Basic and Additional Services provided for concrete channel improvements and culvert improvements on Airport Tributary in the vicinity of Sout h Padre Island Drive (SPID). This project will be completed in conjunction with a new detention pond constructed using CDBG -DR grant funds, downstream near the confluence of La Volla Creek and Airport Tributary 1 (separate authorization). Preliminary Phase Services shall include 30% project design, initiation of local/state/federal permitting, submittal to the City, and grant coordination. Tasks include preparation of construction drawings, finalization of modeling , engineering reports, environmental per mit under the Clean Water Act with USACE, State Historic Preservation Office (SHPO) consultation, cost estimates, and design/construction schedules. During 30% design, LAN will finalize the existing hydraulic models completed under the Major Ditch Improvements IDIQ contract , Task Order #3. Results of these analyses will be documented in the Basis of Design Report. To achieve drainage improvements at SPID, limited upstream and downstream right -of-way acquisition may be required to allow for construction of the improvements. It is also known that existing American Electric Power (AEP) poles conflict with proposed widening of the channel. The approach LAN will take to the design of the drainage improvements will be to not disturb or cause the need to perma nently relocate these facilities. If necessary, LAN’s scope of work includes utility relocation and conflict resolution services. LAN will be persistent with AEP and other third-party utilities to reduce conflicts and expedite design. Coordination with t he Texas Department of Transportation (TXDOT) will be necessary for this project as well. As part of the Major Ditch Improvements IDIQ contract, LAN met with TXDOT in February 2020, to discuss construction feasibility, methods of construction, and traffic concerns for this project. Two construction methods were discussed, open-cut and trenchless. As part of this project, LAN will meet with TXDOT again to continue discussions and seek approval for the proposed culvert improvements, roadway improvements, a nd traffic control plans. TXDOT standard details will be used in this project, as necessary. After approval of Preliminary Phase Services, Tasks 102 -105 will include development of detailed construction plans/documents, bid phase, and construction phase services, preparing reports as listed below. EXHIBIT A PAGE 22 OF 36 Package B - Basic Services Phase I will consist of efforts required to complete planning and design of the project up to completion of contract documents (plans and specifications). Task 100 – Project Management Task 101 – Preliminary Phase Services / 30% Basis of Design Task 102 – 60% Detailed Design Task 103 – Final Design Task 104 – Bid Phase Services Task 105 – Limited Construction Phase Services Task 100 – Project Management Services 1.Client Meetings & Communications a.Kickoff Meeting – LAN will conduct one (1) kick off meeting with the client to discuss the client's vision for the project, scope of work, schedule, budget, change management plan, and deliverables. b.Periodic Site Visits – two (2) site visits will be budgeted during the project. Site Visits will take 1-2 hours and be attended by 2-3 engineers or field personnel. The purpose of the site visits is to assess and evaluate existing conditions of the project site. c.Design Concept Review Workshop – LAN will complete one (1) DCR workshop with the City of Corpus Christi staff including Engineering Services, Floodplain Manager, Public Works, and Stormwater. This review will be completed within the first 90 days of the project for the purposes of reviewing the concept of design, discussing project fatal flaws and specific constraints and limitations, and developing a unified approach with the client in order to get the project completed on schedule. LAN will provide agenda, prese ntation, and meeting minutes. 2.Stakeholder & Third-Party Utility Meetings In addition to the meetings with the client, it will be necessary for LAN to meet with several different stakeholders and third-party utilities who have interest in the project. L AN will coordinate these meetings, provide meeting notes and minutes, and discuss the outcomes of these meeting with the client. LAN assumes up to two meetings with each the following stakeholders along with preparation time: •Texas Department of Transportation (TXDOT) •Texas Division of Emergency Management (TDEM) Task 101 – Preliminary Phase Services / 30% Basis of Design 1.Hydrologic & Hydraulic Modeling This task consists of finalizing the hydrologic and hydraulic modeling calculations in support of the final design of the proposed Airport Tributary 1 Drainage Improvements. LAN is authorized to begin the modeling necessary for this task under a separate contract (Major Ditch Improvements, T ask Order #3). This task finalizes the results under that Task Order. EXHIBIT A PAGE 23 OF 36 Goals of the flood mitigation design include reduction of flood risk to habitable structures, adherence to estimated construction costs included in the HMGP grant application and min imizing the size of the SPID crossing and its impact on TxDOT and adjacent property owners. The Major Ditch Improvements IDIQ hydrologic and hydraulic model will serve as the basis for this analysis. 2.Design of Channel Improvements LAN will perform 30% level engineering design of the proposed channel improvements on Airport Tributary 1, upstream and downstream of the crossing at South Padre Island Drive. This task includes channel alignment, constraints, ROW evaluation, and design of necessary structures. This task includes the use of software and calculations that will be documented via hand-written notes, drawings, exhibits, and sketches, to determine hydraulic and s tructural design parameters. 3.Design of Culvert Improvements Based on the results of the hydraulic modeling and geotechnical investigation, LAN will perform engineering design of the proposed culvert improvements at South Padre Island Drive. This task includes the use of software and calculations that will be documented via hand-written notes, drawings, exhibits, and sketches, to layout the culvert(s) and define hydraulic and s tructural design parameters. 4.Assess Construction Feasibility / Methods LAN will evaluate the technical and economic feasibility of up to two (2) alternative construction methods for installing the proposed culverts on Airport Tributary 1 at South Padre Island Drive. This includes assessing traffic impacts, property and right -of-way issues, and existing utility impacts. 5.Opinions of Probable Construction Costs Based on the 30% design, LAN will develop opinions of probable construction costs for each major component of the improvements along Airport Tributary 1. 6.Draft Basis of Design Report (Drainage Improvements) LAN will complete a Draft Basis of Design Repor t that includes the results of the preliminary engineering designs, analyses, hydraulic calculations, structural design requirements including interpretation of testing results provided by testing laboratory, construction phasing & bypassing requirements, and selection/sizing of culvert improvements. 7.Draft 30% Construction Plans A draft submission will be made at the 30% design stage for client review, comment, and permitting agency review/comment. All comments received will be tracked and addressed by th e design team and necessary revisions will be included in the Contract Documents. The anticipated drawing list includes the following: •Existing Vicinity Plan •Topographic Survey / Existing Site Plan •Existing Utilities Map / Conflicts •Drainage Area Map EXHIBIT A PAGE 24 OF 36 •Hydrologic Summary •Hydraulic Summary •Culvert Plan & Profiles •Channel Improvement Plan & Profiles •Erosion Control Plans •Roadway Plans & Profiles •Roadway Cross Sections 8.Client Review Meeting LAN will participate in one (1) review meeting with the client and pr epare meeting minutes . This meeting is separate from the Design Concept Review Workshop in Task 100 and is for the purposes of reviewing the 30% project deliverables and receiving comments from the client. 9.Final Basis of Design / Permitting Package LAN will receive review comments from the client and incorporate those into the Final Basis of Design Report. Comments received on the 30% construction plans will be incorporated into the 60% deliverable. Task 101 (30%) Deliverables: •Meeting Minutes •Draft and Final Basis of Design Reports •30% Opinion of Probable Costs •30% Construction Plans The 30% deliverables will include one (1) hard copy, one (1) PDF set of deliverables on a thumb drive, and a Microsoft One-Drive link to all documents, sent to the clients’ designated Project Manager. Task 102 – 60% Detailed Design LAN will translate deta iled engineering designs completed in the preliminary stage into detailed construction documents, including the advancement of 30% plans to 60% level. Disciplines involved include: Site Civil, Drainage, Structural, Erosion Control, Roadway, and Traffic C ontrol. 1.Technical Drawings A draft submission will be made at the 60% design stage for client review and comment. All comments received will be tracked and addressed by the design team and necessary revisions will be included in the Contract Documents. The anticipated drawing list includes the following: •Title Sheet / Index •Legend •General Notes •Construction Sequence/Phasing •Summary of Quantities •Existing Vicinity Plan •Topographic Survey / Existing Site Plan EXHIBIT A PAGE 25 OF 36 •Drainage Area Map •Hydrologic Summary •Hydraulic Summary •Existing Utilities Map / Conflicts •Traffic Control Plans •Culvert Plan & Profiles •Channel Improvement Plan & Profiles •Channel Improvement Cross Sections & Details •Retaining Wall Layout and Elevation •Miscellaneous Drainage Details •Landscaping Plan and Details •SWPPP •Erosion Control Plans •Erosion Control Details •Roadway Plans & Profiles •Roadway Cross Sections •TXDOT Standards •Miscellaneous Roadway Details 2.Technical Specifications LAN will prepare technical specifications that define t he project standards for materials, workmanship, and testing. A list of technical specifications will be made at the 60% design stage for client review and comment. All comments received will be tracked and addressed by the design team and necessary revisions will be included in the Contract Documents. 3.Contract Documents LAN will prepare the following Draft Contract Documents (DIV 00, DIV 01) in City of Corpus Christi standard format for client review and comment: •Bid Form •Agreement •Supplementary Conditions •Summary of Work •Alternates and Allowances •Measurement and Payment •Submittal Register •Special Procedure •Temporary Facilities and Controls 4.Update Opinion of Probable Costs The project team will update the engineer’s opinion of proba ble construction costs delivered in the preliminary task for the work presented in the drawing set. The estimate will include all work to be performed and broken down by discipline. EXHIBIT A PAGE 26 OF 36 5.Client Review Meeting LAN will participate in one (1) 60% submittal review meeting with the client and prepare meeting minutes for this meeting. LAN will receive review comments from the client and incorporate those into the 90% documents. Task 102 (60%) Deliverables: •Updated Opinion of Probable Costs •60% Plans •List of Technical Specifications •Draft Contract Documents, including Bid Form The 60% deliverables will include one (1) hard copy, one (1) PDF set of deliverables on a thumb drive, and a Microsoft One-Drive link to all documents, sent to the clients’ designated Project Manager. Task 103 – Final Design 1.Final Technical Drawings and Specifications LAN will advance the technical drawings, specifications, and opinion of costs to the 100% design stage for client review and comment. All 60% comments received will be tracked and addressed by the design team and necessary revisions will be included in the Contract Documents. 2.Client Review Meeting LAN will participate in one (1) 100% submittal review meeting with the client and prepare meeting minutes for this meeting. LAN will receive review comments from the client and incorporate those into the Fina l Issued for Bid (IFB) documents. 3.Prepare Issued for Bid Documents LAN will incorporate all review comments and prepare one (1) set of Issued for Bid (IFB) construction documents per City of Corpus Christi Standards. The set will include one (1) hard copy, one (1) PDF set of deliverables on a thumb drive, and a Microsoft One -Drive link to all documents, sent to the clients designated Project Manager. Task 103 Issued for Bid (IFB) Deliverables: •Opinion of Probable Costs •Issued for Bid Plans •Issued for Bid Project Manual / Contract Documents •Final Bid Form •CIVCAST Form (Excel) Task 104 – Bid Phase / Procurement Services 1.Pre-Bid Meeting LAN will attend one (1) Pre-Bid meeting with the client to present the project to potential qualified contractors . EXHIBIT A PAGE 27 OF 36 2.Respond to Requests for Information (RFI’s) LAN will monitor CIVCAST during the City’s standard two-week question and answer period and respond to routine questions as necessary via email to the City Project Manager. Answers to RFI’s are intended to clarify plans, specifications, or design criteria and not make significant changes to the design of the project. LAN assumes a total of 20 hours to complete this task. 3.Contract Addenda Significant revisions to the plans or specifications during procure ment will be issued through addenda prior to submittal of proposals. LAN will prepare one (1) contract addenda, as required. Task 104 Deliverables: •Contract Addenda (PDF) Task 105 – Limited Construction Administration (assume 64 weeks/ 15 months of construction) 1.Conformed Construction Documents LAN will prepare one (1) set of conformed construction documents for the client prior to start of construction. 2.Pre-Construction Meeting Once the client awards a contract with a qualified contra ctor, LAN will participate in one (1) pre - construction meeting with the selected contractor to review the project, specifications, and requirements during construction. 3.Respond to Contractor Requests for Information During construction (15 months), LAN will respond to contractor requests for information. LAN assumes a total of twenty (20) formal requests for information (RFI) as part of this task. LAN considers a “formal” RFI as one that takes more than one working day to provide an answer. 4.Review and Approve Submittals LAN will review and approve contractor submittals as required in the contract bid documents. LAN assumes up to a total of thirty-five (35) contractor submittals as part of this task. 5.Construction Observations LAN will perform const ruction observations of the project assuming one (1) hour weekly for a duration of sixty-four (64) weeks , as necessary to answer RFI’s . This scope of work does not include a Resident Project Representative (RPR) or full-time construction inspector on the project. 6.Substantial & Final Completion Inspections LAN will complete one (1) substantial completion inspection with the contractor and client and develop a punch list of items for the contractor to address prior to final completion. Once punch list is complete, LAN will perform one (1) final inspection of the project. EXHIBIT A PAGE 28 OF 36 7.Prepare Record Drawings LAN will prepare one (1) set (hardcopy and PDF) of record drawings for the client using the contractor's mark-ups/redlines during construction. No additional survey or data collection will be performed as part of this task. Task 105 Deliverables: •Submittals / Submittal Log •Record Drawings Package B - Additional Services The following additional services will be necessary to support the development and completion of services performed in the Basic Service above: Task 201 – Geotechnical Engineering Task 202 - Survey Services Task 203 – Utilities Coordination / Subsurface Utilities Engineering Task 204 – CLOMR/LOMR Task 205 – Environmental Services Task 206 – Public Involvement Task 207 - Real Estate (Appraisals & Abstracts) Task 208 – Grant Administration / Management Task 201 – Geotechnical Engineering In support of Basic Services, geotechnical engineering will be performed by Terracon, Inc. (see attached proposal). Scope of work is paraphrased below: This task will be performed as a way to evaluate the overall feasibility of the project from the geotechnical perspective. It will allow us to determine the consistency of the site geology and expose the potential challenges with regards to subsurface conditions, soil material properties, potential seepage zones and groundwater conditions. At the end of the task, we will be able to develop a specific exploration and analysis program to target the encountered site challenges for use in final design. Task 202 – Survey Services In support of Basic Services, survey services will be performed by Binkley & Barfield, Inc. (BBI) (see attached proposal). Scope of work is paraphrased below: 1.Right-of-Entry Coordination Surveyor shall perform necessary research to secure ownership recor ds and property deeds within the project phase limits, immediately adjoining Airport Tributary 1. Research shall include pertinent record documents for subject tracts and adjoining tracts, subdivision plats, ownership deeds for un-platted adjoining properties, and intersecting or crossing roadways. EXHIBIT A PAGE 29 OF 36 2.Geodetic Control Survey Surveyor shall set horizontal and vertical primary control points using a 5/8” rebar 18 inches long with cap marked “BASELINE CONTROL”. These points shall be used as the primar y horizontal and vertical control for the project and shall serve as the temporary benchmarks (TBM’s) for the project. Horizontal and vertical data for primary control shall be based on redundant RTK GNSS observations and digital differential levelling. Se condary control points shall be set as necessary for conventional ground surveying. Survey Control Index Sheets shall be prepared showing all project control for the PS&E plan set. 3.Topographic Design Survey Surveyor shall perform a Topographic Design Survey within the Project phase limits. The Survey shall provide existing topographic conditions of approximately 7,900 LFT of concrete drainage channel and road right -of-way. The Survey shall include the 2-acre Fulton Investment tract referenced above; intersecting side streets extending out 50’ in each direction to include storm sewer curb inlets; South Padre Island Drive (SPID) access roads and culvert crossing extending out 500’ in each direction; and Bush/ Holly Street extending out 400’ in e ach direction. 4.Boundary / ROW Survey Surveyor shall perform a Boundary Survey of the above referenced project phase limits to include the La Volla Creek channel, W Point Road right -of-way, Columbia Street right -of-way, SPID right- of-way, Bush/ Holly Street right -of-way, and properties immediately adjoining the La Volla Creek channel. Surveyor shall prepare an Abstract Map and perform property research to locate found subject property and adjoining property corner monumentation along rights -of-way and intersecting property lines. Results shall be compared, and a boundary resolution determined. Property ownership names, property lines, right -of-way lines and any easements found during deed research shall be shown on the Survey. Task 203 – Utilities Coordination / SUE Services In support of Basic Services, utilities coordination and subsurface utility engineering will be performed by Binkley & Barfield, Inc. (BBI) (see attached proposal). Scope of work is paraphrased below: 1.Utilities Coordination Utility Coordination will include the identification of utility conflicts, coordination, compliance with TxDOT’s Utility Accommodation Rules (UAR) the City of Corpus Christi, and resolution of utility conflicts. The Coordinator shall coordinate all activities with t he (CLIENT, LAN) to facilitate the orderly progress and timely completion of LAN’s design phase. 2.Subsurface Utility Engineering Services (SUE) BBI will provide Subsurface Utility Engineering Quality Level D (QL -D) Records Research, Quality Level C (QL-C) Surface Feature Survey, Quality Level B (QL -B) Designation and Quality Level A (QL - A) Test Holes, on the Pond project in Corpus Christi, TX, from Saratoga Blvd. to the AEP Power Substation. EXHIBIT A PAGE 30 OF 36 Task 204 – CLOMR/LOMR The flood risk mitigation resulting from the Airport Tributary 1 and La Volla Reservoir Improvements will result in a measurable change to the FEMA regulatory floodplain. A Conditional Letter of Map Revision (CLOMR) will be drafted for the purpose of communicating the City’s inten t to alter the floodplain. CLOMR will include the HEC -RAS coupled 1D/2D model prepared in a manner consistent with FEMA standards and required MT-2 forms. LAN will coordinate with City to sign required forms and will submit to FEMA on behalf of the City. LAN will respond to two (2) rounds of comments from FEMA reviewers. Following construction LAN will prepare applications and supporting documents required to request a Letter of Map Revision from (LOMR) FEMA to reflect the project improvements and resultant floodplain. Task 205 – Environmental Services In support of the Basic Services, environmental services will be performed by Coastal Environments, Inc. (CEI) (see attached proposal). Scope of work is paraphrased below: 1.Background Research / Init ial Site Visit An initial site visit will be conducted in order to gain understanding of the potential environmental and regulatory issues that may be encountered as a result of this project. Based on those observations, a pre-application consultation maybe requested with the pertinent regulatory agencies to address such issues in an attempt to streamline the permitting process. 2.Wetland Delineation / Jurisdictional Determine and Threatened & Endangered Species Survey The wetland delineation will be initiated with a review of pertinent information, including shapefile of site location, access permission contacts and site data (i.e., topographic maps, digital orthophoto quarter quads, aerial photographs, soils, infrastructure and hydrologic conditions). The potential for T&E species will be researched on the US Fish and Wildlife Service (USFWS) and Texas Parks & Wildlife Department (TPWD) websites. 3.USACE Permitting If the project area is determined to contain jurisdictional wetlands, CEI will coordinate with the USACE to prepare a permit application package to USACE and associated exhibits for authorization. The package will include a cover letter, permit application, associated drawings, alternatives analysis, Coastal Zone Management application, TCEQ 401 Water Quality Certification application, and mitigation plan(if necessary). 4.Cultural Resources Assessment and Survey CEI proposes to conduct an intensive pedestrian survey of an approximat ely 130-acre parcel, improvements to the adjacent Airport Ditch, and tie in to La Volla Creek for a proposed detention pond as part of a drainage improvement project lead by the City of Corpus Christi. As the proposed project location will be owned at the time of construction by a political subdivision of the state, the undertaking falls under the jurisdiction of the Texas Historical Commission (THC) in compliance with the Antiquities Code of Texas (ACT) (Texas Natural Resource Code, Title 9, Chapter 191). EXHIBIT A PAGE 31 OF 36 5.Phase I Environmental Site Assessment CEI proposes to conduct the ESAP1 in conformance with the current (2013) American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments. Task 206 – Public involvement 1.30% Public Meeting LAN will prepare for a public meeting following the submission of the 30% submittal to receive comments on the updated concept for construction. LAN will document comments received for discussion with CLIENT on how they may affect the proposed design. (Required by the grant) 2.60% Public Meeting LAN will prepare for a public meeting following the submission of the 60% submittal to receive comments on the proposed design. LAN will document comments received for discussion with CLIENT on how they may affect the proposed design. 3.Final Design Public Meeting LAN will prepare for a presentation of the final design prior to construction. (Required by the grant) 4.Construction Completion Public Meeting LAN will prepare for a presentation of the final design prior to construction. (Required by the grant) Task 207 – Real Estate (Appraisals & Abstracts) (Allowance) This task will provide coordination, management, appr aisal, title work, negotiations, and preliminary condemnation support (if necessary) for properties adjacent to the Airport Tributary #1 and the crossing at SPID. Services under this task will be completed on a time and materials basis and will not be performed unless authorized by the City of Corpus Christi. Task 208 – Grant Administration (Allowance) 1.Grant Management LAN will provide grant management services and timely communications with TDEM and FEMA, regarding administrative requirements including : •Scope of Work, schedule, and payment •Requests for extensions to the Period of Performance •Requests for advances and reimbursements 2.Grant Financial Reporting LAN will prepare and submit required grant financial reporting documents, including: •LAN will prepare up to nine (9) quarterly performance reports including written project status update, current schedule, current design budget, accounts receivable for LAN and subconsultants. •Final reports when all administrative actions and required work have been completed EXHIBIT A PAGE 32 OF 36 •Responses to requests for information from TDEM or FEMA on management cost monitoring and reporting procedures. 3.Grant Close-Out LAN will prepare documentation and materials, and participate in, activities related to grant close- out, including: •A validation record that reported costs were incurred in the performance of eligible work •Certification that the approved work was complete d, and the mitigation measure follows the provisions of the grant. •Coordination of a final site inspection of the completed project. •Budget of final costs, including Federal share, non-Federal share, administrative allowances (if applicable), and cost ove rrun and underruns. •Documentation that the project was performed in compliance with environmental conditions, required permits, and applicable building codes. •Certification that the project meets NFIP insurance requirements (if required). 4.Grant Audit Services LAN will prepare documentation and materials related to single or program -specific audits, including, but not limited to: •Provision of relevant project information necessary for the preparation of financial statements. •Provision of relevant project documentation, communication, and correspondences, and other information necessary to present a full record of internal controls. •Provision of relevant documentation to demonstrate compliance with Federal statutes, regulations, and the terms and conditions of the grant award. •Participation on activities related to follow -up on audit findings. EXHIBIT A PAGE 33 OF 36 Attachment C Summary of Fee’s per Task Package A – Detention Pond Task Task Name Proposed Fee 100 Project Management Services $ 15,446.00 101 Preliminary Phase Services / Basis of Design $ 295,740.00 102 60% Detailed Design $ 233,782.00 103 Final Design $ 58,560.00 104 Bid Phase / Procurement Services $ 10,300.00 105 Construction Administration $ 76,871.00 Total Basic Services $ 690,699.00 201 Geotechnical Engineering $ 146,900.00 202 Survey Services $ 111,910.00 203 Utilities Coordination / Conflict Resolution / SUE Services $ 132,082.00 204 Hydrologic & Hydraulic Modeling (TCEQ Rqd) $ 55,440.00 205 Environmental Services $ 99,896.00 206 Public Involvement $ 7,246.00 207 Real Estate (Allowance) $ 20,000.00 208 Grant Administration (Allowance) $ 45,309.00 Total Additional Services $ 618,783.00 Total $ 1,309,482.00 Package B – Airport Tributary #1 Drainage Improvements Task Task Name Proposed Fee 100 Project Management Services $ 26,122.00 101 Preliminary Phase Services / Basis of Design $ 256,897.00 102 60% Detailed Design $ 163,841.00 103 Final Design $ 76,498.00 104 Bid Phase / Procurement Services $ 15,858.00 105 Construction Administration $ 86,294.00 Total Basic Services $ 625,510.00 201 Geotechnical Engineering $ 35,865.00 202 Survey Services $ 98,585.00 203 Utilities Coordination / Conflict Resolution / SUE Services $ 121,203.00 204 CLOMR / LOMR $ 110,820.00 205 Environmental Services $ 17,110.00 206 Public Involvement $ 7,246.00 207 Real Estate (Allowance) $ 20,000.00 208 Grant Administration (Allowance) $ 31,174.00 Total Additional Services $ 442,003.00 Total $ 1,067,513.00 EXHIBIT A PAGE 34 OF 36 Attachment D Project Schedules Package A – Detention Pond Task Task Name Duration (weeks) Begin (Week) End (Week) Notice to Proceed 0 0 0 202 Survey Services 6 1 7 201 Preliminary Geotechnical Assessment 8 1 9 101 Preliminary Phase Services / Basis of Design 24 1 25 207 Real Estate Acquisition 26 1 27 205 Environmental Services 26 1 27 203 Utilities Coordination / Conflict Resolution / SUE Services 26 1 27 204 Hydrologic & Hydraulic Modeling (TCEQ Rqd) 128 12 140 30% Client / Regulatory Review 4 27 31 206 Public Involvement 113 27 140 102 60% Detailed Design 16 31 47 Client Review 3 47 50 103 Final Design 6 50 56 104 Bid Phase / Procurement Services 4 56 60 105 Construction Administration 80 60 140 Package B – Airport Tributary #1 Drainage Improvements Task Task Name Duration (weeks) Begin (Week) End (Week) Notice to Proceed 0 0 0 202 Survey Services 4 1 5 201 Preliminary Geotechnical Assessment 5 1 6 101 Preliminary Phase Services / Basis of Design 12 1 13 207 Real Estate Acquisition 16 1 17 205 Environmental Services 20 1 21 203 Utilities Coordination / Conflict Resolution / SUE Services 21 1 22 30% Client / Regulatory Review 4 13 17 206 Public Involvement 92 13 105 102 60% Detailed Design 14 17 31 Client Review 3 31 34 103 Final Design 4 34 38 104 Bid Phase / Procurement Services 3 38 41 204 CLOMR / LOMR 8 38 46 105 Construction Administration 64 41 105 EXHIBIT A PAGE 35 OF 36 Attachment E Labor Rates Personnel Rate / Hr Principal $ 305.00 Program Manager / QAQC Manager $ 232.00 Project Manager $ 200.00 Team Leader (SW) $ 218.00 Team Leader (Inf) $ 212.00 Senior Engineer / Modeler $ 253.00 Engineer IV $ 202.00 Engineer III $ 154.00 Engineer II $ 104.00 Engineer I $ 100.00 Senior Designer $ 160.00 Technician II $ 122.00 Technician I $ 98.00 Construction Engineer $ 210.00 Administrative $ 75.00 GIS Analyst / Modeler $ 120.00 EXHIBIT A PAGE 36 OF 36 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 BPage 1 of 1 1 EXHIBIT C PAGE 1 OF 3 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 EXHIBIT C PAGE 2 OF 3 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 EXHIBIT C PAGE 3 OF 3 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 EXHIBIT E: FEDERAL REQUIREMENTS EXHIBIT E PAGE 1 OF 19 FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-F05 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland “Anti-Kickback” Act (Construction Only) FR-F08 Davis-Bacon Act (Construction Only) FR-F09 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity (Construction Only) FR-F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) END OF TABLE OF CONTENTS EXHIBIT E PAGE 2 OF 19 FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1)The Contractor agrees to provide the City, the FEMA/HUD Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The Contractor agrees to provide the FEMA/HUD Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: DHS Standard Terms and Conditions, v 7.1, p. 1 (2017) EXHIBIT E PAGE 3 OF 19 FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City’s notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City’s notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) EXHIBIT E PAGE 4 OF 19 FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) EXHIBIT E PAGE 5 OF 19 FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A.Clean Air Act. (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2)The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3)The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/HUD. B.Federal Water Pollution Control Act. (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2)The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3)The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/HUD. Reference: 2 CFR § 200, Appendix II¶ (G) EXHIBIT E PAGE 6 OF 19 FEDERAL REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA/HUD financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA/HUD policies, procedures, and directives. Reference: FEMA/HUD requirement EXHIBIT E PAGE 7 OF 19 FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1)Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3)Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Reference: 29 CFR § 5.5(b) EXHIBIT E PAGE 8 OF 19 FEDERAL REQUIREMENTS: FR-F07 COPELAND “ANTI-KICKBACK” ACT Compliance with the Copeland “Anti-Kickback” Act. (1)Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses or instructions as may be appropriate or required, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3)Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. EXHIBIT E PAGE 9 OF 19 FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS The Contractor must comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. The Contractor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. See attached Prevailing Wage Determination sheet for this contract. EXHIBIT E PAGE 10 OF 19 PREVAILING WAGE DETERMINATION EXHIBIT E PAGE 11 OF 19 FEDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 EXHIBIT E PAGE 12 OF 19 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Reference: DHS Standard Terms and Conditions, v.7.1, p. 5 (2017) EXHIBIT E PAGE 13 OF 19 FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1)The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3)The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4)The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5)The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6)In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7)The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary EXHIBIT E PAGE 14 OF 19 of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT E PAGE 15 OF 19 FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA/HUD requirement EXHIBIT E PAGE 16 OF 19 FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1)In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii)At a reasonable price. (2)Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 EXHIBIT E PAGE 17 OF 19 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 EXHIBIT E PAGE 18 OF 19 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT EXHIBIT E PAGE 19 OF 19 EXHIBIT “F” 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 Lockwood, Andrews & Newnam, Inc. NA 500 N. Shoreline Blvd., Suite 905 Corpus Christi, TX 78401 X N/A N/A N/A N/A EXHIBIT “F” 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. Stephen A. Gilbreath Vice President 11/3/2020 Attachment C Summary of Fee’s per Task Package A – Detention Pond Task Task Name Proposed Fee 100 Project Management Services $ 15,446.00 101 Preliminary Phase Services / Basis of Design $ 295,740.00 102 60% Detailed Design $ 233,782.00 103 Final Design $ 58,560.00 104 Bid Phase / Procurement Services $ 10,300.00 105 Construction Administration $ 76,871.00 Total Basic Services $ 690,699.00 201 Geotechnical Engineering $ 146,900.00 202 Survey Services $ 111,910.00 203 Utilities Coordination / Conflict Resolution / SUE Services $ 132,082.00 204 Hydrologic & Hydraulic Modeling (TCEQ Rqd) $ 55,440.00 205 Environmental Services $ 99,896.00 206 Public Involvement $ 7,246.00 207 Real Estate (Allowance) $ 20,000.00 208 Grant Administration (Allowance) $ 45,309.00 Total Additional Services $ 618,783.00 Total $ 1,309,482.00 Package B – Airport Tributary #1 Drainage Improvements Task Task Name Proposed Fee 100 Project Management Services $ 26,122.00 101 Preliminary Phase Services / Basis of Design $ 256,897.00 102 60% Detailed Design $ 163,841.00 103 Final Design $ 76,498.00 104 Bid Phase / Procurement Services $ 15,858.00 105 Construction Administration $ 86,294.00 Total Basic Services $ 625,510.00 201 Geotechnical Engineering $ 35,865.00 202 Survey Services $ 98,585.00 203 Utilities Coordination / Conflict Resolution / SUE Services $ 121,203.00 204 CLOMR / LOMR $ 110,820.00 205 Environmental Services $ 17,110.00 206 Public Involvement $ 7,246.00 207 Real Estate (Allowance) $ 20,000.00 208 Grant Administration (Allowance) $ 31,174.00 Total Additional Services $ 442,003.00 Total $ 1,067,513.00 RFQ NO. 3073 La Volla Creek Drainange Improvements Clarissa Johnson Proposal Evaluation Lockwood, Andrews & Newnam, Inc. Michael Baker International, Inc. Hanson Professional Services, Inc. LJA Engineering, Inc. Freese and Nichols, Inc. Halff Associates, Inc. International Consulting Engineers LNV, LLC.G.E.C., Inc.SWG Engineering, LLC. MINIMUM QUALIFICATIONS (PASS/FAIL) Licensing/Certification No material lawsuits during last 5 years No material regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS)43 42 44 43 36 35 35 35 26 26 Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (20 pts) INTERVIEW (50 PTS)45 45 42 42 N/A N/A N/A N/A N/A N/A Firms' Experience (15 pts) Team's Experience (15 pts) Understanding of Project Scope (20 pts) Total 88 87 86 85 36 35 35 35 26 26 PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS AGENDA MEMORANDUM Action Item for the City Council Meeting of January 26, 2021 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works/Street Operations richardm5@cctexas.com (361) 826-3419 Heather Hurlbert, Finance & Business Analysis Heatherh3@cctexas.com (361) 826-3227 CAPTION: Motion awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, TX, for the reconstruction of the Six Points Intersection to include 10th street from Ayers Street to Staples Street and the rehabilitation of Ayers Street from 10th Street to Six Points Intersection and Staples Street from 10th Street to Six Points Intersection, located in Council District 2, with new asphalt pavement and utility improvements in an amount of $3,189,239.00, with FY 2021 funding available from the Streets Bond 2016, Storm Water, Wastewater, and Water Funds. SUMMARY: This motion approves a construction contract for the Six Points Intersection Street rehabilitation and reconstruction and signal Improvements. This project includes the reconstruction of the Six Points Intersection to include 10th street from Ayers Street to Staples Street and the rehabilitation of Ayers Street from 10th Street to Six Points Intersection and Staples Street from 10th Street to Six Points Intersection, located in Council District 2, with new asphalt pavement and utility improvements in an amount of Construction Contract Award Six Points Intersection Street and Signal Improvements $3,189,239.00, with FY 2021 funding available from the Streets Certificates of Obligation Fund. Additional improvements will include curb and gutter, ADA ramps, pavement markings, signage, upgrading traffic signalization, street lighting, bike lanes, and utility improvements including, water, wastewater, stormwater and underground cable for Information Technology BACKGROUND AND FINDINGS: The Six Points Intersection is a historic area established in the early 1900’s and a key hub for growth in the central area of the City. The intersection joins three major streets: Ayers, Staples, and Alameda. Previously, the City completed three street Bond projects: Alameda Street from Ayers Street to Louisiana Avenue (Bond 2012), Ayers Street from Ocean Drive to Alameda Street (Bond 2014), and Staples Street from Morgan Avenue to Ayers Street (Bond 2014). Those projects have been completed, but none of their scopes included the Six Points Intersection or approaches from Ayers Street and Staples Street. The Six Points intersection improvements were considered for inclusion in Bond 2016. It was one of four “bond continuation” projects that City Council elected to fund using certificates of obligation in a motion of direction on August 16, 2016. The other projects directed to be funded with those certificates were Yorktown Boulevard improvements near Rodd Field, traffic signal improvements, and street lighting improvements related to Bond 2014 projects. The action was taken in response to 2016 legislation that prevented using certificates of obligation for a period of three years to fund projects that were on a failed bond referendum. This Six Points project proposes to implement the reconstruction of the Six Points Intersection to include 10th street from Ayers Street to Staples Street (approximately 400 linear feet) and the rehabilitation of Ayers Street from 10th Street to Six Points Intersection (approximately 335 linear feet) and Staples Street from 10th Street to Six Points Intersection (approximately 465 linear feet). This project was design by Freese and Nichols. As part of the Six Points Intersection Improvement Project, safety enhancements were evaluated to improve traffic operations and mobility for all modes of transportation (cars, buses, pedestrians, cyclists) within the project limits. Part of the evaluation included performing community outreach. One of the recommendations from the City’s outreach efforts included converting 10th Street from Ayers Street and Staples Street, from a two- way traffic flow to a one-way traffic flow. An ordinance designating one-way traffic flow on 10th street will be presented separately to Council for approval. Additionally, the Regional Transportation Authority (RTA) has abandoned their use of the triangular parcel of land as a bus transfer station located at the intersection. The City has decided to re-purpose the area for pedestrian use, to include closing Palmero Street to thru traffic by removing the Alameda Street entrance but keeping the Staples Street entrance. The purpose of the entrance removal is to accommodate additional parking for the surrounding businesses and improve the pedestrian walkway. The new traffic flow designation and entrance closure was approved by the Transportation Advisory commission on February 24, 2020. Construction of the Six Points Improvements project will include curb and gutter, ADA ramps, pavement markings, signage, upgrading traffic signalization, street lighting, and utility improvements including, water, wastewater, stormwater and underground cable for Information Technology. In addition to the new pavement improvements and underground utilities, the following scope of work will be completed:  Upgraded traffic signalization such as LED lights and new equipment at all three intersections of Staples, Ayers, and Alameda Streets and underground utilities.  Pedestrian improvements to the former RTA transfer station-triangular area bordering Staples, Alameda, and Palmero Streets such as pedestrian poles, new seating, and parking for pedestrians. PROJECT TIMELINE: 2020 2021 O N D J F M A M J J A S O N D Bid/Award Construction Project schedule reflects City Council award in January 2021 with anticipated completion in December 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids for the proposed Six Points Improvements construction project. The solicitation contained a single base bid (asphalt). On October 28, 2020, the City received bids for the project, provided below: CONTRACTOR BASE BID (ASPHALT) Reytec Construction Resources $3,189,239.00 Mako Contracting LLC $3,333,020.46 Clark Pipeline Services $4,214,802.95 Bay Ltd. $4,905,375.45 Engineer’s Opinion of Probable Construction Cost $3,360,985.00 ALTERNATIVES: The alternative is to not award the construction contract to the low bidder. This option would not provide for improved safety at the Six Points intersection , nor allow for increased parking for motorists needing to access local businesses. FISCAL IMPACT: The fiscal impact for FY 2021 is in the amount of $3,189,239.00 with funding available from Streets Bond 2016, Storm Water, Wastewater, and Water Funds. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY 2021. The project is ready to be implemented and the expenditures shown in the CIP are budgeted as encumbrances and remaining budget from FY 2020. This project construction phase was delayed in order to avoid construction during the 2020 Christmas/New Year holiday. Fund: Street Bond 2016 (Fund 3553) Mission Elem: Street Pavement Maintenance (051) Project: Six Points Improvements (E17036) Account: Construction (550910) Activity: E17036-01-3553-EXP Amount: $1,958,137 Fund: Storm Water (Fund 4533) Mission Elem: Storm Water Drainage (043) Project: Six Points Improvements (E17036) Account: Construction (550910) Activity: E17036-01-4533-EXP Amount: $187,277 Fund: Wastewater (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: Six Points Improvements (E17036) Account: Construction (550910) Activity: E17036-01-4258-EXP Amount: $639,025 Fund: Water (Fund 4099) Mission Elem: Water Distribution System (041) Project: Six Points Improvements (E17036) Account: Construction (550910) Activity: E17036-01-4099-EXP Amount: $404,800 RECOMMENDATION: Staff recommends awarding a construction contract to Reytec Construction Resources, Inc. for the reconstruction of the Six Points Intersection to include 10th street from Ayers Street to Staples Street and the rehabilitation of Ayers Street from 10th Street to Six Points Intersection and Staples Street from 10th Street to Six Points Intersection in the amount of $3,189,239.00 with construction duration planned for 10 months from issuance of the Notice to Proceed to begin construction in March 2021. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs BID DATE: Wed., Oct-28-2020 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT A1 Mobilization (Max 5% Part A)LS 1 20,000.00$ 20,000.00$ 27,000.00$ 27,000.00$ 38,200.00$ 38,200.00$ 15,500.00$ 15,500.00$ A2 Bonds and Insurance AL 1 40,000.00$ 40,000.00$ 56,500.00$ 56,500.00$ 47,200.00$ 47,200.00$ 32,371.00$ 32,371.00$ A3 Clear Right-of-Way AC 3 24,000.00$ 72,000.00$ 38,265.41$ 114,796.23$ 93,000.00$ 279,000.00$ 58,000.00$ 174,000.00$ A4 Ozone Day DAY 2 500.00$ 1,000.00$ 1.00$ 2.00$ 434.00$ 868.00$ 190.00$ 380.00$ A5 Survey Monument EA 2 1,300.00$ 2,600.00$ 20,000.00$ 40,000.00$ 930.00$ 1,860.00$ 410.00$ 820.00$ A6 Traffic Control Mobilization/Adjustments LS 1 5,800.00$ 5,800.00$ 45,000.00$ 45,000.00$ 31,000.00$ 31,000.00$ 38,700.00$ 38,700.00$ A7 Traffic Control Items (Signs, Barricades, Channelizing Devices, LPCBs, etc.)MO 9 16,000.00$ 144,000.00$ 4,000.00$ 36,000.00$ 3,757.20$ 33,814.80$ 8,400.00$ 75,600.00$ A8 Arrow Boards for Traffic Control EA 5 5,000.00$ 25,000.00$ 6,000.00$ 30,000.00$ 7,006.00$ 35,030.00$ 9,200.00$ 46,000.00$ A9 Message Boards for Traffic Control (Full Matrix)EA 5 18,000.00$ 90,000.00$ 20,125.00$ 100,625.00$ 24,110.56$ 120,552.80$ 33,800.00$ 169,000.00$ A10 Temporary Traffic Signalization (Timber Pole, Span Wire, or Portable Signals)LS 1 60,000.00$ 60,000.00$ 51,318.75$ 51,318.75$ 55,335.00$ 55,335.00$ 82,200.00$ 82,200.00$ A11 Police Officers HR 150 55.00$ 8,250.00$ 100.00$ 15,000.00$ 161.20$ 24,180.00$ 110.00$ 16,500.00$ A12 Temporary Pavement for Detours SY 1000 40.00$ 40,000.00$ 90.00$ 90,000.00$ 71.92$ 71,920.00$ 83.00$ 83,000.00$ A13 Block Sodding SY 100 5.00$ 500.00$ 12.00$ 1,200.00$ 7.58$ 758.00$ 11.50$ 1,150.00$ A14 Silt Fence for Storm Water Pollution Prevention LF 480 2.00$ 960.00$ 4.25$ 2,040.00$ 4.34$ 2,083.20$ 2.90$ 1,392.00$ A15 Curb Inlet Protection EA 11 160.00$ 1,760.00$ 100.00$ 1,100.00$ 310.00$ 3,410.00$ 510.00$ 5,610.00$ A16 Storm Water Pollution Prevention Plan LS 1 12,000.00$ 12,000.00$ 30,000.00$ 30,000.00$ 70,680.00$ 70,680.00$ 4,800.00$ 4,800.00$ 523,870.00$ 640,581.98$ 815,891.80$ 747,023.00$ B1 Mobilization (Max 5% Part B)LS 1 28,000.00$ 28,000.00$ 40,000.00$ 40,000.00$ 64,480.00$ 64,480.00$ 30,000.00$ 30,000.00$ B2 Street Excavation SY 4995 18.00$ 89,910.00$ 19.00$ 94,905.00$ 26.66$ 133,166.70$ 36.00$ 179,820.00$ B3 6" Compacted Subgrade SY 847 5.50$ 4,658.50$ 3.00$ 2,541.00$ 13.64$ 11,553.08$ 15.50$ 13,128.50$ B4 12" Compacted Subgrade SY 4068 6.50$ 26,442.00$ 4.00$ 16,272.00$ 8.68$ 35,310.24$ 9.60$ 39,052.80$ PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 PART A - GENERAL SUBTOTAL PART A - GENERAL PART B - STREET IMPROVEMENTS 3636 S Alameda #B153 CC, TX 78411 TABULATION OF BIDS CITY OF CORPUS CHRISTI, TEXAS - CONTRACTS AND PROCUREMENT DEPT. SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC Page 1 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC B5 6" Crushed Limestone Flexible Base (Type A, Gr. 1-2)SY 533 24.00$ 12,792.00$ 22.00$ 11,726.00$ 37.20$ 19,827.60$ 42.00$ 22,386.00$ B6 8" Crushed Limestone Flexible Base (Type A, Gr. 1-2)SY 679 26.00$ 17,654.00$ 27.00$ 18,333.00$ 44.64$ 30,310.56$ 51.00$ 34,629.00$ B7 12" Crushed Limestone Flexible Base (Type A, Gr. 1-2)SY 3702 32.00$ 118,464.00$ 34.00$ 125,868.00$ 47.12$ 174,438.24$ 54.00$ 199,908.00$ B8 Prime Coat (0.15 GAL/SY)GAL 534 7.00$ 3,738.00$ 7.00$ 3,738.00$ 12.40$ 6,621.60$ 14.00$ 7,476.00$ B9 3" HMACP (Type D) Surface Course SY 3557 32.00$ 113,824.00$ 26.00$ 92,482.00$ 53.32$ 189,659.24$ 61.00$ 216,977.00$ B10 3" HMACP (Type B) Base Course SY 3408 32.00$ 109,056.00$ 37.00$ 126,096.00$ 52.08$ 177,488.64$ 59.00$ 201,072.00$ B11 Geogrid (Tensar TX-5)SY 3702 4.00$ 14,808.00$ 4.25$ 15,733.50$ 6.20$ 22,952.40$ 7.10$ 26,284.20$ B12 6" Concrete Pavement SY 150 107.00$ 16,050.00$ 80.00$ 12,000.00$ 142.60$ 21,390.00$ 220.00$ 33,000.00$ B13 9" Concrete Pavement SY 337 125.00$ 42,125.00$ 115.00$ 38,755.00$ 109.90$ 37,036.30$ 260.00$ 87,620.00$ B14 6" Concrete Driveway SF 1398 16.00$ 22,368.00$ 10.00$ 13,980.00$ 10.54$ 14,734.92$ 32.00$ 44,736.00$ B15 Concrete Wheel Stops EA 15 150.00$ 2,250.00$ 200.00$ 3,000.00$ 744.00$ 11,160.00$ 520.00$ 7,800.00$ B16 Unanticipated Concrete Driveway Removal SF 100 6.00$ 600.00$ 7.00$ 700.00$ 15.50$ 1,550.00$ 47.00$ 4,700.00$ B17 Asphalt Pavement Repair (Type 1)SY 500 170.00$ 85,000.00$ 98.00$ 49,000.00$ 111.60$ 55,800.00$ 180.00$ 90,000.00$ B18 2" Mill and Overlay SY 2879 32.00$ 92,128.00$ 28.00$ 80,612.00$ 57.04$ 164,218.16$ 65.00$ 187,135.00$ B19 Asphalt Pavement (Parking Lot)SY 590 32.00$ 18,880.00$ 30.00$ 17,700.00$ 124.00$ 73,160.00$ 140.00$ 82,600.00$ B20 Adjust Existing Manhole to Finish Grade EA 7 1,200.00$ 8,400.00$ 1,800.00$ 12,600.00$ 1,550.00$ 10,850.00$ 2,800.00$ 19,600.00$ B21 Pavement Markings (Turn Arrow Markings (Through, Turn, And Turn And Through) – White, Type C Heat Applied, 125 Mil Preformed Thermoplastic EA 11 400.00$ 4,400.00$ 450.00$ 4,950.00$ 465.00$ 5,115.00$ 730.00$ 8,030.00$ B22 Pavement Markings (ONLY) Markings – White, Type C Heat Applied, 125 Mil Preformed Thermoplastic EA 6 354.00$ 2,124.00$ 390.00$ 2,340.00$ 279.00$ 1,674.00$ 630.00$ 3,780.00$ B23 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 Mil Thickness – Yellow 4” Solid LF 514 1.50$ 771.00$ 1.50$ 771.00$ 1.55$ 796.70$ 2.40$ 1,233.60$ Page 2 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC B24 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 Mil Thickness – White 4” Dotted LF 190 1.50$ 285.00$ 1.50$ 285.00$ 1.55$ 294.50$ 2.40$ 456.00$ B25 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 Mil Thickness – White 4” Broken LF 375 1.50$ 562.50$ 1.50$ 562.50$ 1.55$ 581.25$ 2.40$ 900.00$ B26 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 Mil Thickness – White 4” Solid LF 1000 1.50$ 1,500.00$ 1.50$ 1,500.00$ 1.55$ 1,550.00$ 2.40$ 2,400.00$ B27 Pavement Marking, Reflectorized Thermoplastic, Type I, 90 Mil Thickness – White 8” Solid LF 470 3.00$ 1,410.00$ 3.00$ 1,410.00$ 3.10$ 1,457.00$ 4.80$ 2,256.00$ B28 Pavement Markings (24” Wide, White, Type C Heat Applied, 125 Mil, Preformed Themoplastic “Stop Bar” Marking Lines) LF 225 17.00$ 3,825.00$ 19.20$ 4,320.00$ 19.84$ 4,464.00$ 31.00$ 6,975.00$ B29 Pavement Markings (18" Height, White, Type C Heat Applied, 125 Mil, Preformed Themoplastic “Yield Triangle”) LF 16 23.00$ 368.00$ 25.80$ 412.80$ 26.66$ 426.56$ 42.00$ 672.00$ B30 TY I-C Raised Pavement Marker (Reflectorized)EA 20 8.00$ 160.00$ 9.00$ 180.00$ 9.30$ 186.00$ 14.50$ 290.00$ B31 TY II-A-A Raised Pavement Marker (Reflectorized)EA 54 8.00$ 432.00$ 9.00$ 486.00$ 9.30$ 502.20$ 14.50$ 783.00$ B32 TY II-B-B Raised Pavement Marker (Reflectorized) (Fire Hydrant)EA 8 8.00$ 64.00$ 9.00$ 72.00$ 9.30$ 74.40$ 14.50$ 116.00$ B33 Furnish And Install Roadside Traffic Sign And Sign Support Assembly (Triangular Slipbase System)EA 41 600.00$ 24,600.00$ 660.00$ 27,060.00$ 682.00$ 27,962.00$ 1,100.00$ 45,100.00$ B34 Special Street Sign and Mounting Bracket (Mount Sign to Existing Pole)LS 1 1,600.00$ 1,600.00$ 1,740.00$ 1,740.00$ 1,798.00$ 1,798.00$ 2,800.00$ 2,800.00$ B35 Removal Of Sign And Sign Support Assembly EA 40 93.00$ 3,720.00$ 102.00$ 4,080.00$ 105.40$ 4,216.00$ 360.00$ 14,400.00$ Page 3 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC B36 Remove and Replace Sign on Exist. Sign support Assembly EA 3 380.00$ 1,140.00$ 420.00$ 1,260.00$ 1,054.00$ 3,162.00$ 680.00$ 2,040.00$ B37 Remove Existing Strain Pole and Foundation EA 1 1,300.00$ 1,300.00$ 1,440.00$ 1,440.00$ 1,488.00$ 1,488.00$ 2,400.00$ 2,400.00$ B38 6" Galv. Stl. Bollards EA 4 1,400.00$ 5,600.00$ 1,200.00$ 4,800.00$ 1,922.00$ 7,688.00$ 2,600.00$ 10,400.00$ B39 Allowance for Unanticipated Street - Related Improvements 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$ 906,009.00$ 858,710.80$ 1,344,143.29$ 1,657,956.10$ C1 Mobilization (Max 5% Part C)LS 1 8,000.00$ 8,000.00$ 9,500.00$ 9,500.00$ 18,600.00$ 18,600.00$ 6,800.00$ 6,800.00$ C2 4" Thick Concrete Sidewalk SF 8,174 8.00$ 65,392.00$ 7.50$ 61,305.00$ 9.92$ 81,086.08$ 15.00$ 122,610.00$ C3 Decomposed Granite (Stabilized)SF 3,535 9.00$ 31,815.00$ 10.50$ 37,117.50$ 21.70$ 76,709.50$ 15.00$ 53,025.00$ C4 6" Baselok Geocell GC306 SF 3,535 3.00$ 10,605.00$ 2.50$ 8,837.50$ 28.52$ 100,818.20$ 3.70$ 13,079.50$ C5 Non-Woven Geotextile SF 3,535 3.00$ 10,605.00$ 1.50$ 5,302.50$ 22.32$ 78,901.20$ 1.55$ 5,479.25$ C6 Concrete Curb Ramp SF 1,114 24.00$ 26,736.00$ 24.00$ 26,736.00$ 30.67$ 34,166.38$ 62.00$ 69,068.00$ C7 Plaza Concrete Benches (6' long)EA 5 3,500.00$ 17,500.00$ 2,500.00$ 12,500.00$ 3,500.00$ 17,500.00$ 6,800.00$ 34,000.00$ C8 18" High Retaining Concrete Curb LF 192 80.00$ 15,360.00$ 45.00$ 8,640.00$ 111.60$ 21,427.20$ 110.00$ 21,120.00$ C9 6" Sidewalk Retaining Curb LF 45 53.00$ 2,385.00$ 20.00$ 900.00$ 48.01$ 2,160.45$ 140.00$ 6,300.00$ C10 Pavement Markings (Crosswalk Markings – Total LF of 24” Wide, White, Type C Heat Applied, 125 Mil Preformed Themoplastic) LF 670 18.00$ 12,060.00$ 18.40$ 12,328.00$ 19.84$ 13,292.80$ 31.00$ 20,770.00$ C11 Pavement Markings (Crosswalk Markings – Total LF of 24” Wide, High Contrast, Type C Heat Applied, 125 Mil Preformed Themoplastic) LF 80 18.00$ 1,440.00$ 18.40$ 1,472.00$ 19.84$ 1,587.20$ 31.00$ 2,480.00$ C12 Unanticipated Concrete Sidewalk Removal SF 200 4.00$ 800.00$ 5.00$ 1,000.00$ 9.92$ 1,984.00$ 38.00$ 7,600.00$ C13 Allowance for Unanticipated ADA Improvements AL 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 212,698.00$ 195,638.50$ 458,233.01$ 372,331.75$ PART D - I.T. IMPROVEMENTS SUBTOTAL PART C - ADA IMPROVEMENTS SUBTOTAL PART B - STREET IMPROVEMENTS PART C - ADA IMPROVEMENTS Page 4 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC D1 Mobilization (Max 5% Part D)LS 1 500.00$ 500.00$ 850.00$ 850.00$ 744.00$ 744.00$ 600.00$ 600.00$ D2 Conduit (PVC) (Sch. 40) (2") with Mule Tape LF 21 22.00$ 462.00$ 24.00$ 504.00$ 26.04$ 546.84$ 39.00$ 819.00$ D3 Conduit (PVC) (Sch. 40) (2") (Bore) with Mule Tape LF 252 32.00$ 8,064.00$ 36.00$ 9,072.00$ 37.20$ 9,374.40$ 58.00$ 14,616.00$ D4 24"x36"x24" Pullbox (Handhole)EA 2 2,000.00$ 4,000.00$ 2,312.50$ 4,625.00$ 2,294.00$ 4,588.00$ 3,600.00$ 7,200.00$ 13,026.00$ 15,051.00$ 15,253.24$ 23,235.00$ E1 Mobilization (Max 5% Part E)LS 1 15,000.00$ 15,000.00$ 18,000.00$ 18,000.00$ 19,592.00$ 19,592.00$ 15,000.00$ 15,000.00$ E2 Drill Shaft (Trf. Sig. Pole) (24")LF 26 351.00$ 9,126.00$ 212.75$ 5,531.50$ 229.40$ 5,964.40$ 360.00$ 9,360.00$ E3 Drill Shaft (Trf. Sig. Pole) (36")LF 78 465.00$ 36,270.00$ 290.00$ 22,620.00$ 359.60$ 28,048.80$ 560.00$ 43,680.00$ E4 Conduit (PVC) (Sch. 40) (2") LF 320 29.00$ 9,280.00$ 20.70$ 6,624.00$ 22.32$ 7,142.40$ 35.00$ 11,200.00$ E5 Conduit (PVC) (Sch. 40) (4")LF 275 31.00$ 8,525.00$ 23.00$ 6,325.00$ 24.80$ 6,820.00$ 39.00$ 10,725.00$ E6 Conduit (PVC) (Sch. 40) (2") (Bore)LF 300 55.00$ 16,500.00$ 28.75$ 8,625.00$ 31.00$ 9,300.00$ 48.00$ 14,400.00$ E7 Conduit (PVC) (Sch. 40) (4") (Bore)LF 820 59.00$ 48,380.00$ 37.95$ 31,119.00$ 40.92$ 33,554.40$ 64.00$ 52,480.00$ E8 2 Condr. (No. 12) with Ground (Luminaire Wire)LF 675 2.00$ 1,350.00$ 2.01$ 1,356.75$ 2.17$ 1,464.75$ 3.40$ 2,295.00$ E9 Elec. Condr. (No. 6) Bare LF 16 2.00$ 32.00$ 2.07$ 33.12$ 2.23$ 35.68$ 3.50$ 56.00$ E10 Elec. Condr. (No. 6) Insulated LF 32 2.00$ 64.00$ 2.13$ 68.16$ 2.29$ 73.28$ 3.60$ 115.20$ E11 Elec. Condr. (No. 8) Bare LF 1285 2.00$ 2,570.00$ 1.96$ 2,518.60$ 2.11$ 2,711.35$ 3.30$ 4,240.50$ E12 Tray Cable (3 Condr.) (12 AWG)LF 1110 2.30$ 2,553.00$ 2.42$ 2,686.20$ 2.60$ 2,886.00$ 4.10$ 4,551.00$ E13 Tray Cable (3 Condr.) (14 AWG)LF 615 2.40$ 1,476.00$ 2.53$ 1,555.95$ 2.73$ 1,678.95$ 4.30$ 2,644.50$ E14 Ground Box Type D (162922) W/ Apron EA 7 1,080.00$ 7,560.00$ 1,138.50$ 7,969.50$ 1,227.60$ 8,593.20$ 1,900.00$ 13,300.00$ E15 Install Highway Traffic Signal (Isolated)EA 1 6,000.00$ 6,000.00$ 6,325.00$ 6,325.00$ 6,820.00$ 6,820.00$ 10,600.00$ 10,600.00$ E16 ELC SRV TY D 120/240 060 (NS)SS(E)PS(U)EA 1 5,700.00$ 5,700.00$ 5,980.00$ 5,980.00$ 6,448.00$ 6,448.00$ 10,100.00$ 10,100.00$ E17 ILSN (LED) 6S (Duralight) (Rigid Back Mount)EA 2 3,300.00$ 6,600.00$ 2,875.00$ 5,750.00$ 3,100.00$ 6,200.00$ 4,800.00$ 9,600.00$ E18 ILSN (LED) 8S (Duralight) (Rigid Back Mount)EA 4 4,050.00$ 16,200.00$ 3,680.00$ 14,720.00$ 3,968.00$ 15,872.00$ 6,200.00$ 24,800.00$ SUBTOTAL PART D - I.T. IMPROVEMENTS PART E - SIGNALIZATION IMPROVEMENTS Page 5 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC E19 Louvered Vacuum Formed ABS Back Plate (12") (3 SEC)EA 12 665.00$ 7,980.00$ 115.00$ 1,380.00$ 124.00$ 1,488.00$ 190.00$ 2,280.00$ E20 Louvered Vacuum Formed ABS Back Plate (12") (4 SEC)EA 2 700.00$ 1,400.00$ 146.05$ 292.10$ 157.48$ 314.96$ 250.00$ 500.00$ E21 Ped. Sig. Sec. (LED) (Countdown) (16 inch)EA 8 1,070.00$ 8,560.00$ 546.25$ 4,370.00$ 589.00$ 4,712.00$ 920.00$ 7,360.00$ E22 Trf. Sig. Cbl. (Type A) (12 AWG) (4 Condr.)LF 800 2.00$ 1,600.00$ 1.96$ 1,568.00$ 2.11$ 1,688.00$ 3.30$ 2,640.00$ E23 Trf. Sig. Cbl. (Type A) (14 AWG) (5 Condr.)LF 250 2.00$ 500.00$ 2.13$ 532.50$ 2.29$ 572.50$ 3.60$ 900.00$ E24 Trf. Sig. Cbl. (Type A) (14 AWG) (7 Condr.)LF 115 2.30$ 264.50$ 2.42$ 278.30$ 2.60$ 299.00$ 4.10$ 471.50$ E25 Trf. Sig. Cbl. (Type A) (14 AWG) (16 Condr.)LF 940 5.00$ 4,700.00$ 5.18$ 4,869.20$ 5.58$ 5,245.20$ 8.70$ 8,178.00$ E26 Ins. Trf. Sig. PL AM (S) 1 Arm (24') Lum. & ILSN EA 3 9,500.00$ 28,500.00$ 9,775.00$ 29,325.00$ 10,540.00$ 31,620.00$ 16,400.00$ 49,200.00$ E27 Ins. Trf. Sig. PL AM (S) 1 Arm (32') Lum. & ILSN EA 1 9,700.00$ 9,700.00$ 10,062.50$ 10,062.50$ 10,850.00$ 10,850.00$ 16,900.00$ 16,900.00$ E28 Ins. Trf. Sig. PL AM (S) 1 Arm (40') Lum. & 2 ILSNs EA 1 11,600.00$ 11,600.00$ 12,075.00$ 12,075.00$ 13,020.00$ 13,020.00$ 20,300.00$ 20,300.00$ E29 Ped. Pole Assembly EA 4 1,550.00$ 6,200.00$ 1,437.50$ 5,750.00$ 1,550.00$ 6,200.00$ 2,400.00$ 9,600.00$ E30 Ped. Detect Push Button (APS) w/ R10-3E sign EA 8 1,050.00$ 8,400.00$ 897.00$ 7,176.00$ 967.20$ 7,737.60$ 1,500.00$ 12,000.00$ E31 Ped. Detector Controller Unit EA 1 4,300.00$ 4,300.00$ 4,370.00$ 4,370.00$ 4,712.00$ 4,712.00$ 7,300.00$ 7,300.00$ E32 Veh. Sig. Sec. (12") LED (Grn.)EA 10 460.00$ 4,600.00$ 282.90$ 2,829.00$ 305.04$ 3,050.40$ 480.00$ 4,800.00$ E33 Veh. Sig. Sec. (12") LED (Grn. Arrow)EA 4 460.00$ 1,840.00$ 282.90$ 1,131.60$ 305.04$ 1,220.16$ 480.00$ 1,920.00$ E34 Veh. Sig. Sec. (12") LED (Yel.)EA 12 460.00$ 5,520.00$ 282.90$ 3,394.80$ 305.04$ 3,660.48$ 480.00$ 5,760.00$ E35 Veh. Sig. Sec. (12") LED (Yel. Arrow)EA 4 460.00$ 1,840.00$ 282.90$ 1,131.60$ 305.04$ 1,220.16$ 480.00$ 1,920.00$ E36 Veh. Sig. Sec. (12") LED (Red)EA 12 460.00$ 5,520.00$ 282.90$ 3,394.80$ 305.04$ 3,660.48$ 480.00$ 5,760.00$ E37 Veh. Sig. Sec. (12") LED (Red Arrow)EA 2 460.00$ 920.00$ 282.90$ 565.80$ 305.04$ 610.08$ 480.00$ 960.00$ Page 6 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC E38 Alpha FXM 2000 Uninterruptible Power Supply with Cabinet (include Remote Battery Monitoring System Plus) EA 1 7,060.00$ 7,060.00$ 7,245.00$ 7,245.00$ 7,812.00$ 7,812.00$ 12,200.00$ 12,200.00$ E39 Radar Presence Detector (Wavetronix)EA 5 7,300.00$ 36,500.00$ 10,000.00$ 50,000.00$ 8,060.00$ 40,300.00$ 12,600.00$ 63,000.00$ E40 Wavetronix Click 656 Cabinet Interface Device EA 1 6,700.00$ 6,700.00$ 6,871.25$ 6,871.25$ 7,409.00$ 7,409.00$ 11,600.00$ 11,600.00$ E41 Radar Presence Detector Comm. & Power Cable (Smartsensor 6/C)LF 1090 2.70$ 2,943.00$ 2.82$ 3,073.80$ 3.04$ 3,313.60$ 4.70$ 5,123.00$ E42 Camera PTZ (Pelco Spectra Enhanced Series)EA 2 4,800.00$ 9,600.00$ 4,830.00$ 9,660.00$ 5,208.00$ 10,416.00$ 8,100.00$ 16,200.00$ E43 Ethernet Cable CAT5E for PTZ LF 455 5.50$ 2,502.50$ 5.75$ 2,616.25$ 10.29$ 4,681.95$ 9.70$ 4,413.50$ E44 Mast Arm Damping Plate EA 5 725.00$ 3,625.00$ 563.50$ 2,817.50$ 607.60$ 3,038.00$ 950.00$ 4,750.00$ E45 Controller Cabinet (TS-2) with Extension EA 1 13,600.00$ 13,600.00$ 14,375.00$ 14,375.00$ 15,500.00$ 15,500.00$ 24,200.00$ 24,200.00$ E46 Controller Foundation EA 1 2,550.00$ 2,550.00$ 2,702.50$ 2,702.50$ 2,914.00$ 2,914.00$ 4,500.00$ 4,500.00$ E47 Controller Econolite Cobalt ATC 1000 EA 1 4,200.00$ 4,200.00$ 4,226.25$ 4,226.25$ 4,557.00$ 4,557.00$ 7,100.00$ 7,100.00$ E48 MMU2-16LEip With Ethernet Port EA 1 1,430.00$ 1,430.00$ 1,311.00$ 1,311.00$ 1,413.60$ 1,413.60$ 2,200.00$ 2,200.00$ E49 Cisco Ethernet 4000 Switch (IE-4000- 8GT8GP4G-E) and Power Supply (PWR- IE170W-PC-AC=) EA 1 10,300.00$ 10,300.00$ 10,659.35$ 10,659.35$ 11,493.56$ 11,493.56$ 17,900.00$ 17,900.00$ E50 Data Aggregator DA-400, Power/Comm Cable and 5-Band Antenna (includes Y SDLC cable and antenna bracket side mount with protection cover) EA 1 7,000.00$ 7,000.00$ 9,130.00$ 9,130.00$ 7,688.00$ 7,688.00$ 12,000.00$ 12,000.00$ E51 Allowance for Unanticipated Signalization Improvements AL 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 425,141.00$ 376,991.88$ 395,622.94$ 593,083.20$ F1 Mobilization (Max 5% Part F)LS 1 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 9,300.00$ 9,300.00$ 8,500.00$ 8,500.00$ SUBTOTAL PART E - SIGNALIZATION IMPR PART F - STRMWTR DRAINAGE IMPROVEMENTS Page 7 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC F2 18" Dia. RCP (Class III)LF 25 154.00$ 3,850.00$ 162.25$ 4,056.25$ 193.44$ 4,836.00$ 410.00$ 10,250.00$ F3 24" Dia. RCP (Class III)LF 14 176.00$ 2,464.00$ 197.65$ 2,767.10$ 221.71$ 3,103.94$ 750.00$ 10,500.00$ F4 30" Dia. RCP (Class III)LF 42 197.00$ 8,274.00$ 275.53$ 11,572.26$ 242.79$ 10,197.18$ 380.00$ 15,960.00$ F5 Tie-In Existing 18" Dia. RCP EA 2 650.00$ 1,300.00$ 1,770.00$ 3,540.00$ 1,281.33$ 2,562.66$ 1,400.00$ 2,800.00$ F6 Tie-In Existing 24" Dia. RCP EA 1 800.00$ 800.00$ 2,950.00$ 2,950.00$ 1,405.33$ 1,405.33$ 2,300.00$ 2,300.00$ F7 Tie-In Existing 30" Dia. RCP EA 1 900.00$ 900.00$ 4,130.00$ 4,130.00$ 1,529.33$ 1,529.33$ 2,600.00$ 2,600.00$ F8 Plug 18" RCP EA 2 400.00$ 800.00$ 590.00$ 1,180.00$ 744.00$ 1,488.00$ 2,600.00$ 5,200.00$ F9 Tie-In to Proposed Inlet EA 4 380.00$ 1,520.00$ 5,664.00$ 22,656.00$ 4,960.00$ 19,840.00$ 1,100.00$ 4,400.00$ F10 Tie-In to Proposed Manhole EA 4 400.00$ 1,600.00$ 5,900.00$ 23,600.00$ 5,580.00$ 22,320.00$ 1,100.00$ 4,400.00$ F11 Tie-In to Existing Manhole EA 1 600.00$ 600.00$ 1,770.00$ 1,770.00$ 6,820.00$ 6,820.00$ 1,300.00$ 1,300.00$ F12 Sidewalk Drain EA 5 3,500.00$ 17,500.00$ 1,750.00$ 8,750.00$ 3,348.00$ 16,740.00$ 5,000.00$ 25,000.00$ F13 5' Standard Curb Inlet EA 2 6,500.00$ 13,000.00$ 6,490.00$ 12,980.00$ 6,758.00$ 13,516.00$ 13,600.00$ 27,200.00$ F14 5' Curb Inlet Extension EA 2 2,200.00$ 4,400.00$ 5,900.00$ 11,800.00$ 1,364.00$ 2,728.00$ 5,800.00$ 11,600.00$ F15 4' Dia. Concrete Storm Water Manhole (Type 'A')EA 1 5,900.00$ 5,900.00$ 8,260.00$ 8,260.00$ 7,440.00$ 7,440.00$ 26,100.00$ 26,100.00$ F16 8' Dia. Concrete Storm Water Manhole (Type 'A')EA 1 16,000.00$ 16,000.00$ 34,500.00$ 34,500.00$ 25,748.00$ 25,748.00$ 29,500.00$ 29,500.00$ F17 Remove and Replace Existing Curb Inlet Top w/ New Top EA 3 2,400.00$ 7,200.00$ 4,720.00$ 14,160.00$ 4,477.00$ 13,431.00$ 8,600.00$ 25,800.00$ F18 6" Concrete Curb and Gutter LF 878 34.00$ 29,852.00$ 22.00$ 19,316.00$ 22.32$ 19,596.96$ 39.00$ 34,242.00$ F19 6" Concrete Curb LF 482 8.00$ 3,856.00$ 18.00$ 8,676.00$ 36.31$ 17,501.42$ 30.00$ 14,460.00$ F20 Trench Safety for Storm Water Conduits LF 263 6.00$ 1,578.00$ 5.90$ 1,551.70$ 5.28$ 1,388.64$ 49.00$ 12,887.00$ F21 Trench Safety for Storm Water Manhole, Junction Box, and Inlets EA 1 200.00$ 200.00$ 1,770.00$ 1,770.00$ 620.00$ 620.00$ 3,500.00$ 3,500.00$ F22 Allowance for Unanticipated Storm Water Improvements AL 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 136,594.00$ 219,985.31$ 212,112.46$ 288,499.00$ G1 Mobilization (Max. 5% of Part G)LS 1 15,000.00$ 15,000.00$ 18,500.00$ 18,500.00$ 10,540.00$ 10,540.00$ 6,800.00$ 6,800.00$ G2 8" PVC C900 Waterline LF 610 150.00$ 91,500.00$ 96.00$ 58,560.00$ 81.03$ 49,428.30$ 120.00$ 73,200.00$ G3 8" DI Waterline LF 130 178.00$ 23,140.00$ 210.00$ 27,300.00$ 147.58$ 19,185.40$ 190.00$ 24,700.00$ SUBTOTAL PART F - STRMWTR DRAINAGE IMPR PART G - WATER IMPROVEMENTS Page 8 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC G4 12" DI Waterline LF 30 233.00$ 6,990.00$ 294.00$ 8,820.00$ 180.61$ 5,418.30$ 680.00$ 20,400.00$ G5 12" PVC C900 Waterline LF 261 263.00$ 68,643.00$ 234.00$ 61,074.00$ 100.01$ 26,102.61$ 200.00$ 52,200.00$ G6 8" 45˚ DIMJ Bend EA 13 424.00$ 5,512.00$ 840.00$ 10,920.00$ 292.64$ 3,804.32$ 380.00$ 4,940.00$ G7 8" X 6" DIMJ Tee EA 4 521.00$ 2,084.00$ 840.00$ 3,360.00$ 354.64$ 1,418.56$ 790.00$ 3,160.00$ G8 8" X 8" DIMJ Tee EA 1 634.00$ 634.00$ 900.00$ 900.00$ 477.40$ 477.40$ 1,500.00$ 1,500.00$ G9 8" X 8" Tapping Sleeve and Valve EA 1 9,330.00$ 9,330.00$ 9,000.00$ 9,000.00$ 5,642.00$ 5,642.00$ 4,000.00$ 4,000.00$ G10 12" 45˚ DIMJ Bend EA 8 773.00$ 6,184.00$ 1,020.00$ 8,160.00$ 481.12$ 3,848.96$ 980.00$ 7,840.00$ G11 12" X 8" DIMJ Tee EA 1 995.00$ 995.00$ 1,080.00$ 1,080.00$ 612.56$ 612.56$ 1,700.00$ 1,700.00$ G12 12" X 8" Tapping Sleeve and Valve EA 1 10,400.00$ 10,400.00$ 10,800.00$ 10,800.00$ 8,686.20$ 8,686.20$ 5,100.00$ 5,100.00$ G13 12" X 12" DIMJ Tee EA 2 1,100.00$ 2,200.00$ 1,440.00$ 2,880.00$ 797.32$ 1,594.64$ 1,700.00$ 3,400.00$ G14 12" X 12" Tapping Sleeve and Valve EA 2 13,000.00$ 26,000.00$ 12,600.00$ 25,200.00$ 9,324.80$ 18,649.60$ 7,300.00$ 14,600.00$ G15 8" Water Valve EA 3 1,400.00$ 4,200.00$ 1,920.00$ 5,760.00$ 1,551.24$ 4,653.72$ 2,100.00$ 6,300.00$ G16 12" Water Valve EA 4 2,800.00$ 11,200.00$ 4,680.00$ 18,720.00$ 3,137.20$ 12,548.80$ 3,600.00$ 14,400.00$ G17 6" Plug EA 1 207.00$ 207.00$ 660.00$ 660.00$ 279.00$ 279.00$ 940.00$ 940.00$ G18 8" Plug EA 1 400.00$ 400.00$ 900.00$ 900.00$ 353.40$ 353.40$ 1,000.00$ 1,000.00$ G19 12" Plug EA 3 466.00$ 1,398.00$ 1,020.00$ 3,060.00$ 651.00$ 1,953.00$ 690.00$ 2,070.00$ G20 New Fire Hydrant Assembly (Type 1)EA 2 11,000.00$ 22,000.00$ 8,160.00$ 16,320.00$ 4,203.60$ 8,407.20$ 6,800.00$ 13,600.00$ G21 New Fire Hydrant Assembly (Type 2)EA 2 8,000.00$ 16,000.00$ 12,000.00$ 24,000.00$ 4,634.60$ 9,269.20$ 7,100.00$ 14,200.00$ G22 Remove Fire Hydrant EA 2 1,030.00$ 2,060.00$ 600.00$ 1,200.00$ 682.00$ 1,364.00$ 1,000.00$ 2,000.00$ G23 1" Water Service Connection (Including Meter Assembly and Meter Box) EA 5 1,140.00$ 5,700.00$ 3,000.00$ 15,000.00$ 2,153.88$ 10,769.40$ 1,800.00$ 9,000.00$ G24 Trench Safety for Water Lines LF 1031 2.00$ 2,062.00$ 6.00$ 6,186.00$ 2.48$ 2,556.88$ 6.40$ 6,598.40$ G25 Allowance for Fire Line Reconnects 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$ G26 Allowance for Unanticipated Water Improvements AL 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 368,839.00$ 373,360.00$ 242,563.45$ 328,648.40$ H1 Mobilization (Max. 5% of Part H)LS 1 25,000.00$ 25,000.00$ 15,000.00$ 15,000.00$ 34,720.00$ 34,720.00$ 21,000.00$ 21,000.00$ H2 5' Diameter Wastewater Manhole (Rehabilitate)EA 3 23,500.00$ 70,500.00$ 14,750.00$ 44,250.00$ 12,042.88$ 36,128.64$ 40,200.00$ 120,600.00$ PART H - WASTEWATER IMPROVEMENTS SUBTOTAL PART G - WATER IMPROVEMENTS Page 9 of 10 RFB #3256 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PROJECT NO. E17036 1901 Hollister 6229 Leopard St 401 Corn Products Rd Houston, TX 77080 CC, TX 78409 CC, TX 78409 3636 S Alameda #B153 CC, TX 78411 SIX POINTS INTERSECTION STREET AND SIGNAL IMPROVEMENTS Reytec Construction Resources Clark Pipeline Services LLC Bay LtdMako Contracting LLC H3 4' Diameter Wastewater Manhole (Rehabilitate)EA 3 18,500.00$ 55,500.00$ 11,800.00$ 35,400.00$ 10,115.92$ 30,347.76$ 31,800.00$ 95,400.00$ H4 6' Diameter Wastewater Manhole (Fiberglass)EA 1 33,800.00$ 33,800.00$ 20,650.00$ 20,650.00$ 16,666.84$ 16,666.84$ 63,600.00$ 63,600.00$ H5 Remove Existing Manhole EA 1 5,500.00$ 5,500.00$ 4,130.00$ 4,130.00$ 4,960.00$ 4,960.00$ 12,600.00$ 12,600.00$ H6 Adjust Existing Wastewater Manhole Rim to Grade EA 5 1,800.00$ 9,000.00$ 2,360.00$ 11,800.00$ 2,089.40$ 10,447.00$ 3,500.00$ 17,500.00$ H7 10" SDR 26 PVC Wastewater Main (14' - 16' Depth)LF 21 380.00$ 7,980.00$ 295.00$ 6,195.00$ 212.04$ 4,452.84$ 270.00$ 5,670.00$ H8 10" VCP Rehabilitated w/CIPP LF 287 150.00$ 43,050.00$ 175.82$ 50,460.34$ 109.36$ 31,386.32$ 97.00$ 27,839.00$ H9 Remove 10" VCP Wastewater Main (14' - 16' Depth) with Concrete Cradle LF 21 20.00$ 420.00$ 118.00$ 2,478.00$ 109.12$ 2,291.52$ 120.00$ 2,520.00$ H10 18" VCP Rehabilitated w/CIPP LF 770 200.00$ 154,000.00$ 303.00$ 233,310.00$ 145.08$ 111,711.60$ 150.00$ 115,500.00$ H11 24" PVC ASTM F679 (PS115) Wastewater Main (14' - 16' Depth)LF 326 446.00$ 145,396.00$ 374.90$ 122,217.40$ 653.00$ 212,878.00$ 230.00$ 74,980.00$ H12 Remove 24" DI Wastewater Main (14' - 16' Depth) with Concrete Cradle LF 326 40.00$ 13,040.00$ 115.00$ 37,490.00$ 200.00$ 65,200.00$ 258.00$ 84,108.00$ H13 Bypass Pumping of Raw Sewage LS 1 20,000.00$ 20,000.00$ 40,250.00$ 40,250.00$ 142,600.00$ 142,600.00$ 152,632.00$ 152,632.00$ H14 Trench Safety (Wastewater Manholes)EA 7 300.00$ 2,100.00$ 1,725.00$ 12,075.00$ 1,250.00$ 8,750.00$ 4,800.00$ 33,600.00$ H15 Trench Safety for Wastewater Main LF 347 8.00$ 2,776.00$ 5.75$ 1,995.25$ 9.92$ 3,442.24$ 150.00$ 52,050.00$ H16 Allowance for Unaticipated Wastewater Improvements AL 1 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 603,062.00$ 652,700.99$ 730,982.76$ 894,599.00$ 3,189,239.00$ 3,333,020.46$ 4,214,802.95$ 4,905,375.45$ Shaded areas indicate Bidder error in extension - extended amounts shown have been corrected SUBTOTAL PART H - WASTEWATER IMPR TOTAL BASE BID - (PARTS A THRU H) Page 10 of 10 37 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Project Number: E17036LOCATION MAP NOT TO SCALE VICINITY MAP NOT TO SCALE SIX POINTS IMPROVEMENTS PROJECT LOCATION PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SIX POINTS IMPROVEMENTS Project Number: E17036AERIAL MAP NOT TO SCALE PAL M E R O S T.STAPLES ST.AYER S S T. CLIF F O R D S T.BROWNLEE BLVD .10TH ST .ALAMEDA ST .STAPLES ST.PROJECT LOCATION DATE: December 21, 2020 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste DavidL3@cctexas.com (361) 826-1966 Josh Chronley, Interim Director Contracts and Procurement Joshc2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing execution of a three -year service agreement, with three three-year renewals, with BFI Waste Services of Texas, L.P., doing business as Republic Services of Corpus Christi, for the processing, marketing, and sale of recyclable commodities for an approximate initial term amount of up to $3,100,000.00, to be effective February 1, 2021. SUMMARY: This motion authorizes a long-term agreement for the processing, marketing and sales of recyclable commodities. BACKGROUND AND FINDINGS: The agreement for recycling services with BFI Waste Services of Texas, L.P. (Republic Services) expires on January 31, 2021. Soon after this contract began in 2011, revenues from the sale of recyclable commodities, shared between the City and Republic Services, diminished to a level that prompted an amendment to the recycling services agreement. Effective May 1, 2017, the processing fee increased from $74.70 to a fixed $90.00 per ton, and increased the City’s share of revenue from the sale of commodities from 60% to 85%. The agreement’s ending date remained January 31, 2021. The City’s Contracts and Procurement Department issued a Request for Proposal (RFP) for recycling services on March 30, 2020. The RFP sought to obtain a qualified firm(s) to manage the City’s landfill and/or recycling services. Republic Services was the only firm Recycling Services Agreement AGENDA MEMORANDUM Action Item for the City Council Meeting January 12, 2021 to submit a proposal for recycling services. The proposed processing fee was $148 per ton with an 80% revenue share to the City. Shown below is a table of the current, proposed and agreed to contract fees. The City has made a substantial investment in recycling. With the new recycling services agreement, the City’s overall annual expense for recycling programs will total ~$2.6 million. This includes $350,000 for education, $821,000 for curb-side collection, $400,000 for compliance inspection, and ~$1,051,000 for the recycling services contract. ALTERNATIVES: Alternatives include discontinuing recycling collections, the City operating its own processing and materials marketing program, additional efforts to identify private sector partners, or a combination of these actions. FISCAL IMPACT: The fiscal impact for the FY 2021 General Fund, Solid Waste Services budget, is approximately $300,000, with annual impacts of $400,000 in years 2 and 3 of the agreement. Note that for FY 2021, there are sufficient savings from the new landfill operations contract to offset the increased cost for recycling services. The estimated annual contract expense will be budgeted in future years through the annual budget process. Total estimated expenses for eight months of funding in FY 2021 is $1,133,887, with offsetting revenues share estimated at $433,000. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12512 Recycling Collection Mission Element: 032 Project # (CIP Only): ---- Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a n initial three-year service agreement with BFI Waste Services of Texas, L.P., doing business as Republic Services of Corpus Christi, for the processing, marketing and sales of recyclable commodities, with successive renewal periods of three years each, not to exceed a total of twelve years. LIST OF SUPPORTING DOCUMENTS: Service Agreement RECYCLING CONTRACT COMPARISON Current Republic Proposed Agreed Processing Fee (per ton)$90.00 $148.00 $126.00 Revenue Share Percent 85.0%80.0%*100% - 50% Annual Tons 13,500 13,500 13,500 Processing Fees $1,215,000 $1,998,000 $1,701,000 Potential Revenue Share **$552,500 $520,500 $650,000 Expense to City $662,500 $1,477,500 $1,051,000 *Revenue Share is 100% until Processing Fees are offset, then 50% **Based on average of last 5 years DATE: January 12, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com 361-826-3851 Heather Hurlbert, Director of Finance & Business Analysis heatherh3@cctexas.com 361-826-3227 CAPTION: Ordinance amending Ordinance No. 032311 to increase the appropriation of Type B funding for the Cole Park Pier to $5,000,000 from the unreserved fund balance of the Type B Sales Tax Fund, decrease the appropriation of the unreserved balance of the General Fund to $1,527,670, transferring funds in the amount of $7,777,670 to the Park CIP Fund and amending the budget. SUMMARY: The appropriation of additional funds for a total appropriation of $5,000,000 from the Type B Corporation will provide funding for the reconstruction of Cole Park Pier with significantly improved public amenities. BACKGROUND AND FINDINGS: On December 22, 2020, a construction contract was awarded to JM Davidson Ltd. for Cole Park Pier Improvements, located in Council District 2, in an amount not to exceed $7,542,527 with funding of $4,415,430 from the Type B Sales Tax Fund, $1,250,000 from the Community Enrichment Fund, and $1,877,097 from the General Fund unreserved fund balance. Staff recommended executing a deductive change order to reduce the total funding needed from the General Fund, but this would result in removal of much of the public amenities included in the design. On January 11, 2021, the Type B Corporation approved additional funding to increase Type B’s contribution to this project to $5,000,000. With the additional contribution from Type B Corporation the project will be able to be built as designed and the contribution from the General Fund unreserved fund balance will decrease to $1,527,670. Amend the Cole Park Pier Funding Allocation AGENDA MEMORANDUM First Reading for the City Council Meeting of January 26, 2021 Second Reading for the City Council Meeting of February 9, 2021 With the appropriation of additional funds from the Type B Corporation, the decreased appropriation of the unreserved balance of the General Fund, the FY20-21 operating budget and capital budget adopted by Ordinance No. 032203 are amended to increase expenditures by $235,143. Funds totaling $7,777,670 will be transferred to the Park CIP and budget amended to reflect the total project. ALTERNATIVES: City Council could reject the appropriation of funding; however, this would delay the start of Cole Park Pier improvements project and require a deductive change order to remove many of the public facing amenities. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of $7,777,670 with funding of $1,527,670 from the General Fund, $5,000,000 from Type B Sales Tax Fund, and $1,250,000 from Community Enrichment Fund. Funding Detail: Fund: 1146 – Type B – Economic Development Organization/Activity: 15050 Mission Element: 707 Project # (CIP Only): 18171 Cole Park Pier Account: 251850 – Appropriable Fund Balance Amount: $5,000,000 Fund: 1020 – General Fund Organization/Activity: 12920 Mission Element: 141 Project # (CIP Only): 18171 Cole Park Pier Account: 251850 – Appropriable Fund Balance Amount: $1,527,670 Fund: 4720 – Community Enrichment Fund Organization/Activity: 4720-13042-141, 4720-21300-141, 4720-21316-141, 4720-21336- 141, 4720-21383-141, 4720-21400-141, 4720-21409-141, 4720- 21429-141, 4720-21460-141, 4720-21629-141, 4720-21637-141 Mission Element: 141 Project # (CIP Only): 18171 Cole Park Pier Account: 550030 – Improvements other than Building Amount: $1,250,000.00 RECOMMENDATION: Staff recommends the approval of $5,000,000 from the Type B Corporation and decreasing the appropriation amount from the unreserved fund balance of the General Fund to $1,527,670. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance No. 032311 to increase the appropriation of Type B funding for the Cole Park Pier to $5,000,000.00 from the unreserved fund balance of the Type B Sales Tax Fund and decrease the appropriation from the unreserved fund balance of the General Fund by $349,427.00; transferring funds in the amount of $7,777,670.00 to the Park CIP Fund; and amending the budget. WHEREAS, on December 22, 2020, through Ordinance No. 032311, the City Council approved a construction contract with JM Davidson, Ltd. WHEREAS, the ordinance appropriated funding in the amount of $4,415,430.00 from the Type B Sales Tax Fund for the Project. WHEREAS, on January 11, 2021, the Corpus Christi B Corporation (the “Type B Corporation”) Board of Directors approved additional funding to increase the Type B Corporation’s contribution to this project to $5,000,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 2 of Ordinance No. 032311 is amended to appropriate additional funds in the amount of $584,570.00 from the Type B Sales Tax Fund No. 1146 for the construction of a new Cole Park Pier (the “Project”), increasing the total appropriation from Fund No. 1146 to $5,000,000.00. SECTION 2. That Section 4 of Ordinance No. 032311 is amended to decrease the appropriation of funds from the unreserved fund balance of the General Fund No. 1020 for the Project by $349,427.00, for a total appropriation of $1,527,670.00. SECTION 3. That funds in the amount of $7,777,670.00 are transferred to and appropriated in the Fund No. 3280 Park CIP. This transfer includes the above listed amounts from Fund No. 1146 and Fund No. 1020 as well as $1,250,000.00 of previously appropriated funds from Community Enrichment Fund No. 4720. SECTION 4. That the FY2020-21 Operating Budget and Capital Budget adopted by Ordinance No. 032203 are amended to increase expenditures by $235,143.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting a grant in the amount of $206,787.00 from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden to assist in border patrol operations and appropriating $206,787.00 in the Police Grants Fund. SUMMARY Funding is available to enhance enforcement efforts along routes of ingress and coastal waterways under the Department of Homeland Security Grant Program. BACKGROUND AND FINDINGS: The City of Corpus Christi was identified as an integral part of the U.S. Border Patrol’s strategy to enhance cooperation and coordination among all agencies in a joint mission to secure the United States borders. Approved funding will be used to enhance enforcement efforts along routes of ingress and coastal waterways. The City's participation will achieve border control by establishing a substantial probability of apprehension through improved enforcement, improved rapid mobility and intelligence driven resource deployments. Additionally, the City will involve a number of collaborators to assist in the stated mission of OPSG and will promote a collaborative enforcement effort that extends our border outward while strengthening a defense in depth posture. The Corpus Christi Police Department will conduct interdiction operations individually and in conjunction with federal, state, and local partners along routes of ingress and egress both on state and local highways to include SH44, SH 77, SH 181 but also along routes of ingress and egress from the extensive coastal waterways surrounding the City of Corpus Christi including the Padre Island National Seashore. In addition, the Corpus Christi Police Department will participate in at least one major multiagency interdiction effort. The Police Department will utilize the funding to conduct overtime operations designed to reduce border-security risk. Tactical operations will conduct approximately 3,298 hours of overtime. The grant will pay for overtime and fringe benefits. The grant period is from March 1, 2021 – February 28, 2022. This is Year 10 of the grant. Acceptance of a Grant for the Operation Stonegarden Program AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 26, 2021 Second Reading Ordinance for the City Council Meeting of February 9, 2021 ALTERNATIVES: The alternative is not to accept the grant thereby providing for less overtime towards border security and in turn combat drug and human trafficking. FISCAL IMPACT: The fiscal impact for FY 2021 is accepting funds and appropriating $206,787.00 to the Police Grants Fund. Funding Detail: Fund: 1061 - Police Grants Fund Organization/Activity: 822719F Mission Element: 151 Project # (CIP Only): N/A Account: 510200 Overtime 511000 Retirement RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance Ordinance accepting a grant in the amount of $206,787.00 from the State of Texas Governor’s Homeland Security Grants Division for Operation Stonegarden to assist in border patrol operations; and appropriating the $206,787.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $206,787.00 from the State of Texas Governor’s Homeland Security Grants Division for funding eligible under the FY2021 Department of Homeland Security Grant Program Operation Stonegarden to conduct overtime operations designed to reduce border-security risk. SECTION 2. In the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. SECTION 3. The City Manager or designee is authorized to apply for, accept, reject, alter or terminate the grant. SECTION 4. The City of Corpus Christi agrees to provide all matching funds. SECTION 5. $206,787.00 is appropriated in the No. 1061 Police Grants Fund. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:3173706 Award Amount:$206,787.00 Date Awarded:PREVIEW - AWARD NOT ACTIVE Grantee Cash Match:$0.00 Grant Period:03/01/2021 - 02/28/2022 Grantee In Kind Match:$0.00 Liquidation Date:05/29/2022 Total Project Cost:$206,787.00 Program Fund:HS-Homeland Security Grant Program (HSGP) Grantee Name:Corpus Christi, City of Project Title:Nueces-2020 OPSG Grant Manager:Lynne Crow DUNS Number:069457786 CFDA:97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency:U.S. Department of Homeland Security, Federal Emergency Management Agency Federal Award Date:9/4/2020 Federal/State Award ID Number: EMW-2020-SS-00054 Total Federal Award/State Funds Appropriated: $98,320,229.00 Pass Thru Entity Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD) Page 1 of 2Office of the Governor 1/13/2021https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1&i1=10&gh=E7-C3-02-20-9... Is the Award R&D: No Federal/State Award Description: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. Page 2 of 2Office of the Governor 1/13/2021https://egrants.gov.texas.gov/project/awardpreview.aspx?i2=1&i1=10&gh=E7-C3-02-20-9... Page 1 of 12 U.S. Department of Homeland Security U.S. Customs and Border Protection Operations Order Report Op Order Name: Operation Stonegarden – Nueces County Operation Name Op Order Number: OPSG OO TX Nueces FY20 21-RGVRGV-10-007 V0 Op Dates: From: 09/01/2020 Operation Start-date To: 08/31/2023 Report Date: 10/30/2020 (U) Warning: The information contained herein remains under the control of the Department of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP). Dissemination is for authorized law enforcement purposes only. (U) This document contains information that is UNCLASSIFIED//FOR OFFICIAL USE ONLY (U//FOUO). It contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.C. § 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the publ ic, the media, or other personnel who do not have a valid need-to-know without prior approval of an authorized CBP official. (U) Privacy Act 5 U.S.C. § 552a(b) “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written re quest by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” OOs and OPSG Operational documents contain shared intelligence, informa tion, targeted enforcement information, Personally Identifiable Information (PII) of USBP and partner State, Local, and Tribal law enforcement entities. PII should not be released as it places public safety officials in danger from illicit actors and shared intelligence and informa tion should not be disclosed without notice and permission from the contributing law enforcement agencies.” Executive Summary The Nueces County Sheriff’s Office has qualified and applied for funding through Operation Stonegarden. The County was identified as an integral part of the U.S. Border Patrol’s strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. Approved funding through OPSG will be used to enhance enforcement efforts along routes of ingress and coastal waterways. The County’s participation will achieve border control by establishing a substantial probability of apprehension through improved enforcement, improved rapid mobility and intelligence driven resource deployments. Additionally, the County will involve a number of collaborators to assist in the stated mission of OPSG and will promote a collaborative enforcement effort that extends our border outward while strengthening a defense in depth posture. I. SITUATION A. General Situation: The Nueces County is located within the area of responsibility of the Rio Grande Valley Sector (RGV), Corpus Christi Border Patrol Station (CCT). The county’s jurisdiction includes a number of ingress/egress routes that lead to and from the immediate border area. Additionally, the county’s jurisdiction includes a number of coastal waterways. These waterways include the Port of Corpus Christi, the Port Aransas and Packery Ship Channel along with a number of other potential landing sites for foreign borne vessels. Nueces County is located between Kleberg and San Patricio Counties. It has a population of approximately 325,000 and staffs a Sheriff’s Office that is comprised of more than 300 employees. The county includes the following incorporated cities within its jurisdiction: Corpus Christi, Port Aransas, Robstown, Driscoll, Banquete, Agua Dulce, Petronila, and Bishop. The Sheriff’s Office maintains a working relationship which each of the city police Page 2 of 12 departments as well as with the Nueces County Constable’s Offices in Precincts 1, 2, 3, 4 and 5. As a participating entity with OPSG, Nueces County Sheriff’s Office (NCSO), with the assistance of the Corpus Christi, Robstown, and the Nueces County Constables of Precincts 1, 3 and 5 will increase enforcement efforts along identified routes of ingress/egress to include, but not limited to, U.S. Highway 77 and State Highway 44. Intelligence information, to include prior statistical data, indicates that these are the two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The participation of these agencies, made possible by funding through OPSG, will significantly impact the ability of criminal organizations to operate within the Rio Grande Valley, Corpus Christi Border Patrol Station area of responsibility (AOR). The enhanced enforcement posture will strengthen border security by providing a stronger defense in depth mechanism. Texas Parks and Wildlife Department and Texas Department of Public Safety will also be available to assist the County if necessary. B. Terrain/Weather: The unincorporated areas of Nueces County, aside from the municipalities, consist mainly of farm and ranchlands, as well as open highways. Weather is normally hot and humid. The threat of natural disasters such as hurricanes and tornadoes exist during the Gulf/Atlantic hurricane season, which runs from June to November. C. Criminal Element: A number of individuals, as well as organized criminal enterprises operate in and around Nueces County. The major thoroughfares, that include Interstate 37, State Highways 77 and 44, offer an immediate and direct route from the international border to locations within the interior of the United States. These routes provide direct access to major U.S. cities, such as San Antonio, Dallas and Houston. It is widely known that these cities serve as distribution locations for both human and narcotic smuggling loads. Additionally, intelligence information indicates that the coastal waterways in and around Nueces County are experiencing an increase in smuggling activity. This information is corroborated by an increased number of narcotics being found along the shorelines. D. Friendly Forces: Federal: U.S. Border Patrol, Corpus Christi Station Page 3 of 12 Local: Nueces County Sheriff’s Office Corpus Christi Police Department Robstown Police Department Nueces County Constable Precinct 3 Nueces County Constable Precinct 5 Texas Department of Public Safety II. MISSION The mission of the Nueces County Sheriff’s Office (NCSO) is to provide an enhanced enforcement capability within specific areas and choke points in the County’s jurisdiction that will substantially increase the probability of identification and/or apprehension of criminal elements operating within the same. The NCSO will accomplish this mission by working with identified collaborators that include the U.S. Border Patrol, the Corpus Christi, Robstown, the Nueces County Constable’s Office of Precincts 3, and 5. Funding obtained through OPSG will be utilized to accomplish a high visibility enforcement presence that will detect, deter and/or interdict criminal and/or terrorist activity occurring in and around Nueces County. This will be accomplished through utilization of overtime as a force multiplier and acquisition of specialized equipment. III. EXECUTION A. Management/Supervisor Intent: Nueces County and its collaborating local agencies will enforce local/state laws within their jurisdiction but will not enforce immigration laws on behalf of U.S. Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security. Through collaboration with participating agencies, targeted areas of the County will increase the capability to prevent, protect against, and respond to border security issues. The collective collaboration of the participating agencies will provide an opportunity for intelligence based operations and further refinement of deployment strategies. B. General Concept: Through OPSG approved funding, participating agencies will enhance their current deployment capabilities through expenditure of overtime and equipment acquisition. Deployment strategies will be adjusted based on intelligence information and historical data that supports the need for increased operations within certain areas of the county. Intelligence liaisons between the CCT and the participating agencies, to include the Coastal Bend JOIC, will facilitate the exchange of information to ensure resource deployments are consistent with current and developing intelligence information. The operation will center its efforts around the prevention, detection and interdiction of crimes and criminals who have a border security nexus. Operation Stonegarden does not authorize extension of Federal authority to state or local law enforcement agencies to enforce Federal Immigration Laws. When Federal immigration violations are encountered, state and local agencies will refer those violations to the Border Patrol for appropriate action. Page 4 of 12 C Specific Responsibilities: Nueces County Sheriff's Office: Consistent with the guidelines required by OPSG, the NCSO and partners have developed an operational plan that utilizes overtime expenditures and equipment acquisition to enhance enforcement efforts throughout strategic locations of Nueces County. The plan was developed in collaboration with the CCT. The NCSO will be specifically responsible for providing enforcement enhancements in rural areas of the county that fall outside the defined jurisdictions of other participating agencies. Nueces County Constables, Precinct 3: Precinct 3 is located on the southern border of Nueces County and consists of an area of 185 sq. miles that encompass the cities of Bishop, Driscoll and Petronila, as well as numerous subdivisions and colonias. The Nueces County Constable in the Pct 3 office currently maintains four (4) full-time Constable Deputies whose primary duties are patrol, civil court process, warrants, as well as CID and narcotics. The cities of Driscoll and Bishop maintain their own police departments. The area of responsibility consists mainly of farm and ranch lands, as well as open highways. The major thoroughfares that run through Precinct 3 are US 77, FM 70 and FM 665. All of these roads are known to be routes of travel utilized by individuals participating in illicit activity, such as drug smugglers and human traffickers. The Nueces County Precinct 3 Constable’s Office will, and has worked with, the United States Border Patrol and Texas Department of Public Safety, as well as other police agencies in CCT’s AOR to combat illegal activity. Nueces County Constables, Precinct 5: Precinct 5 consists of a 320 square mile area and contains the cities of Robstown, Banquete, Agua Dulce, and Bluntzer, as well as a number of smaller communities and subdivisions scattered throughout the Precinct. Precinct 5 currently maintains 11 full-time deputies whose duties primarily consist of patrol, civil court process, criminal investigations, and narcotics. Precinct 5 also maintains a substation in Agua Dulce. Major thoroughfares that run through Precinct 5 are Highways 77 and Highway 44. Both of those highways are known to be routinely traveled by smugglers of aliens and/or narcotics. The Precinct 5 Constable’s Office will enhance enforcement efforts along those corridors to detect, deter, and interdict illegal activity. Corpus Christi Police Department: The City of Corpus Christi is the largest metropolitan area located within Nueces County. The City’s population is estimated at 280,000 and the Police Department is staffed with 448 sworn officers. The City of Corpus Christi is situated along two primary corridors leading away from the immediate border area. The corridors are Highway 77 and the Padre Island National Seashore. Additionally, the city is surrounded by a number of smaller roads that are adjacent Page 5 of 12 to both Highways 77 and 281. These avenues of egress/ingress are utilized by criminal organizations operating within both the Rio Grande Valley and Laredo, Texas areas. Robstown Police Department: The City of Robstown is located at the crossroads of State Highway 77 and State Highway 44 in the center of Nueces County. Robstown is the second largest city in Nueces County, with a population of 12,900 residents. The City of Robstown is surrounded by farm and ranch land with a number of small sub-divisions within a ten mile radius of the city. Robstown has its own police department, which consists of 24 sworn personnel, five (5) dispatchers and two (2) non-sworn office personnel. A total of 12.1 square miles are patrolled by Robstown Police Officers. Robstown has the only dual -certified K-9 in Nueces County. This K-9 Team is requested and utilized by all agencies in Nueces County. The Robstown Police Department intends to use funds from Operation Stonegarden to provide extra patrol and engage in operational activities intended to detect, deter and interdict criminal and terrorist activity in and around the City of Robstown, and in support of other departments within Nueces County Border Patrol Responsibilities: 1. Station Point of Contact (POC) will get with station Command Staff and Intel department to identify areas that OPSG can be deployed. 2. Station OPSG coordinator will coordinate with friendly forces to create a deployment schedule. 3. When the Tactical Operation Center (TOC) supervisors receive a call from an OPSG friendly force officer, they should type in the deployment on Tracking, Sign-cutting, and Modeling (TSM) in order to track the deployments. Annotate the following information: a. Officer name b. Officer number c. Area WC deployed officer or designee d. WC star number or designee e. Requests For Information (RFIs) 4. Station POCs should use TSM to validate the submitted DARs in the OPSG Website. Friendly Force Responsibilities: 1. Each friendly force will identify how many officers will be available to work Operation Stonegarden (OPSG), what days and what time they will be available. 2. Each friendly force will contact their respective Station Point of Contact (POC) to create a schedule. 3. When an officer is scheduled to begin working using OPSG funds he/she must call their respective Border Patrol Station Tactical Operation Center (TOC) to receive work assignment and any relevant intelligence information from the on duty Watch Commander (WC) or designee. 4. The officer should write down the agent’s star number to include in his or her report. 5. At the end of the officer’s shift under OPSG, he/she will call the Border Patrol TOC in order to inform them he/she is no longer operating under OPSG. 6. Each officer should write a brief narrative to be included in the OPSG Daily Activity Report (DAR), which is submitted through the Homeland Security Information Network (HSIN). Page 6 of 12 a. The narrative should include: i. The Star number of the agent he/she spoke with at the Border Patrol Station TOC ii. A summary of what he/she did during operating under OPSG iii. Answer any informational questions the Border Patrol might have been requested 7. If submitting one DAR for multiple officers then you can consolidate the narratives onto one (1) document and attach to the DAR 8. The sub-recipient (The County) may set additional reporting requirements for participating friendly forces. The County will help enforce state law and local ordinances against violators in the target areas to help reduce criminal activity associated with alien and drug smuggling. Sub- recipients and associated friendly forces will not enforce Title 8 (U.S. Immigration Law) nor will they be granted any additional authorities or powers. Sub-recipients and associated friendly forces will enforce state law and local municipality codes against violators in target areas to help reduce criminal activity associated with transnational criminal activity to increase border security. D. Coordinating Instructions: All participating agencies that are funded by OPSG, will coordinate their enforcement efforts with the CCT and the NCSO. OPSG enhancements will be utilized in direct response to known or developing intelligence information provided through a liaison with the CCT. Deployment areas identified within this plan are subject to adjustment based on jurisdictional limitations and the nature of the actionable intelligence information received. The CCT will coordinate with the RGV’s Sector Intelligence Unit to establish a statistical tracking method that will be used for performance evaluations and future resource allocations or adjustments to established plans. Plans for adjustment of allocations or major deviations from the established deployment strategies will be coordinated through the NCSO and the CCT, along with a representative of the affected adjustment area. “SLTTs will submit a DAR within 48hrs. Sector Coordinators/Station POCs will approve DARs within a timely manner. Points of Contact: USBP Corpus Christi Station: SOS ISMAEL GONZALEZ Office: 361-879-4348 Email: Ismael.gonzalez-jr@cbp.dhs.gov Page 7 of 12 Corpus Christi Station: 361-879-4300 Nueces County SO: Cynthia Martinez: 361-887-2225: cynthia.martinez@nuecesco.com Precinct 3: Felicia Montoya Office: 361-584-3262 Email: felicita.montoya@nuecesco.com Precinct 5: Efrain Perez Office: 361-767-5204 Email: efrain.perez@nuecesco.com Robstown PD.: Benjamin Gomez Office: 361-563-2359 Email: bgomez@robstown-pd.us Texas DPS James Mcarty Office: 361-947-5845 Email: jamesm@cctexas.com E. Public/Open Records Request: In order to accomplish the Operation Stonegarden mission, law enforcement sensitive information is shared between Federal, State, and local friendly forces. This information includes: intelligence sharing, CONOPS/Applications, Operations Orders, Fragmentary Orders, Daily Activity Reports, After Action Reports, and more. OPSG records and documents are Law Enforcement Sensitive and are to be secured by all parties involved in OPSG operations from release of data or information to individuals or entities without a legally sufficient need to know. OPSG documents, data, and information must also be protected from inadvertent or improper distribution. State Administrative Agencies, Sub-Recipients, and Friendly Forces should while maintaining state and local policy also notify their local USBP Sectors Staff when a Public disclosure request is received. USBP Sector Staff will notify the appropriate USBP HQ Staff about the request for awareness. USBP HQ will provide applicable assistance to insure the appropriate handling of the request to insure maximum protection of Personally Identifiable Information (PII) and Operations Security (OPSEC) of OPSG documents, data, and information. IV. ADMINISTRATION/LOGISTICS A. Cost Estimates/Funding Issue Page 8 of 12 Administration/Logistics/Budget Narrative Justification (Computation of Items) Federal Request Law Enforcement Operational Overtime * Over 50% in OT funding needs a Personal Cap Waiver request letter Nueces CO. S.O.; $165,000.00 Precinct 3; $24,830.33 Precinct 5; $28,968.71 Robstown P.D. $65,025.55 Corpus Christi P.D.; $157,121.04; TX DPS: $130,082.7 $571,028.33 Fringe Benefits for Law Enforcement Nueces CO. S.O.; $34,353.00 Precinct 3; $5,169.67 Precinct 5; $6,031.29 Robstown P.D. $4,974.45 Corpus Christi P.D.; $49,665.96 $100,194.37 Overtime and Fringe Total $671,222.70 General Equipment * Justification Letter needed for $100K or more purchases *If more space is needed show total equipment cost and list all equipment in justification section of budget. N/A $0.00 Special Equipment * Needs Justification Letter N/A $0.00 Vehicles, Watercraft, other type of vehicles * Needs Justification Letter N/A $0.00 Regional Capability Building Equipment * Needs Justification Letter TX DPS Air; Item #1 = $300,000.00 $300,000.00 Equipment Total $300,000.00 Vehicle Fuel Cost Nueces County S.O. $15,147.00 TX DPS: $8,000.00 $23,147.00 Maintenance Cost Nueces County S.O. $20,000.00 TX DPS; $331,979.70 $351,979.70 Mileage Cost N/A $0.00 Page 9 of 12 Travel, Lodging, and Per diem For Deployed LE and/or Federally Sponsored (DHS/FEMA) border security task force meetings (IPTs) N/A $0.00 State M&A State can take up to 2.5% of total allocation $35,958.00 County M&A subtract state M&A from allocation and total county M&A cannot exceed 5% Nueces County S.O. $15,500.00 Texas DPS; $40,529.60 $56,029.60 Total M&A $91,987.60 Indirect Costs If using Indirect Costs a letter must be attached explaining FEMA's agreed percentage Sub-recipient's Indirect cost total $0.00 Unallocated Funds Individual total of unallocated funds for each Sub- recipient and Friendly Force $0.00 Total Funding Cost $1,438,337.00 Overtime Fringe Agency name Officers Estimated Hours (per Officer) Estimated Overtime Rate Estimated Overtime total Estimated Fringe Rate Estimated Fringe total Nueces County S.O. 20 275.00000 $30.00 $165,000.00 20.82% $34,353.00 Precinct 3 5 198.64264 $25.00 $24,830.33 20.82% $5,169.67 Precinct 5 5 231.74968 $25.00 $28,968.71 20.82% $6,031.29 Robstown P.D. 10 260.10220 $25.00 $65,025.55 7.65% $4,974.45 Corpus Christi P.D. 5 785.60520 $40.00 $157,121.04 31.61% $49,665.96 Texas DPS-Air Operations Division 2 296.82103 $78.28 $46,470.30 0.00% $0.00 Texas DPS Tactical Marine Unit 11 113.50048 $66.97 $83,612.40 0.00% $0.00 Total $571,028.33 Total $100,194.37 Page 10 of 12 Regional Capability Building Equipment Agency name Item Number AEL # Equipment name Quantity Price Total Texas DPS-Air Operations Division 1 04MD-01- IRED L3 MX15 ISR IR Camera- Regional Project 1 $300,000.00 $300,000.00 L3 MX15 ISR IR Camera- will be used to support Border Patrol Agents on the ground in support of OPSG. Total $300,000.00 Maintenance Agency name Maintenance Item Estimated Maintenance Total Texas DPS-Tactical Marine Unit Repair/Upgrade $50,000.00 Texas DPS-Air Operations Division $950.00 per flight hour X 296.821 Approx. hours = $281,979.70 $281,979.70 Nueces County Budget Table Vehicle Maintenance $20,000.00 Total $351,979.70 Fuel Agency name Estimated miles Estimated Fuel Rate Estimated Fuel Total Nueces County 7,573.50000 $2.00 $15,147.00 TX DPS Tactical Marine Unit 2,539.6825 gallons $3.15 $8,000.00 Total $23,147.00 B Travel: N/A. C Lodging: N/A. D. Reception of Detailed Personnel: N/A. E. Uniform and Equipment: All personnel assigned to this operation will utilize the approved agency uniform in accordance with each agency Standard Operating Procedure (SOP). No deviations from these SOPs are anticipated. Page 11 of 12 F Special Equipment: N/A. G. Processing: Apprehended individuals and seized property will be processed in accordance with federal, state, and local laws, policies and guidelines. H. Medical: Medical emergencies will be handled by the closest available medical facility, and in accordance with established departmental policy. I. Detention/Transportation: Apprehended individuals will be transported in accordance with federal, state and local laws, policies, agreements and guidelines of the arresting agency.” J. Vehicles: Agency issued and assigned vehicles V COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. The Chief Patrol Agent of the Rio Grande Valley Sector will approve operations Orders for specific Operation Stonegarden activities. B. Unit Command: Rio Grande Valley Sector Headquarters: Chief Patrol Agent Brian S. Hastings (A)Deputy Chief Patrol Agent Lloyed M. Easterling Corpus Christi Border Patrol Station: Patrol Agent in Charge Brian L. Pigg Deputy Patrol Agent in Charge Roger G. Kemp Nueces County Sheriff’s Office: Sheriff Jim Kaelin and Captain Daniel Lorberau C. Communication Details: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. The Chief Patrol Agent of the Rio Grande Valley Sector will approve operations Orders for specific Operation Stonegarden activities. • Primary: Hand Held issued Radio Page 12 of 12 • Alternate: Vehicle Radio • Contingency: Cellular Telephone/ Satellite Phone D. Map Coordinates: Notes: Longitude Latitude Degrees : Minutes : Seconds 27:45:46.4 97:40:34.9 Decimal 27.7628891 -97.676365 Location Zone: Central ANNEX A. Administration Annex: N/A. B. Execution Annex: Participating agencies will execute their missions within the parameters and scope of their authorities. C. Air Annex: D. Media Action Plan: All media border related issues will be directed to the USBP Sector Public Information Office at or Chief Deputy Ronnie Jones in collaboration with RGV’s Communication Department (956) 289- 4990. E. Legal Review: All legal issues will be coordinated between the BCSO and CBP Counsel. F. Risk: No risks have been associated with this Op Order. G. Map N/A DATE: December 2, 2020 TO: Peter Zanoni, City Manager FROM: Gilbert Hernandez, Director of Emergency Managements gilberth@cctexas.com 361-826-2540 Mike Markle, Police Chief mikema@cctexas.com 361-826-2601 Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3935 CAPTION: Ordinance accepting a grant in an amount of $102,248.61 from the Texas Office of the Governor, Criminal Justice Division for Coronavirus Emergency Supplemental Funding Program with no City match; and appropriating $70,000.00 in the Emergency Management Grants Fund, $16,124.31 in the Fire Department Grants Fund, and $16,124.30 in the Police Grants Fund. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Coronavirus Emergency Supplemental Funding (CESF) program. The grant provides funds for personnel overtime for jailers, peace officers, medical, and other essential staff; Personnel Protective Equipment (PPE), and Supplies. BACKGROUND AND FINDINGS: The grant was announced in April 2020 soliciting applications for projects that seek to prevent, prepare for, and respond to the coronavirus. The application was submitted for $70,000 for relief of overtime supply expenditures. The Fire Department also submitted an application. However, only one application could be submitted by the City and this application was combined. The grant provides funding for overtime, equipment, (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in local detention centers. Acceptance and appropriation of the Coronavirus Emergency Supplemental Funding Grant AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of January 26, 2021 Second Reading Ordinance for the City Council Meeting of February 9, 2021 The State provides $50,581.04 for overtime of 22 city detention officers, $30,346.80 for masks and face coverings, $11,508.75 for gloves, $3,239.88 for disinfecting wipes, $659.40 for hand- sanitizer, $600.00 for hand-sanitizer dispensers, $1200.00 for trash bags used for disposing paper towels and other trash, and $4,112.74 for shipping and handling costs. ALTERNATIVES: The funding for this grant allows overtime expenditures of city detention center officers and the purchase supplies that have increased due to the coronavirus. Without these funds these costs will have to be paid from the City’s general fund. FINANCIAL IMPACT: The fiscal impact is a benefit to the City by appropriating and accepting an amount of $102,248.61 to the Emergency Management Grant Fund, Police Department Grants Fund, and Fire Department Grants Fund. Funding Detail: Emergency Management: 1063 Fund: Emergency Management Grants Fund Organization/Activity: 690005F Mission Element: 508 Project # (CIP Only): Account: 510200 Overtime wages 511000 Retirement 520090 Minor Tools & Equipment Amount: $70,000.00 Police Department: 1061 Fund: Police Grants Fund Organization/Activity: 690006F Mission Element: 151 Project # (CIP Only): Account: 520090 Minor Tools & Equipment Amount: $16,124.31 Fire Department: 1062 Fund: Fire Grants Fund Organization/Activity: 690007F Mission Element: 091 Project # (CIP Only): Account: 520090 Minor Tools & Equipment Amount: $16,124.31 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Statement of Grant Award Ordinance accepting a grant in an amount of $102,248.61 from the Texas Office of the Governor, Criminal Justice Division for Coronavirus Emergency Supplemental Funding Program with no City match; and appropriating $70,000.00 in the Emergency Management Grants Fund, $16,124.31 in the Fire Department Grants Fund, and $16,124.30 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Office of the Governor, Criminal Justice Division in the amount of $102,248.61 for Coronavirus Emergency Supplemental Funding with no match required. SECTION 2. That $70,000.00 of the grant is appropriated in the No. 1063 Emergency Management Grant Fund for personnel overtime and supplies related to the coronavirus. SECTION 3. That $16,124.31 is appropriated in the No. 1062 Fire Department Grants Fund for supply expenses related to the coronavirus. SECTION 4. That $16,124.30 is appropriated in the No. 1061 Police Grants Fund for supply expenses related to the coronavirus. 12/2/2020 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:4138501 Award Amount:$102,248.61 Date Awarded:12/1/2020 Grantee Cash Match:$0.00 Grant Period:02/01/2020 - 01/31/2021 Grantee In Kind Match:$0.00 Liquidation Date:05/01/2021 Total Project Cost:$102,248.61 Program Fund:CV-Coronavirus Emergency Supplemental Funding Program Grantee Name:Corpus Christi, City of Project Title:COVID Response Grant Manager:Marvin Alcorn DUNS Number:069457786 CFDA:16.034 - Coronavirus Emergency Supplemental Funding Program Federal Awarding Agency: U.S. Department of Justice, Office of Justice Program, Bureau of Justice Assistance Federal Award Date:4/7/2020 Federal/State Award ID Number: 2020-VD-BX-0002 Total Federal Award/State $41,975,871.00 12/2/2020 Office of the Governor 2/2 Funds Appropriated: Pass Thru Entity Name:Texas Office of the Governor – Criminal Justice Division (CJD) Is the Award R&D:No Federal/State Award Description: The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers. Budget Category Personnel Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Supplies and Direct Operating Expenses Budget Item Detention Officer Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Project Supplies (e.g., binocular, battery, flexicuff, drug testing kit) Budget Item Description Detention Officer overtime -21 Officers as seen and detailed in attachment. The cost of overtime has been calculated by 21 detention officers over an estimated time of 7 months (March to September). The most recent overtime with staffing reduced by illness and etc was 243.75 hours for a Month (March). We have used this as an estimated base. We anticipate that hours will not increase; and we are expecting that we should see a reduction with the PPE/cleaning in place. Equation 243.75 hours at a cost of $7335.86 (based on employee rate +taxes &etc at 13% times* total hours for the 21 employees. This amount $7335.86 * 7 months= $50581.04. Mask to be used as PPE for Municipal Court, Police Department and Fire Department employees as well as customers and detainees. The use of masks or face coverings is in line with CDC recommendations in order to Gloves to be used by Municipal Court, Police and Fire Department employees as well as customers and detainees, as necessary. Gloves will be utilized when necessary in order to minimize the risk of exposure to Disinfecting wipes to be used by Municipal Court, Police Dept. and Fire Dept. to maintain a clean and sanitized environment for all employees, customers, visitors and detainees. The regular disinfecting of surfaces is in line Hand sanitizer to be used by Municipal Court, Police and Fire Department's when recommended handwashing is not readily available. This product and practice is in line with current CDC recommendations to minimize the risk Hand sanitizer dispensers will be positioned within facilities used by Municipal Court, Police and Fire Departments so hand sanitizer is readily accessible to employees, visitors, customers and detainees (if, possible) Plastic bags are to be used as needed for hand sanitizer, paper towels, and other trash and waste to allow for appropriate disposal of used items and supplies. This is intended to reduce the risk of exposure to COVID - 19. Shipping and handling, as well as tax to be paid for the ordering and delivery of listed items. OOG Requested Amount InKind Amount Match Amount GPI Percent or Unit Total $50,581.04 $0.00 $0.00 $0.00 100 $50,581.04 $30,346.80 $0.00 $0.00 $0.00 0 $30,346.80 $11,508.75 $0.00 $0.00 $0.00 0 $11,508.75 $3,239.88 $0.00 $0.00 $0.00 0 $3,239.88 $659.40 $0.00 $0.00 $0.00 0 $659.40 $600.00 $0.00 $0.00 $0.00 0 $600.00 $1,200.00 $0.00 $0.00 $0.00 0 $1,200.00 $4,112.74 $0.00 $0.00 $0.00 0 $4,112.74 $102,248.61 DATE: October 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 amending City Code Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, to comply with requirements of the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality Pretreatment Program for Industrial User Discharges to the Wastewater System by adding required definitions for best management practices (BMP), daily and monthly limits, process wastewater; amending sampling collection requirements, and providing for compliance orders; and providing for penalties up to $2,000 per day for violations of the ordinance. SUMMARY: The purpose of this item is to amend the Chapter 55 Code of Ordinances, Article XI, Sections 55140 to 55147 by incorporating non-substantial modifications as per the required provisions of the Pretreatment Streamlining Rule [rev. Federal Register/ Vol. 70, No. 198/ Friday, October 14, 2005/Rules and Regulations, pages 60134-60798] into the City’s approved Pretreatment program. This modification is deemed as Non-Substantial Modifications to the approved Wastewater Pretreatment Program by TCEQ because it does not seek modifications that relax the legal authorities of the City’s wastewater treatment plants, relax the numeric local limits or the Maximum Allowable Industrial Loadings, and decrease the frequency of self-monitoring, reporting, inspections or sampling for industrial users. BACKGROUND AND FINDINGS: The City of Corpus Christi initiated a Wastewater Pretreatment Program for commercial and industrial waste disposal and pretreatment in 1984. In January 1985, Texas Commission of Environmental Quality (TCEQ) approved this Program. Since then, City staff has been Revision to Chapter 55 Code of Ordinances, Article XI, Sections 55140 to 55147 Non-substantial Modifications to City’s Wastewater Pretreatment Program AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of January 26, 2021 Second Reading Ordinance for City Council Meeting of February 9, 2021 implementing the Pretreatment Program to manage the commercial and industrial waste disposal and pretreatment. On October 14, 2005, the U.S. Environmental Protection Agency (EPA) revised the 40 CFR Part 403 called “Pretreatment Streamlining Rule” which came up with modifications to the municipal Pretreatment Program. Per the Pretreatment Streamlining Rule, City staff submitted non-substantial modification package of Pretreatment Program to the TCEQ on April 20, 2012, and subsequent revisions to modification package were submitted to TCEQ on February 26, 2016, on April 7, 2020, and on June 24, 2020. On August 12, 2020, TCEQ has determined that the non-substantial program modification submission of Pretreatment Program is both technically complete and approved. A review of the draft ordinance by the city legal department required a draft revision. This revision was accepted by the TCEQ on September 21, 2020. The City’s approved Pretreatment Program shall now proceed forward with adequate public participation and obtain city council approval of the Pretreatment Program modification. This item seeks City Council’s approval amending Chapter 55 Code of Ordinances, Article XI, Sections 55140 to 55147 to incorporate the Non-substantial Modifications to City’s Pretreatment Program. The major revisions include: (1) adding definitions for best management practices (BMP), daily and monthly limits, and process wastewater (2) amending sampling collection and analysis requirements (3) providing for compliance orders; and (4) miscellaneous wording items ALTERNATIVES: none FISCAL IMPACT: none RECOMMENDATION: Staff recommends authorizing the Ordinance revisions as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending City Code Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, to comply with requirements of the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality Pretreatment Program for Industrial User Discharges to the Wastewater System by adding required definitions for best management practices, daily and monthly limits, process wastewater; amending sampling collection requirements, and providing for compliance orders; and providing for penalties up to $2,000 per day for violations of the ordinance Whereas, the National Pretreatment Program (40 CFR 403) requires industrial dischargers to use treatment techniques and management practices to reduce or eliminate the discharge of pollutants to sanitary sewers; Whereas, the City first adopted its Pretreatment Ordinance in 1993, which is codified in Chapter 55, Article XI of the Corpus Christi Code of Ordinances; Whereas, the City recently completed an evaluation of its Pretreatment Ordinance and finds that revisions are necessary to comply with the regulations of the National Pretreatment Program as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI CITY COUNCIL: SECTION 1. That the City Code of Ordinances, Chapter 55, Article XI is amended by deleted the struck through text and inserting the underlined text, as shown in redline text below: ARTICLE XI. - COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL AND PRETREATMENT Sec. 55-140. - General provisions. Sec. 55-141. - General sewer use requirements. Sec. 55-142. - Pretreatment of wastewater. Sec. 55-143. - Wastewater discharge permit eligibility and issuance process. Sec. 55-144. - Reporting requirements. Sec. 55-145. - Compliance monitoring. Sec. 55-146. - Enforcement. Sec. 55-147. - Affirmative defenses to discharge violations of federal categorical pretreatment standards and local limits. Sec. 55-148. - Fees. Sec. 55-149. - Miscellaneous provisions. Sec. 55-140. - General provisions. (a) Purpose and policy. This article sets forth uniform requirements for users of the wastewater collection system and Publicly Owned Treatment Works (POTW) of the City of Corpus Christi and enables the city to comply with all applicable state and federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this article, in facilitating the city in its role as a federally mandated control authority, are: 2 (1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW; (2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW; (3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations; (4) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; (5) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; (6) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and (7) To enable the city to comply with its NPDESTPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject. This article shall apply to all industrial users of the POTW. The article authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein and authorizes the director to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by Industrial Users where such contributions do not meet applicable pretreatment standards and Requirements or where such contributions would cause the POTW to violate its TPDES permit. (b) Administration. Except as otherwise provided herein, the director shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the director may be delegated by the director to other city personnel. (c) Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated. Abnormal wastewater. means any industrial waste having a suspended solids, biochemical oxygen demand or chemical oxygen demand content in excess of that found in normal wastewater but which is otherwise acceptable into the POTW under the terms of this article. Abnormal wastewater surcharge means the charge, in addition to the usual monthly charge for sanitary sewer services, levied against any person for services rendered for collection and treatment of abnormal wastewater to defray the added cost of transporting and treating such abnormal wastewater. Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. Approval authority means regional administrator of the U.S. Environmental Protection Agency, the Texas Water Commission upon delegation of federal authority, or the Texas Commission on Environmental Quality upon delegation of federal authority, or successor agency delegated such authority. The director in an NPDES (National Pollution Discharge Elimination System) state with an 3 approved state pretreatment program and the appropriate regional administrator in a non -NDES state or NPDES state without an approved state pretreatment program. Approval authority means the Executive Director of the Texas Commission on Environmental Quality or his duly designated representative. Authorized representative of the industrial user means: (1) If the industrial user is a corporation, authorized representative shall mean: a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision- making functions for the corporation or b. The manager of one (1) or more manufacturing, production, or operation facilities; b. The manager of one (1) or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (2) If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner, managing partner, or proprietor, respectively; (3) If the industrial user is a federal, state or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility. (4) The individuals described in subsections a1 through c3 of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the director of wastewater operations. Best Management Practices (BMP) means The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 55-141(a) of this article and in40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees centigrade expressed in terms of mass and concentration (milligrams per liter (mg/l)). Categorical Industrial User means an industrial user that is subject to Categorical Pretreatment Standards according to 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N. 4 Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of t he act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. City means the City of Corpus Christi or the City Council of Corpus Christi. Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. Color means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred (100) per centpercent transmittance is equivalent to zero (0.0) optical density. Composite sample means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. Control authority means the City of Corpus Christi. Corrosive waste means any character of waste, whether liquid, gaseous or solid, which can cause actual physical damage or destruction to any public storm drain or sanitary sewer the POTW or which prevents or materially retards treatment of sewage in the sewage treatment plant. Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day. Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the to tal mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. Director or director of wastewater operations means the person designated by the city manager to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article, and includes the director's authorized representative. Environmental protection agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the regional water management division director or other duly authorized official of said agency. Existing source means any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act. Grab sample means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream within a time frame not to exceed fifteen (15) minutes. 5 Indirect discharge or discharge means the introduction of nondomestic pollutants into the POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the act. Industrial user oruseror user means a source of an "indirect discharge," as defined by 40 CFR 403.3(hi). Instantaneous maximum allowable discharge limit means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference means a discharge which alone or in conjunction with a discharge or discharges from other sources: (1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and (2) Therefore is a cause of: a. A violation of the city's NPDESTPDES permit or state permit; ; b. A violation of any other federal, state, or local regulation of water quality standards; or c. The prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): 1. Section 405 of the Clean Water Act; 2. The Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); 3. Any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; 4. The Clean Air Act; 5. The Toxic Substances Control Act; or 6. The Marine Protection, Research and Sanctuaries Act. Medical waste means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. Monthly average means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that calendar month. Monthly average limit means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month. 6 New source means: (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: a. The building, structure, facility or installation is constructed at a site at which no other source is located; or b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or c. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (1) of this definition directly above, but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: a. Begun, or caused to begin as part of a continuous on site construction program. 1. Any placement, assembly, or installation of facilities or equipment, or 2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment, or b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water means water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product. Normal sewage means sewage, which when analyzed, shows by weight, a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) mg/l) of suspended solids, and not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) mg/l) of biochemical oxygen demand and not more than four thousand six hundred eighty-seven (4,687) pounds per million gallons (five hundred sixty -two (562) mg/l) of chemical oxygen demand, and which is otherwise acceptable into a sanitary sewer under the terms of this article. 7 Normal wastewater means sewage, which when analyzed, shows by weight, a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) mg/l) of suspended solids and not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) mg/l) of biochemical oxygen demand and not more than four thousand six hundred eighty-seven (4,687) pounds per million gallons (five hundred sixty-two (562) mg/l) of chemical oxygen demand, and which is otherwise acceptable into a sanitary sewer under the terms of this article. Pass through means a discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDESTPDES permit (including an increase in the magnitude or duration of a violation), or violation of any other federal, state or local water quality regulation. Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities. pH means a measure of the acidity or alkalinity of a substance, expressed in standard units. Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or dischargeddiscarded equipment, rock, sand, cellar dirt, municipal, agricultural, and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor), and any other harmful or objectionable material. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. Pretreatment standards or standards means pretreatment standards shall mean prohibitiveprohibited discharge standards, categorical pretreatment standards, and local limits. Process Wastewater means any water that, during manufacturing or processing, comes into direct contact with or results from production or use of any raw material, intermediate product, finished pro duct, or waste product. Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 55-141(a) of this article. Publicly owned treatment works means a "treatment works" as defined by section 212 of the act (33 U.S.C. 1292), which is owned by the state or municipality.city. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances whichthat convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works. 8 Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage means human excrement and gray water (household showers, dishwashing operations, etc.). Shall is mandatory; may is permissive or discretionary. Significant industrial user shall apply to: (a) industrial users subject to categorical pretreatment standards; and (b) any other industrial user that (i) discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater, (ii) contributes a process wastestream which makes up five (5) per centpercent or more of the average dry weather hydraulic or organic capacity of the treatment plant or, (iii) is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. [Singular; plural.]: The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. Slug load means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 55-141(a) of this article or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge., which has a reasonable potential to cause interference or pass through or in any other way violate the POTWs regulations, local limits or permit conditions. Standard Industrial Classification (SIC) Code means a classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget. Stormwater means any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt. Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and whichthat is removable by laboratory filtering. Texas Commission on Environmental Quality means the Texas Commission on Environmental Quality, or an authorized representative of the commission. Toxic pollutant means one of the pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. 1317) of the act, and as such list may be amended, modified, or enlarged. Treatment plant effluent means any discharge of pollutants from the POTW into waters of the state or other locations as detailed in federal or state permits. Wastewater means liquid and water-carried industrial wastes, and sewage (human excrement and graywater) from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Wastewater treatment plant or treatment plant means that portion of the POTW designed to provide treatment of sewage and industrial waste. (d) Abbreviations. The following abbreviations shall have the designated meanings: 9 BMP—Best Management Practices BOD—Biochemical oxygen demand COD—Chemical oxygen demand CFR—Code of Federal Regulations EPA—U.S. Environmental Protection Agency gpd—Gallons per day l—Liter mg—Milligrams mg/l—Milligrams per liter NPDES—NationalTPDES—Texas pollutant discharge elimination system O&M—Operation and maintenance POTW—Publicly owned treatment works RCRA—Resource Conservation and Recovery Act SIC—Standard Industrial Classifications SWDA—Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) TSS—Total suspended solids TCEQ—Texas Commission on Environmental Quality TSS—Total suspended solids USC—United States Code (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 25377, §§ 1—4, 7-22-2003; Ord. No. 031700, § 2, 3- 19-2019) ) Sec. 55-141. - General sewer use requirements. (a) Prohibited discharge standards. No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirement. Furthermore, no industrial user may contribute the following substances to the POTW: 10 (1) Pollutants which create a fire or explosive hazard in the municipal wastewater collection system and POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsiuscelsius) using the test methods specified in 40 CFR 261.21. (2) Any wastewater having a pH less than 5.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment, or endangering city personnel. (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half (½) inch or one and twenty- seven hundredths (1.27) centimeters in any dimension. (4) Any wastewater containing pollutants, including oxygen demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW, or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals. (5) Any wastewater having a temperature greater than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsiuscelsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsiuscelsius). (6) Petroleum oil or nonbiodegradable cutting oil. (7) Products of mineral oil origin in amounts that will cause interference or pass through. (8) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. (9) Any trucked or hauled pollutants, except at discharge points designated by the city in accordance with subsectionsection 55-142(e) of this article and article XIII, section 55-160 et seq., of this Code. (10) Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or to prevent entry into the sewers for maintenance and repair. (11) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's NPDESTPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten (10) per centpercent from the seasonably established norm for aquatic life. (12) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable federal, state or local regulations. 11 (13) Storm water Stormwater, surface water, ground water, artisan well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the director. (14) Any sludges, screenings, or other residues from the pretreatment of industrial wastes. (15) Any medical wastes, except as specifically authorized by the director in a wastewater discharge permit. (16) Any wastewater causing the treatment plant's effluent to fail a toxicity test. (17) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW. (18) Any discharge of fats, oils, or greases of animal or vegetable origin is limited to two hundred (200) mg/l. (19) Any wastewater which has a reasonable potential for adversely affecting the POTW's operation as determined by the director. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW. Floor drains shall be so located and protected as to prevent intrusion of stormwater. (b) Federal categorical pretreatment standards. The National Categorical Pretreatment Standardsnational categorical pretreatment standards found in the Code of Federal Regulations at 40 CFR Chapter I, Subchapter N, Parts 405-471, and as they shall be amended and enlarged, are hereby incorporated. (c) Federal, state, and local requirements. Where federal or state pretreatment requirements are more stringent than those set forth in this article, the more stringent requirements shall apply to users, and such federal and/or state standards are hereby fully incorporated verbatim into this article, for all purposes. (d) Specific local pollutant limitations. (1) The following pollutants limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following maximum allowable discharge limits: (expressed as daily maximum limits). 0.634 mg/l—arsenic 0.018 mg/l—cadmium 2.980 mg/l—chromium, total 0.350 mg/l—copper 0.130 mg/l—cyanide 12 0.511 mg/l—lead 0.000 mg/l—mercury 1,1001100.00 mg/l—phenols 0.590 mg/l—nickel 0.050 mg/l—silver 1.476 mg/l—zinc (2) Concentrations apply at the point where the industrial waste is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. For mercury, compliance will be measured at the minimum analytical level (MAL) or 0.0002 milligrams/liter (mg/l). At his discretion, the director may impose mass limitations in addition to or in place of the concentration based limitations above. (e) City's right of revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in subsectionsection 55-140(a) of this article or the general and specific prohibitions in subsection section 55-141(a) of this sectionarticle. (f) Dilution. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director over wastewater operations may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 22583, § 6, 5-28-1996; Ord. No. 25377, §§ 5, 6, 7-22- 2003; Ord. No. 031700, § 3, 3-19-2019) Sec. 55-142. - Pretreatment of wastewater. (a) Pretreatment facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in subsectionsection 55-141(a) within the time limitations specified by the EPA, the state, or the director, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this article. (b) Additional pretreatment measures. 13 (1) Whenever deemed necessary, the director over wastewater operations may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams and such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this article. (2) The director, in his discretion, may require each person discharging into the POTW greater than twenty-five thousand (25,000) gallons per day or greater than five (5) per centpercent of the average daily flow in the POTW, to install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization of flow, the design and regulation of which shall be directed by the director. A wastewater discharge permit may be issued solely for flow equalization. (3) Grease, oil and sand interceptors shall be provided in comportment with chapter 14 of this Code, as such provision stands and may hereafter be modified or amended. (4) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (c) Accidental discharge/slug control plans. The director may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two (2) yearsWithin one (1) year of designation as a significant industrial user, the director shall evaluate whether each significant industrial user needs such a plan. Users shall retain, and make available for inspection and copying, all record of activities associated with slug control evaluation and results. Any industrial user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following: (1) Description of discharge practices, including nonroutine batch discharges. (2) Description of stored chemicals. (3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in subsectionsection 55-141(a) of this article. a. Telephone notices. At minimum, such plan shall require the user to immediately telephone and notify the POTW of an accidental or slug discharge. Such verbal notice shall include location of discharge, type of waste concentration and volume, and corrective actions. b. Written report. Within five (5) days following an accidental discharge, the user shall submit to the city a detailed written report describing the nature and cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expenses, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed by this article or other applicable law. 14 c. Notice to employees. As part of the accidental discharge protection plan, the director may require a notice to be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures. (4) If necessary, procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoffrun-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (d) Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this article. (e) Hauled wastewater. Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment plant area at such times as are established by the director, provided such waste disposal is made in compliance with article XIII, section 55-160 et seq., of this Code, and does not violate any provision of section 55-141 of this article or any other requirements of the city. (f) Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in section 55-146, below. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 25377, § 7, 7-22-2003; Ord. No. 031700, § 3, 3-19-2019) Sec. 55-143. - Wastewater discharge permit eligibility and issuance process. (a) Wastewater survey. When requested by the director all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The director is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the article. (b) Requirement. (1) It shall be unlawful for any significant industrial user to discharge wastewater into the city's POTW without first obtaining a wastewater discharge permit from the director. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in section 55-146. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law. (2) The director may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this article. 15 (c) New connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin. (d) Application contents. (1) In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by section 55-144(a)(2). The director shall approve a form to be used as a permit application. (2) In addition, the following information may be requested: a. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW. b. Number and type of employees, hours of operation, and proposed or actual hours of operation of the pretreatment facility. c. Each product produced by type, amount, process or processes, and rate of production. d. Type and amount of raw materials processed (average and maximum per day). e. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. f. Time and duration of the discharge. g. Any other information as may be deemed necessary by the director to evaluate the wastewater discharge permit application. (3) Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (e) Application signatories and certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user. "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 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 fine and imprisonment for knowing violations." (f) Decisions. The director will evaluate the data furnished by the industrial user and may require additional information. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the director will determine whether or not to issue a wastewater discharge permit. If no 16 determination is made within this time period, the application will be deemed denied, unless the director notifies the applicant that the time frame for decision has been extended due to need for additional evaluation time. The director may deny any application for a wastewater discharge permit. (g) Duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (h) Contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW. (1) Wastewater discharge permits must contain the following conditions: a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. b. A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. c. Effluent limits, including BMPs, applicable to the user based on applicable standards in federal, state, and local law. d. Self-monitoring, sampling, reporting, notification, and record keeping requirements, all expenses for such requirements to be paid by permittee. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law. e. Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law. f. Permittee agrees to indemnify and pay the city for the following costs incurred by the city, in the event of a user's permit violation: 1. Attorney's fees; 2. Costs for any and all laboratory and investigation expenses; 3. Penalties and fines incurred by the city to the federal and state governments arising from violation of any of the city's discharge permits as a result of permittee's violation(s). g. Requirement for permittee to immediately notify the POTW in the event of a failure of pretreatment facility or pretreatment equipment. h. Requirements to control slug discharge, if determined by the director to be necessary. 17 (2) Wastewater discharge permits may contain, but need not be limited to, the following: a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. b. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. c. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW. f. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW. g. Requirements for installation and maintenance of inspection and sampling facilities and equipment. h. A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit. i. Other conditions as deemed appropriate by the director to ensure compliance with this article, and state and federal laws, rules, and regulations. (i) Appeals. Any person, including the industrial user, may petition the city manager to reconsider the terms of a wastewater discharge permit within fifteen (15) days of its issuance. (1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. (3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. (4) If the city manager fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final action for purposes of council review. 18 (5) Aggrieved parties may appeal to the city council, which appeal shall be perfected by filing a sworn notice of appeal with the city secretary within fifteen (15) days from the city manager's final decision or deemed denial. (j) Modification. (1) The director may modify the wastewater discharge permit for good cause including, but not limited to, the following: a. To incorporate any new or revised federal, state, or local pretreatment standards or requirements. b. To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance. c. A change in the POTW or in treatment demands of the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. d. Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters. e. Violation of any terms or conditions of the wastewater discharge permit, or violation of city ordinance pertaining to waste treatment. f. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting. g. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. h. To correct typographical or other errors in the wastewater discharge permit. i. To reflect a transfer of the facility ownership and/or operation to a new owner/operator. j. User's discharge has caused the POTW to violate federal or state permit requirements. (2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. (k) Transfer. (1) Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days' advance notice to the director and the director approves the wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner and/or operator which: a. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes. b. Identifies the specific date on which the transfer is to occur. 19 c. Acknowledges full responsibility for complying with the existing wastewater discharge permit and assuming the liabilities thereof, including joint and several responsibility with the former permittee for pending or unresolved notices of permit and ordinance violations. (2) Unresolved allegations of permit and ordinance violations and/or unpaid indemnity obligations, fines, or penalties owed by the permittee shall be grounds for the director's denial of permit transfer. The director, in his discretion, may deny transfer of a permit when such grounds are present. (3) Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer. (l) Revocation. (1) Wastewater discharge permits may be revoked for the following reasons: a. Failure to notify the city of significant changes to the wastewater prior to the changed discharge. b. Failure to provide prior notification to the city of changed condition pursuant to section 55-144(e). c. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application. d. Falsifying self-monitoring reports, or withholding of information material to such reports. e. Tampering with monitoring equipment. f. Refusing to allow the city timely access to the facility premises and records. g. Failure to meet effluent limitations. h. Failure to pay fines, penalties, or indemnification obligations. i. Failure to pay sewer charges. j. Failure to meet compliance schedules. k. Failure to complete a wastewater survey or the wastewater discharge permit application. l. Failure to provide advance notice of the transfer of a permitted facility. m. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the article. n. Failure to notify the POTW of a failure in pretreatment facility or equipment. (2) Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. 20 (m) Reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with section 55 -143(e) a minimum of sixty (60) days prior to the expiration of the industrial user's existing wastewater discharge permit. (n) Regulation of wastes received from other jurisdictions. (1) If another jurisdiction, or user located within another jurisdiction, contributes wastewater to the POTW, the director shall enter into an inter local cooperative agreement with the contributing jurisdiction. (2) Prior to entering into an agreement required above, the director shall request the following information from the contributing jurisdiction: a. A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction; b. An inventory of all users located within the contributing jurisdiction that are discharging to the city POTW; and c. Such other information as the director may deem necessary. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 25377, § 8, 7-22-2003) Sec. 55-144. - Reporting requirements. (a) Baseline monitoring reports. (1) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in subsection (a)(2), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in subsection (a)(2), below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. (2) The industrial user shall submit the information required by this section including: a. Identifying information. The name and address of the facility including the name of the operator and owners. b. Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility. 21 c. Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. d. Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). e. Measurement of pollutants. 1. Identify the categorical pretreatment standards applicable to each regulated process. 2. Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (j). Where the standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard. 3. Sampling must be performed in accordance with procedures set out in subsection 55-144(k). 4. In cases where the pretreatment standard requires compliance with a Best Management Practice or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable pretreatment standards to determine compliance with the pretreatment standard. f. Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. g. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection 144(b) of this article. h. Baseline monitoring reports. All baseline monitoring reports must be signed and certified in accordance with section 55-143(e). 22 (b) Compliance schedule progress report. The following conditions shall apply to the schedule required by subsection (a)(2)g. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation). The time frame for progress increments shall not exceed nine (9) months between increments. Preapproval of the director must be secured for the increment performance schedule. The industrial user shall thereafter submit a progress report to the director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress as preapproval by the director, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) months elapse between such progress reports to the director. (c) Report on compliance with categorical pretreatment standard deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subsection (a)(2)d. through (a)(2)f. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 55-143(e). (d) Periodic compliance reports for all significant users. (1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the industrial user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the industrial user. All periodic compliance reports must be signed and certified in accordance with section 55-143(e). (2) All wastewater samples must be representative of the industrial user's discharge during the period covered by the report. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge. (3) If an industrial user subject to the reporting requirement in and of this section monitors any regulated pollutant at a regulated monitoring location more frequently than required by the POTW, using the procedures prescribed in subsection (lk) of this articlesection, the results of this monitoring shall be included in the report. 23 (e) Report of changed conditions. Each industrial user is required to notify the director of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater or any changes at their facility affecting the potential for slug discharge at least thirty (30) days before the change. (1) The director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 55-143(e). (2) The director may issue a wastewater discharge permit under section 55-143 or modify an existing wastewater discharge permit under section 55-143(j). (3) No industrial user shall implement the planned changed condition(s) until and unless the director has responded to the industrial user's notice. (4) For purposes of this requirement, flow increases of ten (10) per centpercent or greater and the discharge of any previously unreported pollutants may be deemed significant. (f) Reports of potential problems. (1) In the case of any discharge including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in section 55-141(a) of this article), it is the responsibility of the industrial user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user. (2) Within five (5) days following such discharge, the industrial user shall, unless waived by the director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article. (3) Failure to notify the city of potential problem discharges shall be deemed a separate violation of this article, and shall be cause for revocation of the user's wastewater discharge permit should such discharge result in damage to or interference with the POTW. (4) The director may require a notice to be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (f)(1), above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. (g) Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the director may require. 24 (h) Notice of violation/repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authoritycity within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authoritycity within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's facility at least once a month, or if the POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling, or if the POTW has performed the sampling and analysis in lieu of the industrial user. If the POTW performed the sampling and analysis in lieu of the industrial user, the POTW will perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat sampling and analysis. (i) Notification of the discharge of hazardous waste. (1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under subsection (e), above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of subsections (a), (c) and (d), above. (2) Dischargers are exempt from the requirements of subsection (j)(1) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazard wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or any quantity of acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33 (e), requires a one - time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. (3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. 25 (4) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (j) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments to that part, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 and amendments to that part do not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with proceduresor where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by the EPA. (k) Sample collection. (k) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that are representative of conditions occurring during the reporting period. (1) Except as indicated in subsectionsubsections (k)(2),) and (k)(3) below, the industrial user must collect wastewater samples using 24-hour flow -proportional composite collection techniques at the specified or permitted discharge point. In the event flow proportional sampling is infeasible,unless the director may authorize the use of approves time proportional sampling. Where time-proportional composite sampling or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory; total residual chlorine, pH, and temperature samples may not be composited under any circumstances. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. (3) For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections 55-144(a) and (c) of this article and in 40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For the reports required by subsection 55-144(c) and in40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. 26 (l) Determination of noncompliance. The director may use a grab sample(s) to determine noncompliance with pretreatment standards. (m) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. (n) Record keeping. Industrial users shall retain, and make available for inspection and copying, for a period of at least three (3) years all records and information required by this article for a period of at least three (3) years., any additional records of information obtained pursuant to monitoring activities undertaken by the industrial user independent of such requirements, and documentation associated with BMPs.. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the director. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 25377, § 9, 7-22-2003) Sec. 55-145. - Compliance monitoring. (a) Inspection and sampling. Authorized representatives of the city, state, and federal governments have the right to enter the facilities of any industrial user during hours of plant operation or during times in which discharge is made to the POTW's collection system to ascertain whether the purpose of this article, and any permit or order issued hereunder is being met and whether the industrial user is complying with all requirements thereof. Minimally, the city shall inspect on an annual basis the premises of each significant industrial user and shall take at least one (1) sample from each significant industrial user each year. and may collect additional samples as needed. Industrial users shall allow the director or the director's representatives ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (1) Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, and federal agencies will be permitted to enter without delay, for the purposes of performing their specific responsibilities. (2) The city, state, and federal agencies shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. (3) The city may require the industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated (at the user's expense) as deemed necessary by the director to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or 27 verbal request of the director and shall not be replaced. The costs of clearing such access shall be born by the industrial user. (5) Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this article. (6) Hours of operation of the plant and times during which the plant is making discharge to the POTW's collection system shall be deemed reasonable hours for entry of city inspectors for the purposes of this section. (b) Search warrants. Under Article 18.05, Texas Code of Criminal Procedure, if the director has been refused access to a building, structure or property or any part thereof, and if the director has demonstrated (1) probable cause to believe that there may be a violation of this article and (2) that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this article, or any permit or order issued under this article, to protect the overall public health safety and welfare of the community, then upon application by the city attorney, through the code enforcement official, the municipal court judge of the city shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer of the city. Hours during the user's plant operation or during user's discharge to the POTW's collection system shall be presumed reasonable hours of access. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (c) Confidential information. Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDESTPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Any request for confidentiality must be clearly asserted in writing at the time the report is submitted. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (d) Publication of industrial users in significant noncompliance. (SNC). The city shall publish annually, in compliance with EPA regulations and federal and state permits, in the largest dailya newspaper published in the municipality whereof general circulation that provides meaningful public notice within the jurisdictions served by the POTW is located, a list of the industrial users which, during the previous twelve (12) months or other periods as specified by federal and state law, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (1) Chronic violations of wastewater discharge limits defined here as those in which sixty-six (66) per centpercent or more of wastewater measurements taken for the same pollutant parameter 28 taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter (by any amount;magnitude) a numeric pretreatment standard or requirement, including instantaneous limits; (2) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) per centpercent or more of wastewater measurements taken for each pollutant parameter during a six- month period equals or exceeds the product of the daily maximum limit or the average limitnumeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria (one and four-tenths (1.4) for BOD, TSS, COD, fats, oils and grease, and one and two-tenths (1.2) for all other pollutants except pH); (3) Any other discharge violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous maximum limit, or narrative standard) that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public); (4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge; (5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; (8) Failure to provide a plan for correction and prevention within thirty (30forty-five (45) days after notice of and direction for submission to the city of a remedial action plan, as described in section 55-146(a). (9) Any other violation(s)), which may include a violation of BMPs, which the city determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 25377, § 10, 7-22-2003) Sec. 55-146. - Enforcement. (a) Notification of violation; administrative remedies. Whenever the director finds that any user has violated or is violating this article, a wastewater discharge permit or directive issued hereunder, or any other pretreatment requirement, the director or his agent may serve upon said user a written notice of violation and direction for remedial action plan. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. The director may prescribe in the 29 notice of violation and direction for remedial action plan, the minimal compliance actions and responses required of the violator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation and directive for remedial action plan. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation and directive for remedial action plan. (b) Meeting prior to enforcement action; director's discretion. The director, at the director's discretion, may direct any user which causes or contributes to violation(s) of this article, wastewater discharge permits, or directives issued hereunder, or any other pretreatment standard or requirement, to appear before the director to show why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the meeting. Such notice may be served on any authorized representative of the user. Whether or not the user appears as directed, immediate enforcement action may be pursued following the hearing date. Such meeting shall not be a required prerequisite for taking any other action against the user. (c) Discontinuances of sewer and water service. When the director finds that a user has violated or continues to violate the article, wastewater discharge permit or fails to timely respond to a directive for a remedial action plan issued hereunder, or any other pretreatment standard or requirement, he may issue a directive to the user responsible for the discharge directing that the user come into compliance within twenty-four (24) hours. If the user does not come into compliance within twenty-four (24) hours, sewer service and water service may be discontinued at the director's discretion. Compliance directives may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance directive may not extend the deadline for compliance established for a federal or state pretreatment standard or requirement, nor does a compliance directive release the user of liability for any violation, including any continuing violation. Issuance of a compliance directive shall not be a required prerequisite to taking any other action against the user. (d) Emergency suspensions. (1) The director may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment. a. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer and water connections to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in subsection (e) are initiated against the user. 30 b. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the director, prior to the date of any pre-enforcement meeting or termination meeting under subsection (b) or subsection (e) respectively. (2) Nothing in this section shall be interpreted as requiring a meeting or hearing prior to any emergency suspension under this section. (e) Termination of discharge. (1) In addition to those provisions in subsectionsection 55-143(l) of this article, any user that violates the following conditions of this article, wastewater discharge permits, or directives issued hereunder, is subject to discharge termination. a. Violation of wastewater discharge permit conditions. b. Failure to accurately report the wastewater constituents and characteristics of its discharge. c. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge. d. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling. Reasonable access is access requested by the city anytime during operation of the facility or at anytime that discharge is taking place. e. Violation of the pretreatment standards in section 55-141 of this article. (2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show under subsection (b) of this article why the proposed action should not be taken, subject to the director's authority to immediately suspend discharge under subsection (d). (f) Injunctive relief; judicial remedies. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, wastewater discharge permits or directives issued hereunder, or any other pretreatment requirement, the director, through the city's attorney, may petition the state court authorized under the V.T.C.A.,Texas Local Government Code §, section 54.012, as amended or succeeded by other statute, for the issuance of a temporary restraining order, temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, directives, or other requirement imposed by this article on activities of the user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. (g) Civil penalties. (1) Any user which has violated or continues to violate this article, any directive or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty allowed under state law, but not less than one thousand dollars 31 ($1,000.00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (2) The city may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city, including but not limited to recovery of fines and penalties incurred by the city resulting from user violations prompting POTW permit violations. (3) To aid the court in determining the amount of civil liability, the director may request the court take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (4) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user. (h) Criminal prosecution. (1) Any user that willfully or negligently violates any provision of this article, any directives or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000.00) nor less than one thousand dollars ($1,000.00) per violation per day. (2) Any user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine of at least two thousand dollars ($2,000.00). This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (3) Any user that knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than two thousand dollars ($2,000.00) nor less than one thousand dollars ($1,000.00) per violation per day. (4) In the event of a second conviction, a user shall be punished by a fine of not less than two thousand dollars ($2,000.00) per violation per day. (i) Remedies nonexclusive. The provisions in subsectionsection 55-145(d) through subsectionsection 55-146(k) are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one (1) enforcement action against any noncompliant user. These actions may be taken concurrently. (j) Performance bonds; supplemental enforcement action. The director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this article, any directives, or a previous wastewater discharge permit issued hereunder, unless such user first files a 32 satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance. Such bond must be made by a company licensed to do insurance business in the State of Texas and possess at least an "A -" rating in the current A.M. Best Company listings. (k) Liability insurance. The director over wastewater operations may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this article, any directive, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (l) Compliance order. When the director finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that user to come into compliance within a specified time. A compliance order may also be used to establish an agreement with IUs for instances of noncompliance or require a user to develop management practices, spill prevention programs, and meet TCEQ pretreatment program requirements or objectives. The compliance order is in the form of a Notice of Violation and Directive for a Remedial Action Plan and directs the violator to achieve or restore compliance. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 25377, § 11, 7-22-2003; Ord. No. 031700, § 3, 3-19- 2019) Sec. 55-147. - Affirmative defenses to discharge violations of federal categorical pretreatment standards and local limits. (a) Act of God. If a person can establish that an event that would otherwise be a violation of this article, a wastewater permit, a directive issued under this article, or any pretreatment standard or requirement was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this article, a wastewater permit, a directive issued under this article, or any pretreatment standard or requirement. (b) Affirmative defenses to other general and specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in subsectionsection 55-141(a) of this article if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference, or (2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDESTPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (c) Bypass. 33 (1) Definitions. a. Bypass means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. b. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the presence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (2) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsection (c)(3) and subsection (c)(4). (3) a. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten (10) days before the date of the bypass if possible. b. a. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. (4) a. Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless: 1. a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2. b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 3. c. The industrial user submitted notices as required under subsection (c)(3) of this section. b. (5) The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three (3) conditions listed in subsection (c)(4)a. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 24793, § 1, 3-5-2002; Ord. No. 25377, § 12, 7-22-2003) 34 Page 34 of 36 Sec. 55-148. - Fees. (a) Abnormal wastewater surcharge. (1) Any user generating wastewater which exhibits none of the characteristics of prohibited wastes as described in subsection 55-141(a), but which has an average concentration of biochemical oxygen demand, has an average concentration of chemical oxygen demand, or contains total suspended solids in excess of normal wastewater (as defined in subsection 55-140(c)), may be required to pretreat to meet the requirements of normal wastewater or such other more stringent parameters as the city may determine as necessary and appropriate to the particular treatment plant receiving such abnormal wastewater. Pretreated abnormal wastewater may be accepted by a POTW if all the following requirements are met: a. The wastes will not cause damage to the collection system. b. The wastes will not impair the treatment processes. c. The user pays the applicable surcharge over and above published sewer rates, as provided herein; and d. The waste is amenable to treatment such that when it leaves the treatment plant to be discharged, the waste does not exceed, or cause the total discharge to exceed, the standards set by federal and state agencies having jurisdiction. (2) Prior to imposition of a surcharge, the user shall be notified in writing that his waste discharge is in excess of normal wastewater as established in this article. (3) Surcharges will be adjusted on billings for the month following submission of new data but not more frequently than quarterly, unless authorized by the director. (4) The volume of flow used in computing abnormal wastewater surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the city of utilities department. In the event that a person discharging waste into the POTW produces evidence to the city demonstrating that a portion of the total amount of water used for all purposes does not reach the POTW, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon his request, to measure only that portion of the total flow being discharged into the POTW. Upon request by the user, credit may be allowed by the city for evaporation, product water exported from the user or other operational consumption through which such water is not discharged to the POTW. If it is impossible to show volume by metering, then recognized industry standards designated by the city shall apply. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (5) Any person discharging industrial waste into the POTW who procures any part or all of his water supply from sources other than the city utilities department, all or part of which is discharged into the POTW, shall install and maintain at his expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water as measured by the aforesaid meter, or meters, does not enter the POTW of the city, then the user if he so elects, may install additional approved meters at the user's expense in such a manner 35 Page 35 of 36 as to measure the quantity of water actually entering the said POTW system from the premises of such user, and the quantity of water used to determine the wastewater service charge and abnormal wastewater surcharge shall be the quantity of water actually entering the POTW as so determined. (6) Computations of each surcharge, as applicable, shall be based on the following: S = V x 8.34 x X x (COD-562) S = V x 8.34 x Y x (BOD-250) S = V x 8.34 x Z x (TSS-250) S = Surcharge in dollars for the billing period. V = Water consumption in millions of gallons during the billing period. 8.34 = Weight of water in pounds per gallon. X = Unit charge in dollars per pound for COD as established in subdivision (8) of this subsection. Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/l. BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/l. TSS = Total suspended solids strength index in parts per million by weight, or mg/l. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/l. 562 = Normal COD strength in parts per million by weight, or mg/l. (7) The city reserves the right to review and approve any waters or industrial waste entering the POTW or proposed to be discharged into the system having an average daily flow greater than ten (10) per centpercent of the design flow capacity of the plant which will treat the waste. In the event the city's measurement discloses such flow to be in excess of ten (10) per centpercent of said capacity, the city shall be under no obligation to receive such flow in excess of ten (10) per centpercent of design capacity and the city's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the city. A special contract, at the city's option, may be made with the user to accommodate such excess flow. (8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: Value Effective October 1, 2014 X (unit charge in dollars per pound of COD) $0.0000 36 Page 36 of 36 Y (unit charge in dollars per pound of BOD) 0.4014 Z (unit charge in dollars per pound of TSS) 0.2882 (b) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include: (1) Fees for wastewater discharge permit applications including the cost of processing such applications as set forth in the wastewater fee schedule. (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by the industrial user. (3) Fees for reviewing and responding to accidental discharge procedures and construction. (4) Fees for filing appeals. (5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the city. (Ord. No. 21666, § 1, 6-1-1993; Ord. No. 21814, § 1(g), 12-14-1993; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § 1g, 7-24-2001; Ord. No. 24969, § 8, 7-23-2002; Ord. No. 25377, § 13, 7-22-2003; Ord. No. 25396, § 8, 7-22-2003; Ord. No. 025866, § 7, 7-27-2004; Ord. No. 026368, § 7, 7-26-2005; Ord. No. 026900, § 7, 7-25-2006; Ord. No. 027355, § 7, 7-24-2007; Ord. No. 027781, § 9, 7-22-2008; Ord. No. 028256, § 7, 7-28-2009; Ord. No. 028690, § 3, 7-20-2010; Ord. No. 029917, § 8, 7-30-2013; Ord. No. 030295, § 6, 9-23-2014) Sec. 55-149. - Miscellaneous provisions. (a) Severability. If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. (b) Conflicts. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this article, are hereby repealed to the extent of the inconsistency or conflict. (c) Effective date. This article shall be in full force and effect immediately following its passage and approval as provided by law. (Ord. No. 21666, § 1, 6-1-1993) DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Ordinance authorizing the acceptance of the Gulf of Mexico Energy Security Act (“GOMESA”) grant funding from the Texas General Land Office – Coastal Management Program in an amount of $253,307.00 for the acquisition of property adjacent to Laguna Madre and in the Redhead Pond area, for stormwater re-route associated with the Bond 2018 Laguna Shores street reconstruction projects, located in Council District 4, and appropriating an amount of $253,307.00 in the Community Development Grant Fund. SUMMARY: This ordinance authorizes the acceptance of the Gulf of Mexico Energy Security Act (“GOMESA”) grant funding from the Texas General Land Office – Coastal Management Program for the acquisition of property located adjacent to Laguna Madre and the Redhead Pond area for stormwater re-route associated with the Bond 2018 Laguna Shores street reconstruction projects. This project is expected to improve water quality, re-establish a vital freshwater source, and increase wildlife diversity in the area. BACKGROUND AND FINDINGS: Redhead Pond area has been converted from a freshwater source for many wintering ducks and shorebird populations to a saline/brackish water pond due to re-routing of stormwater infrastructure changes in the area and rising tides. Additionally, a nearby culvert has also allowed saline waters from the adjacent body of water, Laguna Madre, to enter Redhead Pond during high tide events. To resolve this issue, the City has developed a Mitigation Plan for Laguna Shores Rehabilitation – Segments 1, 2, and 3 (each segment is related to the three Laguna Shores street reconstruction projects). The mitigation plan proposes a “watershed approach” and involves stormwater re-route projects associated with Bond 2018 Laguna Shores reconstruction, wetland preservation, and other hydrologic restoration activities for Redhead Pond. The City’s stormwater re-route project will take place in the Segment 2 area, but will impact all 3 segments, and will re- introduce freshwater into Redhead Pond to gradually restore the freshwater balance in Redhead Ordinance Accepting and Appropriating Texas General Land Office-Coastal Management Program’s Gulf of Mexico Energy Security Act Grant Funding for Redhead Pond Project AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of January 26, 2021 Second Reading Ordinance for the City Council Meeting of February 9, 2021 Pond. This project is expected to result in improved water quality, re-establishment of fresh habitats, and significant increases in wildlife diversity and use due to the availability of freshwater in the area. To proceed with the mitigation plan, the City must acquire the property adjacent to Redhead Pond and contiguous with the existing Texas Parks & Wildlife Department’s Redhead Pond Wildlife Management Area (WMA). The City plans to use the GOMESA grant funding to acquire 24.43 acres of wetland and upland property adjacent to Redhead Pond. The acquisition and subsequent conservation of this ecologically sensitive property will provide a physical continuum of and a buffer around the Redhead Pond WMA and will prevent the land from being developed in the future. The City already has conducted the title search and has acquired the following documents: Willing Seller Letter, Title Commitment, and Environmental Study – Phase I. Upon Council approval, the City will fulfill the following grant requirements:  Property Appraisal in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions.  Phase 2 Environmental Study, if needed. ALTERNATIVES: The alternative is to not accept the grant. By doing so, Redhead Pond will continue to be brackish and saline and negatively impact local and migratory wildlife. FISCAL IMPACT: The fiscal impact in FY 2021 is the acceptance and appropriation of the GOMESA grant in an amount of $253,307.00 to the Community Development Grant Fund. There is no required City match. Funding Detail: Fund: Community Development Grant (Fund 1072) Mission Elem: 071 Account: 550005 – Land & Land Rights Activity: 870104S Amount: $253,307 RECOMMENDATION: Staff recommends approval of the ordinance to authorize the acceptance and appropriation of the GOMESA grant. This grant will acquire 24.43 acres of wetland and upland property which includes the 9.0-acre Redhead Pond. The acquisition of this property is expected to improve water quality, reduce non-point source pollution, re-establish fresh and brackish march habitats, and increase wildlife diversity in the area. LIST OF SUPPORTING DOCUMENTS: Ordinance Mitigation Plan – Laguna Shores Rehabilitation – Segments 1, 2, and 3 Maps Willing Seller Letter Title Commitment 1 Ordinance authorizing the acceptance of the Gulf of Mexico Energy Security Act (“GOMESA”) grant funding from the Texas General Land Office – Coastal Management Program in an amount of $253,307.00 for the acquisition of property adjacent to Laguna Madre and in the Redhead Pond area, for stormwater re-route associated with the Bond 2018 Laguna Shores street reconstruction projects, located in Council District 4, and appropriating an amount of $253,307.00 in the Community Development Grant Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The $253,307 GOMESA funds from the Texas General Land Office is appropriated in Fund No. 1072 for the acquisition of property adjacent to Redhead Pond. Section 2. The FY 2021 Operational Budget adopted by Ordinance No. 032203 is amended to increase appropriations by $253,307. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ 2 PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES LAGUNA SHORES ROAD TRACTS 1-8 AERIAL MAP NOT TO SCALE CA R I B B E A N D R . HU S T L I N ' H O R N E T D R .LAGUNA SHORES RD.DEBRA LN.BE A S L E Y R D . FLOUR BLUFF I.S.D REDHEAD POND Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By FIDELITY NATIONAL TITLE INSURANCE We (Fidelity National Title Insurance) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. San Jacinto Title Services of Texas, LLC Authorized Signatory CONDITIONS AND STIPULATIONS Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Conditions and Stipulations 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A Issued By FIDELITY NATIONAL TITLE INSURANCE Effective Date: November 8, 2020 GF No.: 200239676 Commitment No.200239676, issued November 16, 2020,12:00 AM 1. The policy or policies to be issued are: a.OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount:TBD PROPOSED INSURED:City of Corpus Christi b.TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R) Policy Amount: PROPOSED INSURED: c.LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d.TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e.LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f.OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple SCHEDULE A (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A 3. Record title to the land on the Effective Date appears to be vested in: Tracey Duncan aka Tracy Ellen Duncan Title via: Executrix's Deed not dated, but acknowledged on Nov. 16, 2008, from Tracy Duncan, Independent Executrix of the Estate of William Edward Duncan, Deceased, Probate Cause No. 43867-4, Nueces County, Texas, to Tracy Duncan, individually, recorded at Document No. 2008053232, Official Public Records of Nueces County, Texas. SCHEDULE A (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A 4. Legal description of land: REQUIREMENT: Prior to closing this transaction, Company requires a Survey and Field Notes/Metes and Bounds describing the exact boundaries of the property to be insured for examination and approval. The survey must reflect the adjacent owner(s) and dedicated road(s) to subject property road which complies with the General Rules of Procedures and Practices Act RE.663.18, Certification Item #7. This Commitment will be amended upon receipt of the survey and metes and bounds description. SURVEY PENDING - NEW DESCRIPTIONS FOR PROPERTY BEING SOLD: FIRST TRACT: 15.909 ACRES OF LAND, MORE OR LESS OUT OF LOTS NINETEEN (19), TWENTY (20), TWENTY-ONE (21), AND TWENTY-FOUR (24), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. SECOND TRACT: 0.508 OF AN ACRE OF LAND, MORE OR LESS, OUT OF LOT TWENTY-FOUR (24), , SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. THIRD TRACT: 1 ACRE OF LAND, MORE OR LES, OUT OF LOT TWENTY (20), , SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. FOURTH TRACT: 0.50 OF AN ACRE OF LAND, MORE OR LESS, OUT OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT A LATER DATE. FIFTH TRACT: 0.75 OF AN ACRE OF LAND, MORE OR LESS, OUT OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a stake in the north line of the South 3/4 of Lot 20, Block 54, Flour Bluff and Encinal Subdivision as now fenced, being the north line of the W. R.Duncan Tract, and 138.7 feet S. 61° E., from the west line of said Lot 20, Block 54, for the Northwest corner of this 0.75 acre tract; THENCE S. 61° E. with the fence line, being the north line of the Duncan Tract 163.3 feet to the northwest corner of the 0.5 acre tract previously secured from W. R. Duncan by instrument dated November 12, 1940; THENCE S. 29° W. with the west line of said 0.5 acre tract 200 feet to the southwest corner of same, which is the southeast corner of this 0.75 acre tract; THENCE N. 61° W., 163.3 feet to a stake for the southwest corner of this tract; THENCE N. 29° E., 200 feet TO THE PLACE OP BEGINNING and containing 0.75 of one acre of land, more SCHEDULE A (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A or less. SIXTH TRACT: 3.72 ACRES OF LAND, MORE OR LESS, OUT OF LOT NINETEEN (19), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. SEVENTH TRACT: 2.044 ACRES OF LAND, MOR EOR LESS, OUT OF LOTS NINETEEN (19) AND TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. EIGHTH TRACT: 0.447 ACRE OF LAND, MORE OR LESS, OUT OF LOT NINETEEN (19), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. PARENT TRACT DESCRIPTION for surveyor's use: FIRST TRACT: PORTION OF LOTS NINETEEN (19), TWENTY (20), TWENTY-ONE (21), AND TWENTY-FOUR (24), SECTION fFIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Texas according to the map or plat thereof recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces County, Texas, more fully described by metes and bounds in Warranty Deed dated March 16, 1991 recorded at C1erks File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas, Save and Except portion as therein recited. LESS AND EXCEPT, THAT CERTAIN TRACT OF LANID DEDICATED AS KNOWN AS CEMETARY NOT INCLUDED; LESS AND EXCEPT, HOWEVER, A 4.108 ACRE TRACT CONVEYED TO JEFFERY B. SMITH, RECORDED AT DOCUMENT NO. 2007018457, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. LESS AND EXCEPT, HOWEVER, PORTION CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS BY JOE HANSLER AND HENRY L TUCKER, SR. BY WARRANTY DEED DATED SEPTEMBER 29, 1983, RECORDED AT FILE NO. 353611, VOLUME 1899, PAGE 492, DEED RECORDS OP NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED BY METES AND BOUNDS IN SAID WARRANTY DEED. LESS AND EXCEPT, HOWEVER, that certain 1 acre tract of land, more or less, described in Warranty Deed dated Feb. 9, 2011, from Tracy Duncan, to Owen A. Norton, recorded at Document No. 2011005970, Official Public Records of Nueces County, Texas. SCHEDULE A (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A LESS AND EXCEPT, HOWEVER, that certain tract of 0.4474 acre of land, more or less, called Tract 1 in Warranty Deed dated FEb. 24, 2017, from Tracy Duncan, to Angeles De Dios, recorded at Document No. 2017008209, Official Public Records of Nueces County, Texas. SECOND TRACT: Five (5) acres more or less, In the form of a square out of the North corner of the south or southwest 3/4TH of LOT NINETEEN (19), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded in Volume A, Pages 41, 42 and 43, Map Records, Nuecas County, Texas and described by metes and bounds as follows: BEGINNING at a point in the Northwest line of said Lot No.19 at the Intersection of said line with the Southwest boundary line of road running through said Section No. 54, as shown by map thereof, recorded in Volume A, Page 42 of the Nueces County Map Records, for the north corner of this five acres; THENCE with the northwest boundary line of said Lot No. 19, S. 29 deg. W., 155.556 yards for the west corner of this tract; THENCE S. 61 deg. E., parallel with the NE boundary line of said Lot No. 19, 155.556 yards for the south corner of this tract; THENCE N. 29 deg. E, parallel with the NW boundary line of said Lot Ne. 19, 155.556 yards for the east corner of this tract; THENCE N. 61 deg. W., with SW boundary line of said road, 155.556 yards to the PLACE OF BEGINNING. LESS AND EXCEPT portion conveyed to the City of Corpus Christi, Texas by Joe Hansler and Henry L. Tucker, Sr. by Warranty Deed dated September 29, 1983 recorded at File No. 353611, Volume 1899, Page 492, Deed Records of Nueces County Texas, more fully described by metes and bounds In said Warranty Deed. LESS AND EXCEPT, HOWEVER, that certain tract of 0.5080 acre of land, more or less, called Tract 2 in Warranty Deed dated Feb. 24, 2017, from Tracy Duncan, to Angeles De Dios, recorded at Document No. 2017008209, Official Public Records of Nueces County, Texas. THIRD TRACT: PORTION OF LOTS TWENTY (20) AND TWENTY-ONE (21), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof recorded in Volume A, Pages 41, 42 and 43, Map Records, Nuece County, Texas, more fully described by metes and bounds in Warranty Deed dated March 26, 1991 recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas, containing 2.044 acre, more or less, SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT A LATER DATE. FOURTH TRACT: PORTION OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, more fully described by metes and hounds in Warranty Deed dated March 16, 1991 recorded at File No.750350, Volume 2244, Page 498, Deed Records of Nuaces County, Texas, contaIning 0.75 acres, more or less, and being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a stake in the north line of the South 3/4 of Lot 20, Block 54, Flour Bluff and Encinal Subdivision as now fenced, being the north line of the W. R.Duncan Tract, and 138.7 feet S. 61° E., from the west line of said Lot 20, Block 54, for the Northwest corner of this 0.75 acre tract; THENCE S. 61° E. with the fence line, being the north line of the Duncan Tract 163.3 feet to the northwest SCHEDULE A (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A corner of the 0.5 acre tract previously secured from W. R. Duncan by instrument dated November 12, 1940; THENCE S. 29° W. with the west line of said 0.5 acre tract 200 feet to the southwest corner of same, which is the southeast corner of this 0.75 acre tract; THENCE N. 61° W., 163.3 feet to a stake for the southwest corner of this tract; THENCE N. 29° E., 200 feet TO THE PLACE OP BEGINNING and containing 0.75 of one acre of land, more or less. FIFTH TRACT: PORTION OF LOT TWENTY (20), SECTION FIFTY-POUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces County, Texas, more fully described by metes and bounds in Warranty Deed dated March 26, 1991 recorded at File No. 750330, Volume 2344, Page 498, Deed Records of Nueces County, Texas, containing 0.52 acres, more or lees, and being more particularly deacribed by metes and bounds as follows to-wit: BEGINNING at a stake in the north line of the South 3/4 of Lot 20, Block 54, Flour Bluff and Encinal Subdivison as now fenced, being the north line of the W.R Duncan Tract, and 302 feet east of the west line of said Lot 20. Block 54 of said subdivision. Said beginning point also being located N. 24° 10’ E. 331 feet from Rumble - W. B. Duncan No. 1 producing oil well; THENCE with the north line of the South 3/4 of Lot 20, Block 54, as fenced, S. 61° E., 109 feet to a stake; THENCE S. 29° W., 200 feet to a stake; THENCE N. 61° W., 109 feet to a stake; THENCE N. 29° E.., 200 feet to the PLACE OF BEGINNING, containing 0.52 acres of land, more or less. SIXTH TRACT: PORTION OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof; recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces Couuty, Texas, more fully described by metes and bounds in Warranty Deed dated March 26, 1991 recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas, containing 1.00 acres, more or less, and SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT LATER DATE. SEVENTH TRACT: PORTION OF LOTS NINETEEN (19), TWENTY (20), TWENTY-ONE (21), AND TWENTY-FOUR (24), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Chirsti, Nueces County, Texas according to map or plat thereof; recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces County Texas, more fully described in Warranty Deed dated March 26, 1991, recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nuece. County, Texas, contaIning 1.00 acres, more or less, and SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT A LATER DATE. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. EXAMINER'S NOTE TO SURVEYOR: See General Warranty Deed dated March 26, 1991, from Lou Ann Fordan Rosebraugh, et al., to William E. Duncan and Violet M. Duncan, recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas; SCHEDULE A (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule A and Tax Resale Deed dated Sept. 25, 2001, from Nueces County, Texas, to William E. Duncan, recorded at Document No. 2001041590, Official Public Records of Nueces County, Texas, which are the parent tracts for all the above. San Jacinto Title Services of Texas, LLC Authorized Signatory Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B Commitment No.: 200239676 GF No.: 200239676 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1.The following restrictive covenants of record itemized below: This item is deleted. (Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin.) 2.Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3.Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4.Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a.to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b.to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c.to filled-in lands, or artificial islands, or d.to statutory water rights, including riparian rights, or e.to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5.Standby fees, taxes and assessments by any taxing authority for the year 2019, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2018, and subsequent years.") 6.The terms and conditions of the documents creating your interest in the land. 7.Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) SCHEDULE B (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B 8.Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9.The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10.The following matters and all terms of the documents creating or offering evidence of the matters: a.Right of parties in possession. (Owner's Policy Only) b.Rights of tenants in possession, as tenants only, under unrecorded lease agreements.(May be deleted with appropriate Affidavit at closing.) c.Any visible and apparent unrecorded easements on the insured property.(Owner’s Policy Only) d.Rights of the Public in and to any portion of subject property lying within a public road. (To be deleted upon receipt and review of a current on the ground survey, eliminating portion, if any, from metes and bounds description). e.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (NOTE: Upon receipt of a survey acceptable to the Company, this exception will be deleted. Company reserves the right to add additional exceptions per its examination of said survey.) f.Building, Zoning, Platting and/or Regulatory Laws and/or Ordinances of any Municipal and/or other Governmental Authority. g.The Company does not insure title to, and excepts from the description of the Land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto; the same are EXCLUDED FROM COVERAGE under this policy. h.All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. SCHEDULE B (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B i.Leases for coal, lignite, oil, gas or other minerals, together with rights incident thereto, (1) dated Jan. 28, 1915, to Clark Pease and H. G. Sherman, recorded in Volume 1, Page 35, Oil and Gas Records of Nueces County, Texas; (2) dated Feb. 3, 1926, to R. L. Brown, recorded at File No. 25379, Volume 4, Page 451, Oil and Gas Records of Nueces County, Texas; (3) dated Aug. 31, 1935, to H. G. Sherman and T. C. Brannan, recorded at File No. 98762, Volume 22, Page 348, Oil and Gas Records of Nueces County, Texas; (4) dated Mar. 6, 1926, to D. C. DeWitt, recorded at File No. 99223, Volume 24, Page 411, Oil and Gas Records of Nueces County, Texas; (5) dated May 29, 1940, to Humble Oil and Refining Company, recorded at File No. 150636, Volume 58, Pgae 98, Oil and Gas Records of Nueces County, Texas; (6) dated Mar. 24, 1994, to Texas Crude Energy, Inc., recorded at Document No. 909183, Official Public Records of Nueces County, Texas; (7) dated April 1, 1994, to Texas Crude Energy, Inc., recorded at Document No. 909184, Official Public Records of Nueces County, Texas; (8) dated April 1, 1994, to Texas Crude Energy, Inc., recorded at Document No. 909185, Official Public Records of Nueces County, Texas; (9) dated Mar. 24, 1994, to Texas Crude Energy, Inc., recorded at Document No. 911557, Official Public Records of Nueces County, Texas; (10) dated May 31, 1994, to Pittencrieff America, Inc., recorded at Document No. 913529, Official Public Records of Nueces County, Texas; No further search of title has been made as to the interest(s) evidenced by the instruments, and the Company makes no representation as to the ownership or holder of such interest(s). j.Term and provisions contained in Pooling Agreement dated Nov. 29, 1940, by Humble Oil and Fefining Company, et al., recorded at File No. 157789, Volume 60, Page 366, Oil and Gas Records of Nueces County, Texas. Title to said interest not researched subsequent to the date of aforesaid instrument. SCHEDULE B (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B k.Interests in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instruments (1) Mineral Deed dated Oct. 12, 1936, from A. I. Curry, et ux., Minnie B. Curry, to Carroll Oil Company, recorded at File No. 106962, Volume 26, Page 626, Oil and Gas Records of Nueces County, Texas; (2) Royalty Deed dated May 28, 1936, from Wesley Ray Duncan, et ux. Lula Pearl Duncan, to Carroll Oil Company, recorded at File No. 102262, Volume 27, Page 320, Oil and Gas Records of Nueces County, Texas; (3) Royalty Deed dated April 3, 1936, from Welsey R. Duncan, et ux., Lula Duncan, to W. S. Winn, recorded at File No. 99942, Volume 28, Page 31, Oil and Gas Records of Nueces County, Texas; (4) Royalty Deed dated April 3, 1936, from Wesley R. Duncan, etux., Lula Pearl Dunca, to MartH. Royston, recorded at File No. 101568, Volume 28, Page 220, Oil and Gas Records of Nueces County, Texas; (5) Royalty Deed dated Aug. 24, 1926, from Wesley R. Duncan, et ux., Lula Duncan, to B. C. Hiner, recorded at File No. 105262, Volume 29, Page 579, Oil and Gas Records of Nueces County, Texas; (6) Royalty Deed dated Jan. 19, 1937, from Wesley R. Duncan, et ux., Lula Pearl Duncan, to Mary Russ Daimwood, recorded at File No. 110747, Volume 33, Page 613, Oil and Gas Records of Nueces County, Texas; (7) Deed dated Feb. 10, 1972, from Humble Oil and Refining Copany, to Sun Oil Company, recorded at File No. 875882, Volume 1425, Page 984, Deed Records of Nueces County, Texas; (8) Mineral Deed dated Dec. 19, 1985, from MBank Houston, N. A. et al, to William L. Higgins, et al., recorded at File No. 478736, Volume 384, Page 940, Oil and Gas Records of Nueces County, Texas; No further search of title has been made as to the interest(s) evidenced by the instruments, and the Company makes no representation as to the ownership or holder of such interest(s). l.All interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in the deed from James R. Busby to Joe Hansler and Henry L. Tucker, Sr., conveyance of SURFACE ESTATE ONLY Recording No.: 190740, Volume 1750, Page 144, Deed Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the above-cited instrument. m.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Humble Oil and Refining Company Purpose: Pipeline and appurtenance purposes Recording Date: November 28, 1943 Recording No: 108744, Volume 222, Page 356, Deed Records of Nueces County, Texas. (Blanket) SCHEDULE B (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B n.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Humble Oil and Refining Company Purpose: Pipeline and appurtenance purposes Recording Date: November 28, 1936 Recording No: 108747, Volume 222, Page 359, Deed Records of Nueces County, Texas. (Blanket) o.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: L. F. Brothers Purpose: Perpetual easement or right of way for ingress and egress and appurtenance purposes Date: May 21, 1937 Recording No: Volume 231, Page 132, Deed Records of Nueces County, Texas. p.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Humble Oil and Refining Company Purpose: Pipelines, roadways, and appurtenance purposes Recording Date: December 21, 1940 Recording No: 157668, Volume 264, Page 329, Deed Records of Nueces County, Texas. (Blanket) q.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: February 21, 1940 Recording No: 148369, Volume 256, Page 249, Deed Records of Nueces County, Texas. (Blanket) r.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: February 18, 1940 Recording No: 150308, Volume 258, Page 204, Deed Records of Nueces County, Texas. (Blanket) SCHEDULE B (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B s.Terms and provisions contained in Surface Lease and Right of Way Grant dated Dec. 20, 1950, from Wesley R. Duncan, et ux., Lula Pearl Duncan, to Union Sulphur and Oil Corporation, recorded at File No. 325364, Volume 511, Page 155, Deed Records of Nueces County, Texas. Title to said interest not researched subsequent to the date of aforesaid instrument. t.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Nueces, State of Texas Purpose: Roadway and appurtenance purposes Date: February 10, 1951 Recording No: 325555, Volume 511, Page 412, Deed Records of Nueces County, Texas. Affects: Portion of Lot 20, Section 54 u.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Nueces, State of Texas Purpose: Roadway and appurtenance purposes Date: February 9, 1951 Recording No: 325565, Volume 511, Page 437, Deed Records of Nueces County, Texas. Affects: Portion of Lot 20, Section 54 v.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Union Sulphur and Oil Corporation Purpose: Cathodic protection station, ingress and egress thereto, and appurtenance purposes Date: July 5, 1951 Recording No: 334869, Volume 528, Page 395, Deed Records of Nueces County, Texas. Affects: Portion of Lots 20, and 21, Section 54 w.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Corpus Christi, Texas Purpose: Utilities and appurtenance purposes Date: January 21, 1983 Recording No: 308705, Volume 1857, Page 874, Deed Records of Nueces County, Texas. (Defined) Affects: Portion of Lot 24, Section 54 x.Terms and provisions contained in Grant of Surface Rights dated April 8, 1988, from Exxon Corporation, to Southwestern Bell Telephone Company, recorded at File No. 610820, Volume 2108, Page 601, Deed Records of Nueces County, Texas. (Map attached showing location) SCHEDULE B (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule B y.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Corpus Christi, Texas Purpose: Utilities and appurtenance purposes Date: September 13, 1994 Recording No: 929314, Official Public Records of Nueces County, Texas. Affects: Portion of Lot 24, Section 54 - Map attached z.Terms, provisions and conditions as contained in Affidavit of Dedication for Cemetery Purposes for the Duncan Cemetery, dated December 6, 2000, by the Texas Historical Commission recorded at Document No. 200050997, Official Public Records of Nueces County, Texas; together with the rights of sepulture, maintenance, visitation, and rights of ingress and egress; any and all contracts, deeds, plot conveyances, certificates, which maybe recorded or unrecorded, including, but not limited to, certificates recorded at Documents No. 1996019358 and 1996019359, Official Public Records of Nueces County, Texas . (Map attached showing location) aa.A thirty foot (30') private roadway easement as shown on REPLAT OF DUNCAN CEMETERY filed March 22, 2010, recorded in Volume 67, Page 367, Map and Plat Records of Nueces County Texas ab.SEVENTH TRACT: The Company assumes no loss or liability by reason of: (a) Navigational servitudes and all other rights, titles and powers of the United States, the state and local government, and any other governmental entity and the public over lands comprising the beds of oceans, gulfs or bays and their shore lands extending to the ordinary high water line thereof. (b) Lands beyond the line of the border or bulkhead lines, or vegetation line. (c) Filled lands, submerged lands or artificial lands, including any determination that some portion of the land is tide or submerged lands, or has been created by artificial means or has accredited to such portion so created. (d) Riparian or water rights, claims or title to water, whether or not shown by the public records. (e) Changes in area and/or boundary of the subject property as a result of erosion, accretion and avulsion cause by tidal influences. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments or other entities to tidelands, or land comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, or to any land extending from the line of mean low tides to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government or to filled land, or artificial island, or to riparian rights or the right of interests of the State of Texas, or the public generally in the area extending from the line of mean low tide to the line of vegetation or their rights of access thereto or right of easement along and across the same. ac.Matters reflected on the new surveys to be provided at a later date. Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule C SCHEDULE C Commitment No.: 200239676 GF No.: 200239676 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1.Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2.Satisfactory evidence must be provided that: a.no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b.all standby fees, taxes, assessments and charges against the property have been paid, c.all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d.there is legal right of access to and from the land, e.(on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3.You must pay the seller or borrower the agreed amount for your property or interest. 4.Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5.We find no outstanding voluntary liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. 6.Surveys pending, new surveys to be provided at a later date per contract. 7.After the surveys have been reviewed, Obtain and file for record a Correction Executrix's Deed from Tracy Duncan, Independent Executrix of the Estate of William Edward Ducan, Deceased, Probate Cuase No. 43867-4, Nueces County, Texas, to Tracy Duncan, individually, to correct the legal descriptions in Executrix's Deed recorded at Document No. 2008053232, Official Public Records of Nueces County, Texas. The Company reserves the right to make additional requirements and/or take additional exceptions base on information obtained in conjunction with this requirement. 8.Company requires an affidavit of marital history of record owners from the date the land was acquired to the present time. If any marriages have been terminated by death or divorce, Company must determine disposition of said property. Current spouse, if applicable, should join in all documents to be executed in connection with the transaction company is being asked to insure; or affidavit by each spouse that subject property is the separate property of Record Owner and constitutes no part of the business or residential homestead, and that no community funds have been expended regarding the property. Further requirements will be necessary once these facts are known. This report is subject to any name liens, voluntary or involuntary, which may be found on these persons, if any. SCHEDULE C (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule C 9.The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the governmental entity named below: Name of Governmental Entity: CITY OF CORPUS CHRISTI, TEXAS a) A copy of its discipline, by-laws or other regulations authorizing real estate transactions. b) A certified copy of the Meeting Minutes (in a recordable form) authorizing the purchase of subject property, authorizing the expenditure of funds, and appointment of parties to act on behalf of said city. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 10.No sales contract was furnished with title order request, therefore, all Terms and Conditions therein must be complied with at Closing. After review, company reserves the right to add additional requirements and/or title exceptions. 11.Survey coverage (amending the survey exception to read "shortages in area" per Procedural Rule P-2) may be provided on an owner or a mortgagee title insurance policy if (1) this Company is provided with a current survey prepared by a registered public surveyor (2) the Seller (or borrower in the case of a refinance transaction) executes our T-47 Survey Affidavit at the time of closing; and, (3) any applicable premium is collected in accordance with Rate Rule R-16. 12.The conveyance by sellers must be by a "GENERAL WARRANTY DEED" unless approved by company in advance. 13.CLOSING INSTRUCTIONS AND CLOSING PACKAGE MUST BE RECEIVED IN OUR OFFICE 24 HOURS PRIOR TO CLOSING. IF THIS REQUIREMENT IS NOT MET, SAN JACINTO TITLE SERVICES CANNOT GUARANTEE THE DATE AND TIME OF CLOSING. 14.Any lien or liens created in the instruments of conveyance or any security instruments executed in connection with the transaction to be insured will appear as an exception under Schedule B of the policy to be issued and/or as the lien to be insured under Schedule "A" of the Mortgagee Title Policy to be issued, all of which instruments will be subject to the approval of the company and the wording of the exception in the policy to be issued will be based upon the terms of the instruments. 15.Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 16.NOTICE: Title Company is unwilling to issue the Title Policy without the mineral exception(s) set out in Schedule B hereof. Optional Endorsements (T19.2 and T19.3) insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase-Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. The promulgated cost for each endorsement is $50 on an Owners Title Policy and $0 charge on a Loan Policy 17.Company reserves the right to revise this commitment and/or to make additional requirements at any time SCHEDULE C (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule C prior to the closing of this transaction. 18.If the Company is to delete the appropriate portion of the standard survey exception and provide a T-19 endorsement, the Company must be provided a survey and field notes from a Registered Public Surveyor on a form and in a manner acceptable to the Company, showing the following: (a) the location of all improvements and showing the exact location of all building lines in relation to the property lines; (b) easements and/or rights of way dedicated or not, that a physical inspection of the Land might disclose; (c) all encroachments, or on the face of the survey, a statement of “No Encroachments.” Any survey required in the current transaction must be submitted to the Company for review at least 24 hours prior to closing. The Company reserves the right to make additional exceptions and/or requirements upon receipt and review of said survey. The Texas Title Insurance Information portion of the Commitment for Title Insurance advises you that your policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements if you pay additional premium for the coverage. 19.NOTE: This file must be updated within 24 hours prior to Closing. 20.NOTICE to all buyers, sellers, borrowers, lenders and all parties interested in the transaction covered by this commitment: Effective September 26, 1988, the State Board of Insurance has adopted Procedural Rul P-27 (as amended) which requires that "Good Funds" be received and deposited before a Title Agency may disburse from its trust fund account. 'GOOD FUNDS" means: 1. Cash or Wire Transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500 including checks, traveler's checks, money orders, and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500 limitation; 4. Uncertified funds in the amount of $1,500 or more, drafter and any other item when collected by the financial institution; 5. State of Texas warrants; 6. United States Treasury checks; 7. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, such bank or savings and loan association; 8. Checks by City and County Governments located in the State of Texas. 21.Except in an exempt transaction, the Company must be furnished with Seller's Social Security Number or Tax Identification Number and all other information necessary to complete IRS Form 1099-S. 22.Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on the front page of the document: "NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, SCHEDULE C (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule C you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your Social Security Number or your Driver's License." 23.Company requires that notary seals contained in any document executed on or after January 1, 2016, must include the notary’s identification number as required by Texas Government Code §406.013 when the notary public is either (1) a new notary appointee or (2) an existing notary appointee whose appointment has been renewed on or after January 1, 2016. 24.PRIVACY POLICY: This commitment may contain confidential information and is intended solely for the attention and use of the named insured as contemplated by the terms and provisions of this commitment. You are hereby notified that any disclosure, copying, distributing or taking of action in reliance on the information with third parties is prohibited. Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule D SCHEDULE D Commitment No.: 200239676 GF No.: 200239676 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1.The following individuals are directors and/or officers of FIDELITY NATIONAL TITLE INSURANCE: Officers:Raymond Randall Quirk, President; Anthony John Park, Executive Vice President; Michael Louis Gravelle, Secretary; Daniel Kennedy Murphy, Treasurer Directors: Raymond Randall Quirk, Anthony John Park, Michael Louis Gravelle, Michael J. Nolan Fidelity National Financial, Inc. owns 100% of FNTG Holdings, Inc., which owns 100% of Fidelity National Title Group, Inc., which owns 100% of Fidelity National Title Insurance Company. 2.The following disclosures are made by the Title Insurance Agent issuing this commitment: (A) The name of each shareholder, owner, partner or other persons having, owing or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP (B) Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP is owned by E. Brent Bottom and Stephanie H. Bottom. (C) The following persons are officers and directors of the Title Insurance Agent: E. Brent Bottom, Chief Executive Officer Stephanie H. Bottom, Vice President E. Brendon Bottom, Vice President Mark Scott, President Coastal Bend Region Shelly Cristan-Grahmann, Vice President Channing Slusher, Vice President Lynn Leising, Vice President Nancy Massaro, Vice President / Administration Pam Mosley, Vice President Gracie P. Herrera, Vice President / Comptroller Jason B. Smith, Vice President 3.You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. SCHEDULE D (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Schedule D You are further advised that the estimated title premium* is: Total $0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company;85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services %Services Rendered *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Legal Description Commitment No.: 200239676 GF No.: 200239676 LEGAL DESCRIPTION REQUIREMENT: Prior to closing this transaction, Company requires a Survey and Field Notes/Metes and Bounds describing the exact boundaries of the property to be insured for examination and approval. The survey must reflect the adjacent owner(s) and dedicated road(s) to subject property road which complies with the General Rules of Procedures and Practices Act RE.663.18, Certification Item #7. This Commitment will be amended upon receipt of the survey and metes and bounds description. SURVEY PENDING - NEW DESCRIPTIONS FOR PROPERTY BEING SOLD: FIRST TRACT: 15.909 ACRES OF LAND, MORE OR LESS OUT OF LOTS NINETEEN (19), TWENTY (20), TWENTY-ONE (21), AND TWENTY-FOUR (24), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. SECOND TRACT: 0.508 OF AN ACRE OF LAND, MORE OR LESS, OUT OF LOT TWENTY-FOUR (24), , SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. THIRD TRACT: 1 ACRE OF LAND, MORE OR LES, OUT OF LOT TWENTY (20), , SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. FOURTH TRACT: 0.50 OF AN ACRE OF LAND, MORE OR LESS, OUT OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT A LATER DATE. FIFTH TRACT: 0.75 OF AN ACRE OF LAND, MORE OR LESS, OUT OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a stake in the north line of the South 3/4 of Lot 20, Block 54, Flour Bluff and Encinal Subdivision as now fenced, being the north line of the W. R.Duncan Tract, and 138.7 feet S. 61° E., from the west line of said Lot 20, Block 54, for the Northwest corner of this 0.75 acre tract; THENCE S. 61° E. with the fence line, being the north line of the Duncan Tract 163.3 feet to the northwest corner of the 0.5 acre tract previously secured from W. R. Duncan by instrument dated November 12, 1940; THENCE S. 29° W. with the west line of said 0.5 acre tract 200 feet to the southwest corner of same, which is the southeast corner of this 0.75 acre tract; THENCE N. 61° W., 163.3 feet to a stake for the southwest corner of this tract; LEGAL DESCRIPTION (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Legal Description THENCE N. 29° E., 200 feet TO THE PLACE OP BEGINNING and containing 0.75 of one acre of land, more or less. SIXTH TRACT: 3.72 ACRES OF LAND, MORE OR LESS, OUT OF LOT NINETEEN (19), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. SEVENTH TRACT: 2.044 ACRES OF LAND, MOR EOR LESS, OUT OF LOTS NINETEEN (19) AND TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. EIGHTH TRACT: 0.447 ACRE OF LAND, MORE OR LESS, OUT OF LOT NINETEEN (19), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL GARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, - SURVEY PENDING AND NEW SURVEY TO BE PROVIDED AT A LATER DATE. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. PARENT TRACT DESCRIPTION for surveyor's use: FIRST TRACT: PORTION OF LOTS NINETEEN (19), TWENTY (20), TWENTY-ONE (21), AND TWENTY-FOUR (24), SECTION fFIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Texas according to the map or plat thereof recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces County, Texas, more fully described by metes and bounds in Warranty Deed dated March 16, 1991 recorded at C1erks File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas, Save and Except portion as therein recited. LESS AND EXCEPT, THAT CERTAIN TRACT OF LANID DEDICATED AS KNOWN AS CEMETARY NOT INCLUDED; LESS AND EXCEPT, HOWEVER, A 4.108 ACRE TRACT CONVEYED TO JEFFERY B. SMITH, RECORDED AT DOCUMENT NO. 2007018457, OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. LESS AND EXCEPT, HOWEVER, PORTION CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS BY JOE HANSLER AND HENRY L TUCKER, SR. BY WARRANTY DEED DATED SEPTEMBER 29, 1983, RECORDED AT FILE NO. 353611, VOLUME 1899, PAGE 492, DEED RECORDS OP NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED BY METES AND BOUNDS IN SAID WARRANTY DEED. LESS AND EXCEPT, HOWEVER, that certain 1 acre tract of land, more or less, described in Warranty Deed dated Feb. 9, 2011, from Tracy Duncan, to Owen A. Norton, recorded at Document No. 2011005970, Official Public Records of Nueces County, Texas. LEGAL DESCRIPTION (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Legal Description LESS AND EXCEPT, HOWEVER, that certain tract of 0.4474 acre of land, more or less, called Tract 1 in Warranty Deed dated FEb. 24, 2017, from Tracy Duncan, to Angeles De Dios, recorded at Document No. 2017008209, Official Public Records of Nueces County, Texas. SECOND TRACT: Five (5) acres more or less, In the form of a square out of the North corner of the south or southwest 3/4TH of LOT NINETEEN (19), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded in Volume A, Pages 41, 42 and 43, Map Records, Nuecas County, Texas and described by metes and bounds as follows: BEGINNING at a point in the Northwest line of said Lot No.19 at the Intersection of said line with the Southwest boundary line of road running through said Section No. 54, as shown by map thereof, recorded in Volume A, Page 42 of the Nueces County Map Records, for the north corner of this five acres; THENCE with the northwest boundary line of said Lot No. 19, S. 29 deg. W., 155.556 yards for the west corner of this tract; THENCE S. 61 deg. E., parallel with the NE boundary line of said Lot No. 19, 155.556 yards for the south corner of this tract; THENCE N. 29 deg. E, parallel with the NW boundary line of said Lot Ne. 19, 155.556 yards for the east corner of this tract; THENCE N. 61 deg. W., with SW boundary line of said road, 155.556 yards to the PLACE OF BEGINNING. LESS AND EXCEPT portion conveyed to the City of Corpus Christi, Texas by Joe Hansler and Henry L. Tucker, Sr. by Warranty Deed dated September 29, 1983 recorded at File No. 353611, Volume 1899, Page 492, Deed Records of Nueces County Texas, more fully described by metes and bounds In said Warranty Deed. LESS AND EXCEPT, HOWEVER, that certain tract of 0.5080 acre of land, more or less, called Tract 2 in Warranty Deed dated Feb. 24, 2017, from Tracy Duncan, to Angeles De Dios, recorded at Document No. 2017008209, Official Public Records of Nueces County, Texas. THIRD TRACT: PORTION OF LOTS TWENTY (20) AND TWENTY-ONE (21), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof recorded in Volume A, Pages 41, 42 and 43, Map Records, Nuece County, Texas, more fully described by metes and bounds in Warranty Deed dated March 26, 1991 recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas, containing 2.044 acre, more or less, SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT A LATER DATE. FOURTH TRACT: PORTION OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas according to the map or plat thereof, recorded in Volume A Pages 41, 42 and 43, Map Records, Nueces County, Texas, more fully described by metes and hounds in Warranty Deed dated March 16, 1991 recorded at File No.750350, Volume 2244, Page 498, Deed Records of Nuaces County, Texas, contaIning 0.75 acres, more or less, and being more particularly described by metes and bounds as follows, to-wit: BEGINNING at a stake in the north line of the South 3/4 of Lot 20, Block 54, Flour Bluff and Encinal Subdivision as now fenced, being the north line of the W. R.Duncan Tract, and 138.7 feet S. 61° E., from the west line of said Lot 20, Block 54, for the Northwest corner of this 0.75 acre tract; THENCE S. 61° E. with the fence line, being the north line of the Duncan Tract 163.3 feet to the northwest corner of the 0.5 acre tract previously secured from W. R. Duncan by instrument dated November 12, 1940; LEGAL DESCRIPTION (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Legal Description THENCE S. 29° W. with the west line of said 0.5 acre tract 200 feet to the southwest corner of same, which is the southeast corner of this 0.75 acre tract; THENCE N. 61° W., 163.3 feet to a stake for the southwest corner of this tract; THENCE N. 29° E., 200 feet TO THE PLACE OP BEGINNING and containing 0.75 of one acre of land, more or less. FIFTH TRACT: PORTION OF LOT TWENTY (20), SECTION FIFTY-POUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof, recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces County, Texas, more fully described by metes and bounds in Warranty Deed dated March 26, 1991 recorded at File No. 750330, Volume 2344, Page 498, Deed Records of Nueces County, Texas, containing 0.52 acres, more or lees, and being more particularly deacribed by metes and bounds as follows to-wit: BEGINNING at a stake in the north line of the South 3/4 of Lot 20, Block 54, Flour Bluff and Encinal Subdivison as now fenced, being the north line of the W.R Duncan Tract, and 302 feet east of the west line of said Lot 20. Block 54 of said subdivision. Said beginning point also being located N. 24° 10’ E. 331 feet from Rumble - W. B. Duncan No. 1 producing oil well; THENCE with the north line of the South 3/4 of Lot 20, Block 54, as fenced, S. 61° E., 109 feet to a stake; THENCE S. 29° W., 200 feet to a stake; THENCE N. 61° W., 109 feet to a stake; THENCE N. 29° E.., 200 feet to the PLACE OF BEGINNING, containing 0.52 acres of land, more or less. SIXTH TRACT: PORTION OF LOT TWENTY (20), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Christi, Nueces County, Texas, according to the map or plat thereof; recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces Couuty, Texas, more fully described by metes and bounds in Warranty Deed dated March 26, 1991 recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas, containing 1.00 acres, more or less, and SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT LATER DATE. SEVENTH TRACT: PORTION OF LOTS NINETEEN (19), TWENTY (20), TWENTY-ONE (21), AND TWENTY-FOUR (24), SECTION FIFTY-FOUR (54), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a subdivision in the City of Corpus Chirsti, Nueces County, Texas according to map or plat thereof; recorded in Volume A, Pages 41, 42 and 43, Map Records, Nueces County Texas, more fully described in Warranty Deed dated March 26, 1991, recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nuece. County, Texas, contaIning 1.00 acres, more or less, and SURVEY PENDING - NEW SURVEY TO BE PROVIDED AT A LATER DATE. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. EXAMINER'S NOTE TO SURVEYOR: See General Warranty Deed dated March 26, 1991, from Lou Ann Fordan Rosebraugh, et al., to William E. Duncan and Violet M. Duncan, recorded at File No. 750350, Volume 2244, Page 498, Deed Records of Nueces County, Texas; LEGAL DESCRIPTION (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Legal Description and Tax Resale Deed dated Sept. 25, 2001, from Nueces County, Texas, to William E. Duncan, recorded at Document No. 2001041590, Official Public Records of Nueces County, Texas, which are the parent tracts for all the above. TEXAS TITLE INSURANCE INFORMATION Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Title Insurance Information Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de título le asegura en relación a perdidas resultantes de ciertos riesgos que pueden afectar el título de su propiedad. El Compromiso para Seguro de Título es la promesa de la compañía aseguradora de títulos de emitir la póliza de seguro de tíitulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transacción. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. TEXAS TITLE INSURANCE INFORMATION (Continued) Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Title Insurance Information You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800) 925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Deletion of Arbitration Provision DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 200239676 GF No.: 200239676 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Effective Date: November 8, 2020 FORM T-7: Commitment for Title Insurance 200239676 Important Notice IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER (800) 925-0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT (800)252-3439 to obtain information on: 1.filing a complaint against an insurance company or agent, 2.whether an insurance company or agent is licensed, 3.complaints received against an insurance company or agent, 4.policyholder rights, and 5.a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 ____________________________________________________________________________ AVISO IMPORTANTE PARA INFORMACIÓN, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL (800)252-3439 para obtener información sobre: 1.como someter una queja en contra de una compañía de seguros o agente de seguros, 2.si una compañía de seguros o agente de seguros tiene licencia, 3.quejas recibidas en contra de una compañía de seguros o agente de seguros, 4.los derechos del asegurado, y 5.una lista de publicaciones y servicios para consumidores disponibles a través del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 DATE: January 26, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Richard Martinez, Director Public Works Department richardm5@cctexas.com (361) 826-3419 CAPTION: Ordinance amending the Code of Ordinances, Chapter 53: One Way Streets and Alleys that will change 10th Street, between Ayers Street and Staples Street, from a two-way traffic flow to a one-way traffic flow. SUMMARY: This ordinance amends the section in the Code of Ordinances for One Way Streets and Alleys which changes a portion of 10th Street, between Ayers Street and Staples Street, from a two-way traffic flow to a one-way traffic flow. The City Transportation Advisory Commission’s recommendation to convert 10th Street traffic to one-way traffic flow (Southbound direction) is proposed to enhance safety and increase parking in the area and this change is designed for construction in the City’s Six Points Intersection Improvement project. BACKGROUND AND FINDINGS: The Six Points intersection is a historic intersection area established in the early 1900’s and a key hub for growth in the Central area of the City. The intersection joins three major streets: Ayers, Staples, and Alameda. As a part of the Six-Points Intersection Improvement Project, the design consultant Freese and Nichols, Inc., evaluated safety enhancements to improve traffic operations and mobility for all modes of transportation (cars, buses, pedestrians, cyclists) within the project limits. Part of the evaluation included performing community outreach to the area’s private entities (key stakeholders, property owners, local businesses) and public entities (City, Corpus Christi Metropolitan Planning Organization, Regional Transportation Authority) to gather input on safety concerns. One of the recommendations from the City’s outreach efforts included converting 10th Street, between Ayers Street and Staples Street, from a two-way traffic flow to a one-way traffic flow. The section of 10th Street, between Ayers Street and Staples Street, is approximately 300 ft. in AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting January 26, 2021 Second Reading Ordinance for the City Council Meeting February 9, 2021 length and abuts four businesses. Only one of the businesses, Office Depot, has sufficient onsite parking capacity. The other businesses in the area rely on on-street, parallel parking and advocated for the conversion of the street to one-way traffic flow. Converting the direction of flow along 10th Street to one-way allows for the creation of head-in angled parking which accommodates increased parking spaces for the businesses. This conversion was also recommended by the design consultant, Freese and Nichols, as it will enhance safety along Staples Street. Staples Street, at the intersection of 10th Street, is reduced from a five-lane roadway with a center turn-lane, to a four-lane roadway with no mitigation for protection of left-turn movements. The proposed direction of one-way traffic flow, from Ayers Street to Staples Street (Southbound direction), will prevent unprotected left-turns from Staples Street. The City’s Transportation Advisory Commission evaluated the findings and approved this recommendation at their meeting held on February 24, 2020. ALTERNATIVES: Converting 10th Street current traffic configuration to one-way allows the City to provide for additional parking in the Six Points intersection area and improve safety at the 10th Street- Ayers Street and 10th Street-Staples Street intersections. The City could alternatively decide to only reconstruct 10th Street while maintaining the existing two-way traffic configuration, which would trigger a change order to the construction contract for the Six Points Intersection Improvement project. FISCAL IMPACT: There is no fiscal impact for amending the Code of Ordinances, Chapter 53, Section 53-250: Schedule I – One Way Streets and Alleys. RECOMMENDATION: City Staff recommends City Council approve the ordinance amendment which is part of the recommended improvements for the Six-Points Intersection Improvement Project. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps Presentation Page 1 of 2 Ordinance amending the Code of Ordinances, Chapter 53: One Way Streets and Alleys that will change 10th Street, between Ayers Street and Staples Street, from a two-way traffic flow to a one-way traffic flow. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised to add a one-way designation for a portion of Tenth Street. “Sec. 53-250. Schedule I—One way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Tenth Street, between Ayers Street and Staples Street South “ SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of January 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez _______________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of January 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SIX POINTS IMPROVEMENTS Project Number: E17036AERIAL MAP NOT TO SCALE PAL M E R O S T.STAPLES ST.AYER S S T. CLIF F O R D S T.BROWNLEE BLVD .10TH ST .ALAMEDA ST .STAPLES ST.PROJECT LOCATION NAYERS ST.10TH ST. S T A P L E S S T . Existing Traffic Flow: Two-Way Flow NAYERS ST.10TH ST. S T A P L E S S T . Proposed Traffic Flow: One-Way Flow (Southbound Direction) City Council Presentation January 26, 2021 “One-Way” Traffic Flow Designation 10th Street, From Ayers Street to Staples Street, (Southbound Direction) 1 Location Map 2 10th Street “One-Way”Concept Existing: Two-WayFlow ParallelParking Safety Issues for Left-Turn Movement (Staples St.) 4-Lanes, No TWLTLane Proposed: One-Way Flow, Southbound Direction(Safety Enhancement) Head-In Angled Parking (PublicRequest) 3 Recommendation 4 City Staff Recommends “ONE-WAY” Traffic Flow Along 10 th Street, Between Ayers Street and Staples Street, in the Southbound Direction IncreasesParking – Meets Public Request Safety Enhancement – Staples Street Between Six Points and BuckarooTrailisreducedtofour-laneswithnocenterturn-lane. Three streets (Buckaroo Trail, Brownlee Boulevard and 10th Street) intersect between Ayers Street and Staples Street. Brownlee Boulevard is signalized. Buckaroo Trail and 10th Street are unsignalized, but Buckaroo Trail is designated as “ONE-WAY”, Southbound DATE: 11/24/2020 TO: Peter Zanoni, City Manager FROM: Steve Viera, Assistant City Manager SteveV@cctexas.com (361) 826-3435 Daniel McGinn, AICP, Director of Planning and ESI Danielmc@cctexas.com 361-826-7011 Buck Brice, Assistant City Attorney JosephB@cctexas.com 361-886-2608 CAPTION: Ordinance declaring City owned land on Oso Creek at Starry Circle as surplus property; authorizing its sale or exchange to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. SUMMARY: The land at on Oso Creek at Starry Circle is not needed by the City for any immediate or future public use. A declaration as surplus property is requested so that it can be sold to the public by sealed bids. The City will be seeking bids for a property exchange for property to accommodate a 130-acre detention pond near the confluence of La Volla Creek and Airport Tributary BACKGROUND AND FINDINGS: The land at on Oso Creek at Starry Circle was acquired by the City in 1989 and 1990 for a potential Sewer Treatment Plant. The property remains undeveloped and there are no plans for construction of a new Sewer Treatment Plant. The lot is not needed by the City for any immediate or future public use. A declaration as surplus property is requested so that it can be sold to the public by sealed bids. The City will be seeking bids for a Ordinance declaring City property as surplus and permitting its sale or exchange to the public AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of January 26, 2021 Second Reading Ordinance for the City Council Meeting of February 9, 2021 property exchange for property to accommodate a 130 -acre detention pond near the confluence of La Volla Creek and Airport Tributary The City executed contact for the La Volla Creek Community Development Block Grant- Disaster Recovery administered by the General Land Office grant on June 17, 2020. Grant is for design, land acquisition, and construction of a 130-acre detention pond near the confluence of La Volla Creek and Airport Tributary (Robles St.).Grant award for Phase I and II is $7,234,755.City will provide matching funds in the amount of $7,600,000.The project will provide protection for Greenwood WWTP, Las Colinas Subdivision and other areas along La Volla Creek. ALTERNATIVES: Keep the property for future City use or exchange. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Property Appraisal Ordinance declaring City owned land on Oso Creek at Starry Circle as surplus property; authorizing its sale or exchange to the public by sealed bid; and authorizing execution of the deed and any related documents necessary to complete the sale and convey the property. Whereas, the land on Oso Creek at Starry Circle was acquired by the City in 1989 and 1990 for a potential Sewer Treatment Plant; Whereas, the lot is not needed by the City for any immediate or future public use; Whereas, the City executed GLO contract for the La Volla Creek Community Development Block Grant-Disaster Recovery for design, land acquisition, and construction of a 130-acre detention pond near the confluence of La Volla Creek and Airport Tributary (Robles St.); and Whereas, the City will be seeking bids for a property exchange for property to accommodate a 130-acre detention pond near the confluence of La Volla Creek and Airport Tributary BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That the City owned property (approximately 157.7 acres) on Oso Creek located at Starry Circle with a legal description of Flour Bluff Encinal Farm & Garden Tracts Section 34, Lots 11,12,13, & 14 and Flour Bluff Encinal Farm & Garden Tracts Section 35, Lots 2,3,4,& 5 according to map or plat recorded in Volume A, Pages 41, 42, and 43 of the Map Records of Nueces County, also identified as Nueces CAD Property IDs: 232248, 232250, 232251, 232252, 232258, 232259, 232260, and 232261, less a reserved area (approximately 34.4 acres) consisting of Starry Circle and the land in the FEMA base flood evaluation within Flour Bluff Encinal Farm & Garden Tracts Section 35, Lots 2,3,4,5 & Section 34, Lot 11, is declared to be surplus property. Surplus property (approximately 123.3) less reserved area is depicted in Exhibit A. SECTION 2: That the City Manager or designee is authorized to sell or exchange the surplus property to the public by sealed bid per Texas Local Government Code section 272.001, with minimum bid requirements. The City Manager or designee is authorized to delineate the reserved area consisting of the land in the FEMA base flood evaluation and Starry Circle. SECTION 3: That the City Manager or designee is authorized to execute a deed and other related documents necessary to complete the sales and convey the property. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2021, by the following vote: Paulette M. Guajardo ________________ John Martinez ________________ Roland Barrera ________________ Ben Molina ________________ Gil Hernandez ________________ Mike Pusley ________________ Michael Hunter ________________ Greg Smith ________________ Billy Lerma ________________ PASSED AND APPROVED on this the ______ day of _________________, 2021. ATTEST: _________________________ ________________________ Rebecca Huerta Paulette M. Guajardo City Secretary Mayor SurplusProperty O s o C r e e k O s o B a y STARRY CIR YORKTOWN BLVD STARRY RDKRYPTON DRSTAMPEDE DR IRON MAN DR PRUET DR SUPERMAN DRSALAIS DRKILLEBREW LOYD NEAL DRReference Items Sidewalk Street Centerline 2020 NCAD Parcels µ0 1,000 2,000500 Feet 1 inch = 750 feet 7.1 ac 8.9 ac 10.4 ac 10.3 ac 5.1 ac 11.5 ac 14.6 ac 19.8 ac 20.0 ac 20.0 ac 18.2 ac 1.2 ac 10.6 ac Subject Properties Reserved Floodplain Property (Total 34.4 ac) Surplus Property (Total 123.3 ac) Exhibit A Appraisal Report South Sewer Treatment Plant Tracts Starry Road Corpus Christi, Nueces County, Texas 78414 Report Date: October 29, 2020 FOR: City of Corpus Christi Mr. Bobby C. Harraid, Jr. Property & Land Acquisition Manager 1201 Leopard Street Corpus Christi, Texas 78401 Valbridge Property Advisors | San Antonio 9901 IH-10 West, Suite 1035 San Antonio, TX 78230 210-227-6229 phone Valbridge File Number: 210-227-8520 fax TX01-20-0739-000 valbridge.com © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio 9901 IH-10 West, Suite 1035 San Antonio, TX 78230 210-227-6229 phone 210-227-8520 fax valbridge.com October 29, 2020 Mitchell Kirkpatrick, MAI, CCIM Director Mkirkpatrick@valbridge.com Mr. Bobby C. Harraid, Jr. Property & Land Acquisition Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 RE: Appraisal Report South Sewer Treatment Plant Tracts Starry Road Corpus Christi, Nueces County, Texas 78414 Dear Mr. Harraid: In accordance with your request, I have performed an appraisal of the above referenced property. This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to the value opinions. This letter of transmittal does not constitute an appraisal report and the rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying appraisal report. The subject property, as referenced above, is located on Starry Road and is identified by tax parcel numbers 232248, 232250, 232251, 232252, 232258, 232259, 232260, and 232261. The subject property comprises 182.19-acres. The property has 117.84 usable acres; the acreage differential is the amount of property in the 100-year floodplain and designated wetlands (submerged and tidal lands). A small amount of acreage also excluded is within the Starry Road right-of-way. Subsequently, 117.84 acres is the unit of value measurement. The appraiser developed the analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of the client. The client in this assignment is City of Corpus Christi and the intended user of this report is The City of Corpus Christi and assigns. The sole intended use is for a potential sale. The value opinions reported herein are subject to the definitions, assumptions, limiting conditions, and certifications contained in this report. Mr. Bobby C. Harraid, Jr. City of Corpus Christi October 29, 2020 Page 2 © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results: Extraordinary Assumptions: • None Hypothetical Conditions: • None Based on the analysis contained in the following report, the value conclusion is summarized as follows: Respectfully submitted, Valbridge Property Advisors | San Antonio Mitchell N. Kirkpatrick, MAI, CCIM Director State Certified General Real Estate Appraiser TX-1338031-G Component As Is Value Type Market Value Property Rights Appraised Fee Simple Effective Date of Value September 13, 2020 Value Conclusion $2,450,000 $20,800 per acre Value Conclusion SOUTH SEWER TREATMENT PLANT TRACTS TABLE OF CONTENTS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page i Table of Contents Cover Page Letter of Transmittal Table of Contents ....................................................................................................................................................................... i Summary of Salient Facts ....................................................................................................................................................... ii Aerial and Front Views ............................................................................................................................................................ iii Introduction ................................................................................................................................................................................. 1 Scope of Work ............................................................................................................................................................................ 4 Corpus Christi Market Area Analysis .................................................................................................................................. 6 Neighborhood Analysis ....................................................................................................................................................... 11 Land Description ..................................................................................................................................................................... 15 Subject Photographs ............................................................................................................................................................. 25 Assessment and Tax Data ................................................................................................................................................... 27 Market Analysis ....................................................................................................................................................................... 28 Highest and Best Use ............................................................................................................................................................ 38 Land Valuation ......................................................................................................................................................................... 40 Market Value Indication ....................................................................................................................................................... 59 General Assumptions and Limiting Conditions .......................................................................................................... 60 Certification – Mitchell N. Kirkpatrick, MAI, CCIM ..................................................................................................... 65 Addenda .................................................................................................................................................................................... 66 Permitted Uses within FR Zoning (Pg. 1) .................................................................................................................. 67 Permitted Uses within FR Zoning (Pg. 2) .................................................................................................................. 68 Transportation Plan Map ................................................................................................................................................ 69 Paired Sale-Utility Access ............................................................................................................................................... 70 Paired Sale-Floodplain ..................................................................................................................................................... 71 Acreage with Platted Parcels (page 1) ....................................................................................................................... 72 Acreage with Platted Parcels (page 2) ....................................................................................................................... 73 Glossary ................................................................................................................................................................................. 74 Qualifications ...................................................................................................................................................................... 81 Valbridge Property Advisors Information / Office Locations ........................................................................... 86 SOUTH SEWER TREATMENT PLANT TRACTS SUMMARY OF SALIENT FACTS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page ii Summary of Salient Facts Property Identification Property Name South Sewer Treatment Plant Tracts Property Address Starry Road Corpus Christi, Nueces County, Texas 78414 Latitude & Longitude 27.63675, -97.353073 Tax Parcel Number 232248,232250,232251,232252,232258,232259,232260,232261 Property Owner The City of Corpus Christi Site Zoning Farm rural (FR) FEMA Flood Map No.4854940540C Flood Zone A13 Gross Land Area 182.190 acres Usable Land Area 117.840 acres Total Land Area 182.190 acres Valuation Opinions Highest & Best Use - As Vacant Single-family residential use Reasonable Exposure Time 12 to 18 months Reasonable Marketing Time 12 to 18 months Approach to Value As Is Sales Comparison $2,450,000 Component As Is Value Type Market Value Property Rights Appraised Fee Simple Effective Date of Value September 13, 2020 Value Conclusion $2,450,000 $20,800 per acre Value Indications Value Conclusion SOUTH SEWER TREATMENT PLANT TRACTS AERIAL AND FRONT VIEWS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page iii Aerial and Front Views AERIAL VIEW FRONT VIEW SOUTH SEWER TREATMENT PLANT TRACTS INTRODUCTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 1 Introduction Client and Intended Users of the Appraisal The client in this assignment is the City of Corpus Christi and the sole intended user of this report is The City of Corpus Christi and assigns. Under no circumstances shall any of the following parties be entitled to use or rely on the appraisal or this appraisal report: i. The borrower(s) on any loans or financing relating to or secured by the subject property, ii. Any guarantor(s) of such loans or financing; or iii. Principals, shareholders, investors, members or partners in such borrower(s) or guarantors. Intended Use of the Appraisal The sole intended use of this report is support for a potential sale. Real Estate Identification The subject property is located at Starry Road, Corpus Christi, Nueces County, Texas 78414. The subject property is further identified by tax parcel numbers 232248, 232250, 232251, 232252, 232258, 232259, 232260, and 232261. Legal Description 182.19 acres out of lots 11 through 14, Section 34 and lots 2 through 5, Section 35, Flour Bluff and Encinal Farm Garden Tracts, Nueces County, Texas Use of Real Estate as of the Effective Date of Value As of the effective date of value, the subject was vacant land. Use of Real Estate as Reflected in this Appraisal The opinion of value for the subject as is reflects use as single family residential land. Ownership of the Property According to Nueces County Deed Records, title to the subject property is vested in The City of Corpus Christi. History of the Property Ownership of the subject property has not changed within the past three years. According to Nueces County deed records, the eight individual parcels that comprise the subject land have been under the ownership of the City of Corpus Christi since 1989/1990. Analysis of Listings/Offers/Contracts The subject is not currently listed for sale or under contract for sale. SOUTH SEWER TREATMENT PLANT TRACTS INTRODUCTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 2 Type and Definition of Value The appraisal problem is to develop an opinion of the market value of the subject property. “Market Value,” as used in this appraisal, is defined as “the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.” Implicit in this definition is the consummation of a sale as of a spec ified date and the passing of title from seller to buyer under conditions whereby: • Buyer and seller are typically motivated. • Both parties are well informed or well advised, each acting in what they consider their own best interests; • A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and • The price represents the normal consideration for the property sold unaffected by special or creative financing or sale concessions granted by anyone associated with the sale.”1 The value conclusions apply to the value of the subject property under the market conditions presumed on the effective date of value. Please refer to the Glossary in the Addenda section for additional definitions of terms used in this report. Valuation Scenarios, Property Rights Appraised, and Effective Dates of Value Per the scope of the assignment the appraiser developed opinions of value for the subject property under the following scenarios of value: The appraiser completed an appraisal inspection of the subject property on September 13, 2020. Date of Report The date of this report is October 29, 2020. List of Items Requested but Not Provided • None Assumptions and Conditions of the Appraisal This appraisal assignment and the opinions reported herein are subject to the General Assumptions and Limiting Conditions contained in the report and the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results. 1 Source: Code of Federal Regulations, Title 12, Banks and Banking, Part 722.2-Definitions Valuation Scenario Effective Date of Value As Is Market Value of the Fee Simple Interest September 13, 2020 SOUTH SEWER TREATMENT PLANT TRACTS INTRODUCTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 3 Extraordinary Assumptions • None Hypothetical Conditions • None SOUTH SEWER TREATMENT PLANT TRACTS SCOPE OF WORK © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 4 Scope of Work The elements addressed in the Scope of Work are (1) the extent to which the subject property is identified, (2) the extent to which the subject property is inspected, (3) the type and extent of data researched, (4) the type and extent of analysis applied, (5) the type of appraisal report prepared, and (6) the inclusion or exclusion of items of non-realty in the development of the value opinion. These items are discussed as below. Extent to Which the Property Was Identified The three components of the property identification are summarized as follows: • Legal Characteristics - The subject was legally identified via photographs and maps. • Economic Characteristics - Economic characteristics of the subject property were identified via the appraiser's work file, communications with market participants, and local media, as well as a comparison to properties with similar locational and physical characteristics. • Physical Characteristics - The subject was physically identified via an on-site visit. Extent to Which the Property Was Inspected The appraiser inspected the subject on September 13, 2020. Type and Extent of Data Researched The appraiser researched and analyzed: (1) market area data, (2) property-specific market data, (3) zoning and land-use data, and (4) current data on comparable listings and transactions. Type and Extent of Analysis Applied (Valuation Methodology) The appraiser observed surrounding land use trends, the condition of any improvements, demand for the subject property, and relevant legal limitations in concluding a highest and best use. The appraiser then valued the subject based on that highest and best use conclusion. Appraisers develop an opinion of property value with specific appraisal procedures that reflect three distinct methods of data analysis: the Cost Approach, Sales Comparison Approach, and Income Capitalization Approach. One or more of these approaches are used in all estimations of value. • Sales Comparison Approach - In the Sales Comparison Approach, value is indicated by recent sales and/or listings of comparable properties in the market, with the appraiser analyzing the impact of material differences in both economic and physical elements between the subject and the comparables. • Direct Capitalization: Land Residual Method - The Land Residual Methodology involves estimating the residual net income to the land by deducting from total potential income the portion attributable to the improvements, assuming development of the site at its highest and best use. The residual income is capitalized at an appropriate rate, resulting in an indication of land value. SOUTH SEWER TREATMENT PLANT TRACTS SCOPE OF WORK © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 5 • Direct Capitalization: Ground Rent Capitalization – A market derived capitalization rate is applied to the net income resulting from a ground lease. This can represent the leased fee or fee simple interest, depending on whether the income potential is reflective of a lease in place or market rental rates. • Yield Capitalization: Subdivision Development Method – Also known as Discounted Cash Flow Analysis (DCF), the methodology is most appropriate for land having multiple lot development in the near term as the highest and best use. The current site value is represented by discounting the anticipated cash flow to a present value, taking into consideration all necessary costs of development, maintenance, administration, and sales throughout the absorption period. All of these approaches to value were considered. The appraiser assessed the availability of data and applicability of each approach to value within the context of the characteristics of the subject property and the needs and requirements of the client. Based on this assessment, the appraiser relied upon the Sales Comparison Approach. Appraisal Conformity and Report Type The appraiser developed the analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of the client. This is an Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2a. Personal Property/FF&E All items of non-realty are excluded from this analysis. The opinion of market value developed herein is reflective of real estate only. SOUTH SEWER TREATMENT PLANT TRACTS CORPUS CHRISTI MARKET AREA ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 6 Corpus Christi Market Area Analysis REGIONAL MAP (SUBJECT IS LOCATED AT RED “S”) The appraised property is located in far south Corpus Christi. Corpus Christi is the largest community in Nueces County and the Coastal Bend region and is the county seat of Nueces County. As of 2020, the population of Corpus Christi is approximately 340,000. It is the eighth largest city in the State of Texas. The Corpus Christi MSA includes Nueces, Aransas, and San Patricio counties and has a population of approximately 437,397 (see population chart below). Industries with headquarters or divisions located within the City’s boundaries, or within the MSA include industrial, petrochemical, oil and gas, construction, meat processing, convenience store, banking, and financial services. Population Population characteristics relative to the subject property are presented in the following table. Population Estimated Annual % Change Projected Annual % Change Area 2010 2020 2010 - 20 2025 2020 - 25 United States 308,745,538 333,793,107 0.8%346,021,282 0.7% Texas 25,145,561 29,806,340 1.9%32,172,745 1.6% Corpus Christi, TX MSA 405,027 437,397 0.8%453,053 0.7% Source: Site-to-Do-Business (STDB Online) SOUTH SEWER TREATMENT PLANT TRACTS CORPUS CHRISTI MARKET AREA ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 7 Local Economy The Corpus Christi economy is driven largely by the Port of Corpus Christi, the federal government with the Naval Air Station and the Corpus Christi Army Depot, oil and gas refining, oil and gas support services, manufacturing companies (particularly companies located within San Patricio County), and tourism. Texas A&M University-Corpus Christi is a four-year marine sciences research university. Texas A&M University-Corpus Christi enrolled 11,929 students in the fall of 2018. The university is growing with student housing continuing, both at the Island campus and at the Momentum campus that has the sports facilities including the Dugan Family Soccer and Track Stadium. The Island campus has a dining hall, residential areas, and University Center. Employment Unemployment The following table exhibits current and past unemployment rates as obtained from the Bureau of Labor Statistics. Overall, the unemployment rate is 10% year-to-date. Median Household Income Total median household income for the region is presented in the following table. Overall, the subject’s MSA and county compare unfavorably to the state and the country. Source: Site-to-Do-Business (STDB Online) 0%10%20%30%40%50%60% Services Construction Retail Trade Manufacturing Public Administration Transportation/Utilities Finance/Insurance/Real Estate Agriculture/Mining Wholesale Trade Information Unemployment Rates Area YE 2015 YE 2016 YE 2017 YE 2018 YE 2019 YTD 2020 United States 6.7%4.7%4.1%3.9%3.5%8.4% Texas 4.4%4.8%4.0%3.7%3.5%6.8% Corpus Christi, TX MSA 5.3%6.1%5.4%4.5%4.3%10.0% Source: Bureau of Labor Statistics - Year End - National & State Seasonally Adjusted SOUTH SEWER TREATMENT PLANT TRACTS CORPUS CHRISTI MARKET AREA ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 8 Port of Corpus Christi The trade area’s principal outlet for agricultural and petroleum products is the Port of Corpus Christi, which opened to the world markets in 1926. It is located along the southeastern coast of Texas on the Gulf of Mexico approximately 150 miles north of the Mexican border. The Port’s channel stretches over 30 miles and links Corpus Christi Bay with the Gulf of Mexico. The Port of Corpus Christi is the first in the nation in terms of annual exports. Exporting was restarted in 2015; a ban to most countries was imposed in 1975. The port is the third largest in the nation currently in terms of annual tonnage. The Port continues to invest in new rail infrastructure and liquid docks to support the current needs and estimated growth potential of the Permian Basin and portions of the Eagle Ford shale region. The Channel Improvement Project continues with appropriations of funding by Congress includes a $400 million dredging project initiated in late May 2019 that will allow fully loaded tankers with mi llions of barrels of oil to pass through the ship channel. Project details include: • Widening the CC Ship Channel to 500' (from 430’) from Port Aransas to the Harbor Bridge • Deepening the CC Ship Channel from 47' mean low tide to 54' mean low tide • Adding 200' wide barge shelves at 12' mean low tide across Corpus Christi Bay Presently, the Port is the nation’s leader in oil exports. Oil exports are currently 700,000 to 800,000 barrels per day. The dredging is projected for completion in late 2022. Three million barrels per day is predicted to be exported at that time. • Oil export terminals both on Harbor Island and offshore are proposed. The Harbor Island terminal is proposed between a private investment firm and the Port of Corpus Christi with a $1 billion investment expected. Nineteen private and public projects, as of the end of 2019, are either under construction or in the planning stages with the Port including marine terminals, storage facilities or other projects to increase oil exports. A few notable examples: • Nueces River Rail Yard – a $46 million dollar investment started in 2016 to provide rail capability to eight-unit train sidings (8,000’ each) • NuStar Energy is investing $425 million to acquire pipelines, storage facilities, and other oil and gas infrastructure. NuStar has plans for two condensate processing plants; each plant will cost $500 million to construct. • Cheniere continues construction on a $13 billion liquefied natural gas facility, which will be the company’s second plant in Corpus Christi. This is located on over 1,000 acres at the La Quinta Ship Channel with the development expected to be operational in 2020. • OxyChem Ingleside Energy Center is the $55 million investment by Occidental Petroleum Corporation into the former Naval Station Ingleside; the company began a $1 billion investment in 2017 to create an ethylene cracker plant. Median Household Income Estimated Projected Annual % Change Area 2020 2025 2020 - 25 United States $62,203 $67,325 1.6% Texas $60,820 $65,282 1.5% Corpus Christi, TX MSA $55,327 $58,600 1.2% Source: Site-to-Do-Business (STDB Online) SOUTH SEWER TREATMENT PLANT TRACTS CORPUS CHRISTI MARKET AREA ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 9 • Tianjin Pipe Corporation’s $1.3 billion pipe manufacturing plant; the second phase is under construction, which will include a one-million square foot building. • Corpus Christi Polymers (former M&G), is doing the same for its $1.1 billion plastics factory under construction on the northern side of the Viola Channel with the Port of Corpus Christi. • Voestalpine, is completing constructing of a $740 million iron ore (hot briquetted and direct reduced iron) processing facility within the La Quinta corridor at the Port of Corpus Christi. • In the spring of 2017, Exxon Mobil Chemical Co. and Saudi Arabia-based Basic Industries Corp. purchased 1,300 acres west of Gregory to construct the world’s largest ethylene cracker plant for an estimated investment of $9.5 billion. The plant will be capable of producing 1.8 million tons of ethylene each year. The project is expected to create 600 permanent full-time jobs and 11,000 jobs during the construction. Construction is expected to last five years and inject more than $50 billion into the economy during the first six years of operation. Site work began in the spring of 2019 and is presently in the permitting stage with the TCEQ, Source: Corpus Christi Economic Development and the Port of Corpus Christi Harbor Bridge Development The Texas Department of Transportation began the construction of the new Harbor Bridge in August 2016. The current proposed replacement bridge estimates a significant rise over the Corpus Christi Ship Channel, allowing larger vessels to pass through the channel with a raised clearance of 205’ and increasing the area’s shipping traffic capabilities. The bridge will have wider lanes and increased highway access to address current transportation issues. TxDOT estimates that the project will cost approximately $1.1 billion. Flatiron- Dragados was selected by TxDot to design, construct, operate, and maintain the new bridge. The bridge’s main span design was created by Figg Engineering, which was removed from the project in late 2019. A new design firm will be hired in order for work to continue on the construction of the main span. Construction is expected to take until at least 2022 before completion. Del Mar College Expansion Del Mar College District taxpayers approved a $139 million Capital Improvement Project (CIP) bond referendum supporting construction of the southside campus in November 2016. The Board appro ved the $6 million purchase of 96 acres located at Yorktown Boulevard and Rodd Field Road in 2013 after a Facility Master Plan produced in 2012 assessed renovation and expansion of current facilities and additional buildings on the East and West Campuses and a new southside campus as part of a 20-year vision and 10- year plan. The College identified more than $397 million in total facilities needs at that time. Development of the Southside Campus Master Plan used $1.8 million earmarked specifically for that purpose as part of the 2014 CIP bond referendum that taxpayers passed to address needs on the East and West campuses. Anticipated to open in 2022, the Southside Campus Project incorporates construction of 249,544 square feet of building space, including the: • Central Plant (8,631 sq. ft.) as part of physical facilities operations, • Hospitality and Culinary Institute (59,561 sq. ft.) housing ultramodern teaching spaces including kitchen labs, a coffee shop and a public-accessible restaurant/dining facility to provide students with hands-on, real-world learning experiences, • Main Building (80,437 sq. ft.) housing the library, student services, community meeting spaces and a coffee shop, and • STEM Building (100,915 sq. ft.) housing the Architecture/Drafting Technology program and Biology, Biotechnology and Biomanufacturing programs with contemporary teaching spaces, laboratories and equipment, along with other STEM-related programs, including engineering. SOUTH SEWER TREATMENT PLANT TRACTS CORPUS CHRISTI MARKET AREA ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 10 In addition to the Centers for Excellence, the campus will provide core courses taken by university-transfer students, along with dual credit, developmental, workforce training and continuing education courses. College officials estimate enrollment at the new campus at 3,500 students the first year. DMC fall 2019 data shows that 41 percent of the 12,008 students enrolled (certified enrollment) this semester come from Southside ZIP codes. Located on an “educational corridor” along Yorktown Boulevard, the Southside campus will provide close access to four high schools –– Mary Carroll, Veterans Memorial, Flour Bluff and London –– and is only 15 minutes away from Texas A&M University-Corpus Christi and 30 minutes from Texas A&M University- Kingsville. Source: Del Mar College Tourism Corpus Christi continues to be a favorite vacation spot for visitors and is the fifth most popular destination in Texas. The number one reason visitors flock to the area has always been to enjoy miles of beaches along Mustang and Padre Islands, the longest barrier reef in nature fronting on the Gulf of Mexico. The opposite side of the barrier provides a shoreline for Corpus Christi Bay, Laguna Madre, and the various bays and bayous north of the Coastal Bend which are ideal for outdoor recreation. Tourist facilities located with the City include: a multi-purpose arena at the American Bank Center, Whataburger Field which houses the Corpus Christi Hooks, a AA major league affiliate baseball team, the Texas State Aquarium, the USS Lexington Museum, the Museum of Science and History, the South Texas Art Museum, the Multicultural Center/Heritage Park complex, Concrete Street Amphitheater, and Hurricane Alley water park, across from Whataburger Field. SOUTH SEWER TREATMENT PLANT TRACTS NEIGHBORHOOD ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 11 Neighborhood Analysis NEIGHBORHOOD MAP Overview The far southside area of Corpus Christi is characterized by significant single-family residential sections interspersed with commercial development along the arterial roads. Water features include Oso Bay and Oso Creek; each of which serve as a topographical boundary next to the Flour Bluff region on the east side of Oso Bay. SOUTH SEWER TREATMENT PLANT TRACTS NEIGHBORHOOD ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 12 Neighborhood Location and Boundaries The subject neighborhood is located in the far south portion of Corpus Christi. The area is suburban in nature. The neighborhood is bounded by North Oso Parkway and The Mansions Drive to the north, Oso Bay to the east, Oso Creek to the south, and Rodd Field Road to the west. Transportation Access Major travel and commuter routes within the area of the subject property include Yorktown Boulevard which is a municipally maintained arterial carrying traffic in east-to-west direction. Access to the neighborhood area is considered good. Road Improvements Construction near the Rodd Field Road and Yorktown Boulevard intersection is occurring as the intersection was redesigned and Rodd Field Road is being widened. As southside growth continues, it is expected that Yorktown Boulevard between Rodd Field Road and Oso Bay will be expanded. Neighborhood Land Use The subject neighborhood is located in an area with primarily residential land uses. An approximate breakdown of the development in the area is as follows: LAND USES Developed 60% Residential 50% Retail-Office 10% Industrial 0% Vacant/Parks 40% Total 100% Land Use Trends The neighborhood is experiencing a change in land use from vacant land to single-family subdivision land. The Rancho Vista subdivision to the west of the subject land has more than 1,000 homes within its many phases of development. Land is being turned for development on the northside of Yorktown Boulevard for single-family homes. The initial housing subdivision on the north side of Yorktown Boulevard is Airline Estates near the intersection with Rodd Field Road. This residential development to the east along Yorktown Boulevard is expected to continue. Similar housing development to the south side of Yorktown Boulevard near the subject property is also likely to occur. Demographics The following table depicts the area demographics in Corpus Christi within a one-, three-, and five- mile radius from the subject. SOUTH SEWER TREATMENT PLANT TRACTS NEIGHBORHOOD ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 13 Within a three-mile radius, the reported population is 32,143 with a projected growth rate of approximately 2.5% annually. There are 11,600 housing units within that three-mile radius. The growth rate is expected to be 2.3% annually. Most of the housing is owner-occupied. The research indicates that property values in the area are increasing. Within a three-mile radius, the median household income is $97,559. Looking ahead, annual household income growth is projected at 1.2% per year. The average income figures suggest that the inhabitants are within the middle income brackets. Nuisances & External Obsolescence The Starry Shooting Range at 7925 Starry Road originated when the neighborhood was rural and housing developments were miles away. Now that subdivisions are being developed on the border of the shooting range, the shooting range is a probable nuisance to neighboring property owners during the range’s hours of operations. Neighborhood Demographics Radius 1 mile 3 miles 5 miles Population Summary 2010 Population 427 23,034 101,207 2020 Population Estimate 1,778 32,143 117,482 2025 Population Projection 2,086 36,319 124,828 Annual % Change (2020 - 2025)3.2%2.5%1.2% Housing Unit Summary 2010 Housing Units 168 8,469 42,299 % Owner Occupied 82.7%80.1%54.7% % Renter Occupied 10.7%14.9%38.3% 2020 Housing Units 633 11,600 48,296 % Owner Occupied 87.7%74.9%53.7% % Renter Occupied 6.2%21.0%39.9% 2025 Housing Units 738 13,016 51,012 % Owner Occupied 88.1%73.6%53.8% % Renter Occupied 6.1%22.6%40.0% Annual % Change (2020 - 2025)3.1%2.3%1.1% Income Summary 2020 Median Household Income Estimate $108,349 $97,559 $72,225 2025 Median Household Income Projection $114,049 $103,640 $76,929 Annual % Change 1.0%1.2%1.3% 2020 Per Capita Income Estimate $42,313 $40,626 $34,381 2025 Per Capita Income Projection $47,099 $45,151 $37,739 Annual % Change 2.2%2.1%1.9% Source: Site-to-Do-Business (STDB Online) SOUTH SEWER TREATMENT PLANT TRACTS NEIGHBORHOOD ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 14 Neighborhood Life Cycle Most neighborhoods are classified as being in four stages: growth, stability, decline, and renewal. Overall, the subject neighborhood is in the growth stage of its life cycle. Immediate Area Uses The map below exhibits the uses located in the subject’s immediate vicinity. IMMEDIATE AREA USES Source: Google Maps Uses along Yorktown Boulevard in the vicinity of the subject are primarily residential in nature. Large amounts of development land are prevalent in addition to newly or recently built subdivisions. The density of housing in the area is high as the zoning is the smallest minimum lot allowance at 4,500 square feet, Analysis and Conclusions The neighborhood serves as a large segment of Corpus Christi’s southside residential market. The area will continue to expand as long as the region remains favorable to future residents. The tranquil coastal breezes that are common in this area near Oso Bay along with the convenience of nearby commercial support services on Rodd Field Road, Cimarron Boulevard, Yorktown Boulevard, and Staples Street are factors that have created a positive residential living environment that is expected to continue. SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 15 Land Description The subject land is located on Starry Road in far south Corpus Christi. The characteristics of the land are summarized as follows: Site Characteristics Gross Land Area: 182.19 Acres Usable Land Area: 117.84 Acres Usable Land %: 64.7% Shape: Irregular Topography: Generally Level Grade: Below street grade Utilities: None Off-Site Improvements: Paving and electrical from Starry Road. Street Frontage / Access Frontage Road Primary Street Name: Starry Road Street Type: Residential Paved Frontage: 10’ (40’ right-of-way; municipal requirements are 50’ minimum) Additional platting (See Addenda): The 182.19 acres have 3.16 acres within the Starry Road ROW; Seven parcels (originally, now eight) are platted with gross acreages ranging from 16.2 to 20. Additional Access Alley Access: None Water or Port Access: Oso Bay and Oso Creek Rail Access: None Flood Zone Data Flood Map Panel/Number: 4854940540C Flood Map Date: 03-18-1985 Portion in Flood Hazard Area: 30.00% Flood Zone: A13 (Flood land is not part of usable land) Other Site Conditions Soil Type: Victoria Clay and Gullied Land Environmental Issues: None identified Easements/Encroachments: None adverse Wetlands Classification: Wetlands mirrors the floodplain portion of the property SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 16 Adjacent Land Uses North: Vacant land South: Oso Creek East: Oso Bay West: Single family acreage and firing range Site Ratings Access: Fair (some access limitations) Visibility: Fair Zoning Designation Zoning Jurisdiction: City of Corpus Christi Zoning Classification: FR, Farm rural Permitted Uses: See Addenda Zoning Comments: The “FR” zoning district includes lands that are relatively underdeveloped and agricultural in nature. This zoning district is intended to permit the continued use of the land for agricultural purposes. The “FR” District is the default zoning district for land newly-annexed to the City, but not yet placed in a zoning classification appropriate for final use. Analysis/Comments on Site The subject site is 182.19 gross acres; the acreage net of Starry Road ROW is 179.03. 61.19 acres are in the 100-year designated flood plain and are not part of the usable land as the majority is submerged land or near the submerged land area; essentially the floodplain land matches the wetlands area and no additional acreage is allotted apart from the flood plain portion. The property is generally level across the usable portion of the property with some slight gradations of +/- 5 feet over the southwestern end of the subject. The land has +/- 5,028 lineal feet of water frontage as it encompasses the bend from Oso Bay on the east side of the property to Oso Creek on the south side of the property. The width of Starry Road is narrower than the standard for the City of Corpus Christi's designated "local residential" right-of-way standard, which is a 50' right-of-way with 28' paved from back of curb to back of curb (see City of Corpus Christi's Unified Development Code Article 8, Section 2.1.B. Street Right-of- Way Dimensional Standards). Starry Road is +/-20' wide for the paved portion with no shoulder and an approximately 40' right-of-way. The International Fire Code minimum width requirements are (20' minimum or 26' near a fire hydrant). According to the City of Corpus Christi, the subject land is within the path of the proposed Transportation Plan. Through communications with the City of Corpus Christi (City), the City indicates its cooperation to work with land developers that request assistance in acquiring access as it relates to a property along the proposed Transportation Plan right-of-way. Following the City’s Transportation Plan path, access to the subject land would require acquiring a right-of-way through one property owner to the north of the subject. SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 17 AERIAL PICTURE SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 18 WETLANDS MAP SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 19 FLOOD MAP SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 20 WETLANDS/FLOOD MAP SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 21 TOPOGRAPHIC MAP SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 22 ZONING MAP SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 23 SOILS MAP SOUTH SEWER TREATMENT PLANT TRACTS LAND DESCRIPTION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 24 SOUTH SEWER TREATMENT PLANT TRACTS SUBJECT PHOTOGRAPHS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 25 Subject Photographs View down Starry Road facing east from interior View facing south from Starry Road SOUTH SEWER TREATMENT PLANT TRACTS SUBJECT PHOTOGRAPHS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 26 View facing north from Starry Road Oso Bay frontage on eastern boundary facing southward Additional photos are included in the Addenda. SOUTH SEWER TREATMENT PLANT TRACTS ASSESSMENT AND TAX DATA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 27 Assessment and Tax Data Assessed Values and Property Taxes The subject’s assessed values, applicable tax rates and total taxes, are shown in the following table: Conclusions The subject land is owned by the client, which is a non-taxable municipal entity. Rollback taxes would be payable upon conversion to non-ag use without an exemption in place for agricultural use. The assessed value of the subject is greater than the market value of the subject. Tax Schedule Parcel Assessor's Appraised Assessor's Appraised Assessor's Total Assessed Tax Millage Effective Tax Tax Year Number Value - Land Value - Imp.Appraised Value Value Rate Rate Tax Rate Expense 1 2020 232252 $1,000,000 $10,000 $1,010,000 $1,010,000 $2.620940 per $100 2.620940%$26,471 2 2020 232251 $500,000 $500,000 $500,000 $2.620940 per $100 2.620940%$13,105 3 2020 232250 $500,000 $500,000 $500,000 $2.620940 per $100 2.620940%$13,105 4 2020 232248 $883,440 $883,440 $883,440 $2.620940 per $100 2.620940%$23,154 5 2020 232261 $450,000 $450,000 $450,000 $2.629040 per $100 2.629040%$11,831 6 2020 232259 $262,500 $262,500 $262,500 $2.629040 per $100 2.629040%$6,901 7 2020 232260 $487,500 $487,500 $487,500 $2.629040 per $100 2.629040%$12,817 8 2020 232258 $402,250 $402,250 $402,250 $2.629040 per $100 2.629040%$10,575 Total $4,485,690 $10,000 $4,495,690 $117,959 SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 28 Market Analysis National Market Conditions Financial markets are seeing dramatic impacts due to the novel coronavirus pandemic, and while the pandemic continues to be fought, no metric will be reliable to predict with certainty what value impacts will be. However, using trusted analytics resources we can better understand the ways in which past economic shocks have progressed which will help us better assess true risk associated with a particular CRE asset. This economic crisis is unique from others in that there have been shocks to both the supply and demand side. This worry is exacerbated by record corporate debt in place. According to the Federal Reserve, American non-financial corporate debt has risen to 49% of GDP. In 2009 it was 43%. Two- thirds of non-financial corporate bonds in the US are rated “BBB” or lower. The United States has posted a 4.8% decrease in GDP for the first quarter of 2020. China’s Q1 GDP contracted 6.8% year over year, then rebounded for a 3.2% growth in Q2, year over year. An annualized drop of 32.9% was reported at the end of July, with a quarter contraction of 9.5% from April through June. Real GDP is expected to decline 12% from peak to trough between Q419 and Q220, and contract by 6.6% in all of 2020. Unemployment as of late July was 11% nationwide, and expected to remain in double digits through the early Fall, according to Moody’s Analytics. CRE markets have been reporting drops in transaction volumes due to travel restriction, quarantines and “stay at home” orders. Movements in the stock market and interest rates as well as stimulus packages and legislation have caused many deals in progress to be put on hold while participants reconstruct return expectations and yield estimates. Moody’s recorded a 47% drop in transaction activity by dollar volume in the first quarter. The end date of this period of volatility is impossible to foresee, but a historical picture of the relationship between volatility (as measured by deviations in the 10-Yr Treasury prices) and the transaction volume of commercial real estate from the end of 2001 to the end of 2019 may provide some insight. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 29 The preceding graph shows that transactional volume may drop anywhere from 20 to 40% during periods of extreme volatility. The National Council of Real Estate Investment Fiduciaries (NCREIF) tracks the values and returns for institutionally owned commercial real estate. NCREIF compared the recession in the early 1990’s to the financial crisis that began in 2007-08. They found a 27% decline in values across 40,000 individual office, industrial, retail, multi-family and hotel properties for the 2007-08 period. While this was slightly higher than the 25% value drop during the recession of the early 1990’s, the recovery was much quicker. The NCREIF study attributes the faster recovery in values to better data for valuation being available and a desire by investment managers to get the properties in their funds marked to market quickly. The addition of more frequent outside appraisals likely also helped. In the current crisis, we have even more data available (now nearly in real time), as well as stronger analytic models and the benefit of a financial stimulus playbook from which to act more quickly to respond to systemic shocks. The strong federal response has been well received and has kept many markets solvent. The second half of 2020 may see increased volatility again as legislators argue over additional stimulus options, eviction moratoria ends and the additional unemployment benefit from the federal government of $600 per week is no longer being sent to affected households. Impacts to values have not been consistent across sectors, asset classes and markets. Study and analysis on micro levels is critical. Moreover, the analysis of markets and properties prior to the downturn is important as is the market’s vulnerability to recession. The Brookings Institution used Moody’s Analytics to identify “most at risk” industry groups, from which it compiled a list of five particularly vulnerable sectors: mining/oil and gas, transportation, employment services, travel arrangements, and leisure/hospitality. The following map illustrates areas most affected by employment in these sectors. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 30 Property types will also be asymmetrically affected. In the multi-family sector, markets that are oversupplied, or which have a history of rising vacancy or low to flat rent growth are indications of areas that may be harder hit by the new crisis. Markets with volatility in rent growth are still vulnerable, even if vacancy was stable in the past 12 months. For office and retail properties, Moody’s predicts a protracted slump. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 31 Moody’s expects office vacancy to peak at 21% in 2021 and remain close to 20% through 2024. This is an historic high, but long term leases in place will help the sector overall weather some of the short term shock. Systemic change to office space use remains a variable. Remote working is likely to reduce overall footprints, and workers used to saving commuting times may press for smaller suburban office locations over large unified spaces in city centers. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 32 Retail, according to the models, will top out in 2021 at just under 15% vacancy and gradually improve to 11.5% by 2024. Net absorption drops precipitously in 2020 and 2021 in both sectors and begins to recover after that. It’s important to note that rents and vacancies in both office and retail are expected to track with GDP performance, so the model is sensitive to future changes in that metric. Retail must also be considered in its specific iteration. Grocery stores and pharmacies have not seen impacts to their business, nor is one expected. Tenants concentrated in malls, however, are experiencing high bankruptcies. This sector especially necessitates more granular identification when looking for trends. Location also plays a role in performance as surges in infection have and may still cause additional shutdowns to retailers such as bars, restaurants, theaters and gyms creating a longer recovery arc for the sector. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 33 Industrial follows the same pattern. Absorption drops in the next 24 months, through 2021, vacancy peaks at just over 14%, and improves to 10% by 2024. This trends higher than in 2019, but is less severe than impacts to retail and office. Multi-family has yet to see a significant impact to vacancies and rents. It is unclear to what extent this will continue through the year. As we enter into the period where the CARES Act’s eviction moratorium has ended (as of July 24) and 12 states have no protections in place for renters outside of th e federal programs, we may see vacancies begin to rise. As of July 20, the National Multifamily Housing Council (NMHC) reported that 91.3% of apartment households paid full or partial rent. The end of federal unemployment benefits may impact this number in Q3. Vacancies are expected to peak at 7% in 2021, and asking and effective rents to drop 4 to 5% between 2020 and 2021. For comparison, this is a less dramatic impact than what was seen in 2008 and 2009. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 34 Secondary property types are also being impacted by the pandemic. Occupancy for self-storage properties dropped in the first quarter by 40 basis points and rents fell by 3.9% year over year for 10 by 10 foot non-climate controlled units. Student housing is in flux as schools are making final decisions about whether to offer in person instruction for the fall and possibly spring semesters. Moody’s is predicting a 220 basis point increase for rent-by-the-bed properties and 100 basis point vacancy increases for rent-by-the-unit. Rents will drop 4 to 6% over the fall. Senior housing has seen a dramatic impact. This is not surprising given the disproportional impact of the virus on elderly populations. Vacancies in the sector rose to 10.1% in the first quarter of 2020. Rates for Q2 are not available at this time but are expected to continue to rise. The property type will have substantial challenges both creating safe environments for residents and staff and then convincing residents and their families of that safety. Affordable housing, on the other hand, does not appear to have been impacted by the downturn. Vacancies in the sector are only at 2.4% and asking rents increased by 0.6% in Q1. As families continue to feel the employment strain the demand is unlikely to slacken, however, investors are watching closely as there is talk of issuing rent waivers in certain locales and/or extending eviction moratoria. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 35 Source: STR. 2020 © CoStar Realty Information, Inc. Hospitality is second only to retail in its severe impact from the pandemic. A July 24, 2020 release from STR reports a GOPPAR (gross operating profit per available room) down 105.4% year-over-year in June. This was a slight improvement over April and May, down -116.9% and -110.1%, respectively. Occupancy is predictably down 42.5% as well, to 42.5% across all room types. ADR for June is at $92.15, down -31.5.%. Across all asset classes, investors are also watching the interest rate landscape closely. Rates are expected to remain low for the foreseeable future. Conversely, cap rates are expected to rise over the next couple of years before trending back down in 2023 and 2024. Retail rates are the highest, expected to peak near 10% in 2023, and multifamily is steadier, staying below 7% for the duration of the period forecasted. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 36 To complement the Moody’s predictive modeling, NCREIF published a breakdown of impact on market value by property sector, tracking from 1978 to the end of Q4 2019. As the graph illustrates, multi-family saw one of the largest value drops in 2007-09, but was also the first to recover, and that recovery was the largest and fastest. SOUTH SEWER TREATMENT PLANT TRACTS MARKET ANALYSIS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 37 Industrial followed the curve, even surging in recent years. Hotels never returned to their pre-recession peak, even as the economy as a whole was growing. Office and retail both recovered around seven years after the low point. Office however, had the second most dramatic drop in value and was last to recover (after hotels). This is likely to repeat in the recovery from this crisis as firms may discover that their employees and clients can be served by work-from- home models, allowing them to consolidate square footage. Local Residential Market Conditions Nearby residential housing developments include Rancho Vista, Airline Estates, and Virginia Hills. Home construction has also begun breaking ground to the north of Starry Road on the northside of Yorktown Boulevard. Rancho Vista, in particular, has demonstrated a rapid expansion. Rancho Vista is on the west of Starry Road. Sales in the 78414 zip code for the last three years are as follows 1,328 (2018), 1,315 (2019), and 1,223 (2020 year to date). Sales volume for the same area is as follows (in millions): $237 (2018), $250 (2019), and $256 (2020). Median sales price is as follows for the same zip code: $209,950 (2018), $218,950 (2019), and $245,500 (2020). The southern quadrant of Corpus Christi continues its positive growth trends. Far southside residential growth outside of the city limits of Corpus Christi includes the newer subdivisions of Starlight Estates, Kitty Hawk, Promenade Point, and Sun George Village on Staples Street west of Country Creek and Oso Creek; Nottingham Acres and London Village on the south side of FM 43 to the west of the subject land and across the street from the London Schools; Kensington Gardens and London Club Estates located on the northside of FM 43 to the west of the London Schools. Housing developments that continue to expand with new construction are Terra Mar, east of Rodd Field Road and Wooldridge Road, Las Brisas, east of Rodd Field Road and Airline Road, and Rancho Vista, south of Rodd Field Road and Yorktown Boulevard. The proposed new high school for the Corpus Christi Independent School District is expected to move forward with construction occurring near the northwest corner of Weber Road and Saratoga Boulevard. Various intermittent commercial development continues on Staples Street near Yorktown Boulevard, and Weber Road near Saratoga Boulevard and southward. Staples Street activity continues with development beyond Oso Creek. Residential subdivisions are expanding and additional subdivisions are planned. Land prices for large subdivision tracts are exceeding $20,000 per acre. SOUTH SEWER TREATMENT PLANT TRACTS HIGHEST AND BEST USE © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 38 Highest and Best Use The Highest and Best Use of a property is the use that is legally permissible, physically possible, and financially feasible which results in the highest value. An opinion of the highest and best use results from consideration of the criteria noted above under the market conditions or likely conditions as of the effective date of value. Determination of highest and best use results from the judgment and analytical skills of the appraiser. It represents an opinion, not a fact. In appraisal practice, the concept of highest and best use represents the premise upon which value is based. Analysis of Highest and Best Use As Though Vacant The primary determinants of the highest and best use of the property As Vacant are the issues of (1) Legal permissibility, (2) Physical possibility, (3) Financial feasibility, and (4) Maximum productivity. Legally Permissible The subject land is zoned FR, Farm Rural. The Farm Rural designation is typically applied to annexed rural properties. The FR zoning will usually be kept in place until a likely future use for the property is determined, at which time it will be rezoned to the planned future use. The FR zoning allows limited development and, as its name connotes, a rural application is typical. Physically Possible The physical attributes allow for a number of potential uses. Elements such as size, shape, availability of utilities, known hazards (flood, environmental, etc.), and other potential influences are described in the Site Description and have been considered. The utility of the property is adversely impacted by its accessibility from Starry Road. However, accessibility with cooperation from the City of Corpus Christi is considered possible due to the City’s planned Transportation Plan roadway that would allow for future accessibility to Yorktown Boulevard from the neighboring northern parcel. Financially Feasible The subject is located in an area with residential-use land transacting at particularly positive levels as the neighborhood is desirable for home-owners; the area is now experiencing the benefit of major centers for growth that have been or are being implemented; this includes Memorial High School on Cimarron Boulevard (which opened in 2015 representing the first southside Corpus Christi High School) and Del Mar College-South at the intersection of Yorktown Boulevard and Rodd Field Road. The college is expected to open in 2021. These significant developments to the area are contributors to the demand to live in the area. COVID-19 has not appeared to have affected the local market; concern is more directed towards the price of oil for the local economy. Comparing year to year levels for Southside sales volume, median sale price, and number of sales, 2020 has performed well, surpassing the last two years (2018, 2019) in volume and median pricing. Number of sales is likely to be surpassed with slightly more than two months left in 2020. The sale information is provided in the local residential market activity conditions on the previous page. Maximally Productive The use that results in the highest value (the maximally productive use) is the highest and best use. Considering these factors, the maximally productive use as vacant is single-family residential use. Conclusion of Highest and Best Use As Vacant The conclusion of the highest and best use As Vacant is single-family residential use. SOUTH SEWER TREATMENT PLANT TRACTS HIGHEST AND BEST USE © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 39 Most Probable Buyer As of the date of value, the most probable buyer of the subject property is an investor/developer. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 40 Land Valuation Methodology Land Value is most often estimated using the Sales Comparison Approach. This approach develops an indication of market value by analyzing closed sales, listings, or pending sales of properties similar to the subject, focusing on the difference between the subject and the comparables using all appropriate elements of comparison. This approach is based on the principles of supply and demand, balance, externalities, and substitution, or the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. The process of developing the sales comparison approach consists of the following analyses: (1) researching and verifying transactional data, (2) selecting relevant units of comparison, (3) analyzing and adjusting the comparable sales for differences in various elements of comparison, and (4) reconciling the adjusted sales into a value indication for the subject site. Unit of Comparison The unit of comparison depends on land use economics and how buyers and sellers use the property. The unit of comparison in this analysis is per usable acre. Elements of Comparison Elements of comparison are the characteristics or attributes of properties and transactions that cause the prices of real estate to vary. The primary elements of comparison considered in sales comparison analysis are as follows: (1) property rights conveyed, (2) financing terms, (3) conditions of sale, (4) expenditures made immediately after purchase, (5) market conditions, (6) location and (7) physical characteristics. Comparable Sales Data To obtain and verify comparable sales of vacant land properties, the appraiser conducted a search of public records, field surveys, interviews with knowledgeable real estate professionals in the area, and a review of the internal database. The appraiser included five sales in the analysis. The sales are comparable to develop an indication of market value for the subject property. The following is a table summarizing each sale comparable and a map illustrating the location of each in relation to the subject. Details of each comparable follow the location map. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 41 COMPARABLE SALES MAP Land Sales Summary Comp.Date Usable Sales Price Per No.of Sale Acres Location Zoning Actual Acre 1 December-19 30.557 8102 Yorktown Boulevard Corpus Christi, Texas FR $1,069,495 $35,000 2 February-19 20.000 7793 Yorktown Boulevard Corpus Christi, Texas FR $1,000,000 $50,000 3 March-18 45.170 2041 Waldron Road Corpus Christi, Texas RS-6 & RM-1 $1,150,000 $25,459 4 October-17 126.079 Yorktown Boulevard Corpus Christi, Texas FR $5,150,000 $40,847 5 October-17 20.010 7702 Yorktown Boulevard Corpus Christi, Texas FR $900,000 $44,978 SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 42 LAND COMPARABLE 1 Property Identification Property/Sale ID 11097645/1504650 Property Type Subdivision-Residential Address 8102 Yorktown Boulevard City, State Zip Corpus Christi, Texas 78414 County Nueces MSA Corpus Christi Latitude/Longitude 27.643031/-97.347856 Transaction Data Sale Date December 9, 2019 Sale Status Closed Grantor Edward Cantu, et ux Grantee Mostaghasi Enterprises, Inc. Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Recording Number 2019051164 Sale Price $1,069,495 Sale Conditions Adj. $0 Exp. Imm. After Sale $0 Adjusted Price $1,069,495 Property Description Gross Acres 30.557 Gross SF 1,331,063 Usable Acres 30.55700 Usable SF 1,331,063 Street Access Good Visibility Average Shape Irregular Topography Generally Level to Sloping Utilities No municipal services Flood Hazard Zone A13 Zoning Code RS 6 & CG-2 (FR at sale) Zoning Description Residential Indicators $/Gross Acre $35,000 $/Gross SF $.80 $/Usable Acre $35,000 $/Usable SF $.80 SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 43 Verification Confirmed With Moses Mostaghasi Confirmed By Mitchell Kirkpatrick Confirmation Date 10-26-2020 Remarks X Land sold for single family residential construction on the northside of Yorktown Boulevard in the Ranch o Vista subdivision; the property is heavily affected by flood zoned land. The front portion of the property has been rezoned for commercial use since acquisition. The land was zoned FR-Farm Rural at the time of sale. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 44 LAND COMPARABLE 2 Property Identification Property/Sale ID 11097309/1504431 Property Type Subdivision-Residential Address 7793 Yorktown Boulevard City, State Zip Corpus Christi, Texas 78414 County Nueces MSA Corpus Christi Latitude/Longitude 27.648684/-97.356642 Transaction Data Sale Date February 12, 2019 Sale Status Closed Grantor Jose E. Pagan Grantee MPM Development, LP Property Rights Fee Simple Financing Cash to Seller Recording Number 20019005967 Sale Price $1,000,000 Sale Conditions Adj. -$500,000 Exp. Imm. After Sale $0 Adjusted Price $500,000 Property Description Gross Acres 20.000 Gross SF 871,200 Usable Acres 20.00000 Usable SF 871,200 Street Access Good Visibility Average Shape Rectangular Topography Generally Level Utilities No municipal services Flood Hazard Zone A13 Zoning Code RS 4.5 (FR at Sale) Zoning Description Residential Indicators $/Gross Acre $25,000 $/Gross SF $.57 $/Unadjusted Acre $50,000 $/Usable Acre $25,000 $/Usable SF $.57 $/Unadjusted SF $1.15 SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 45 Verification Confirmed With Moses Mostaghasi Confirmed By Mitchell Kirkpatrick Confirmation Date 10-26-2020 Remarks X Land sold for single family residential construction on the southside of Yorktown Boulevard in the Rancho Vista subdivision; the property is accessed from Peterson Road. $500,000 was allocated to the residence and 1 acre. The land was zoned FR-Farm Rural at the time of sale. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 46 LAND COMPARABLE 3 Property Identification Property/Sale ID 10915682/1394317 Property Type Subdivision-Residential Property Name Single Family Subdivision Land Address 2041 Waldron Road City, State Zip Corpus Christi, Texas 78418 County Nueces MSA Corpus Christi Latitude/Longitude 27.652583/-97.291863 Tax ID 513832, 377791 Transaction Data Sale Date March 15, 2018 Sale Status Closed Grantor Valres Two Arc, Inc. Grantee Dorsal Development LLC Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Recording Number 2018011631 Sale Price $1,150,000 Adjusted Price $1,150,000 Property Description Gross Acres 68.170 Gross SF 2,969,485 Usable Acres 45.17000 Usable SF 1,967,605 Front Feet 215.00 Street Access Good Visibility Average Corner/Interior Interior Shape Irregular Topography Generally Level Utilities All public available Flood Hazard Zone A16 & A18 Zoning Code RS-6 & RM-1 Indicators $/Gross Acre $16,870 $/Gross SF $.39 $/Usable Acre $25,459 $/Usable SF $.58 SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 47 $/FF $5,348.84 Verification Confirmed By Mitchell Kirkpatrick Confirmation Date 02-26-2019 Remarks X The sales price was confidential and a range was provided from $1M to $1.3M. 23 acres are not usable due to wetlands. The western 30 acres is for sale as single family for $1,500,000 or $22,004 per acre. The eastern 15 acres is for sale as multifamily for $217,800 an acre or $3,267,000. According to a flood study, approximately 35% of the property is located within the floodplain/wetland and will not be developed. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 48 LAND COMPARABLE 4 Property Identification Property/Sale ID 10570771/841442 Property Type Subdivision-Residential Property Name Single Family Subdivision Land Address Yorktown Boulevard City, State Zip Corpus Christi, Texas 78414 County Nueces MSA Corpus Christi Latitude/Longitude 27.642335/-97.356559 Tax ID 200118794 & 231999 Transaction Data Sale Date October 30, 2017 Sale Status Closed Grantor Patricia H Wallace Trustee Grantee MPM Development, LP Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Recording Number 2017045883 Sale Price $5,150,000 Exp. Imm. After Sale $0 Adjusted Price $5,150,000 Property Description Gross Acres 126.079 Gross SF 5,492,001 Usable Acres 126.07899 Usable SF 5,492,001 Front Feet 422.00 Proposed Use Single family residential subdivision Street Access Good Visibility Good Corner/Interior Corner Shape Irregular Topography Generally Level Utilities Limited availability Flood Hazard Zone Zone C & A13 Zoning Code FR Zoning Description Farm Rural Indicators SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 49 $/Gross Acre $40,847 $/Gross SF $.94 $/Usable Acre $40,847 $/Usable SF $.94 $/FF $12,203.79 Verification Confirmed With Wayne Lundquist Confirmed By Mitchell Kirkpatrick Confirmation Date 07-02-2018 Remarks X Land is on south side of Yorktown Boulevard at the SW intersection with Starry Road. Land (+/-25 acres) is partially within the floodplain at the south end of the land. Land sold as FR-Farm Rural zoning at the time of sale. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 50 LAND COMPARABLE 5 Property Identification Property/Sale ID 11097306/1504428 Property Type Subdivision-Residential Address 7702 Yorktown Boulevard City, State Zip Corpus Christi, Texas 78414 County Nueces MSA Corpus Christi Latitude/Longitude 27.648684/-97.356642 Transaction Data Sale Date October 4, 2017 Sale Status Closed Grantor Carol Sylvia Smith Grantee Grangefield Development, LLC Property Rights Fee Simple Financing Cash to Seller Conditions of Sale Arm's Length Recording Number 2017042252 Sale Price $900,000 Exp. Imm. After Sale $0 Adjusted Price $900,000 Property Description Gross Acres 20.010 Gross SF 871,636 Usable Acres 20.01000 Usable SF 871,636 Front Feet 672.00 Street Access Good Visibility Good Shape Rectangular Topography Generally Level Utilities Sewer nearby, no water Flood Hazard Zone A13 & C Zoning Code RS 4.5 & CN-1 (FR at sale) Zoning Description Residential & Commercial Neighborhood Indicators $/Gross Acre $44,978 $/Gross SF $1.03 $/Usable Acre $44,977 $/Usable SF $1.03 $/FF $1,339.29 SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 51 Verification Confirmed With Jim Burbach Confirmation Date 10-26-2020 Remarks X Land sold for single family residential construction on the northside of Yorktown Boulevard. Land has approximately 2-3 acres in the flood plain. Land sold as FR-Farm Rural zoning at the time of sale. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 52 Land Sales Comparison Analysis When necessary, adjustments were made for differences in various elements of comparison, including property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase, market conditions, location, and other physical characteristics. If the element in comparison is considered superior to that of the subject, the appraiser applied a negative adjustment. Conversely, a positive adjustment was applied if inferior. A summary of the elements of comparison follows. Transaction Adjustments Transaction adjustments include (1) real property rights conveyed, (2) financing terms, (3) conditions of sale and (4) expenditures made immediately after purchase. These items, which are applied prior to the market conditions and property adjustments, are discussed as follows: Real Property Rights Conveyed Real property rights conveyed influence sale prices and must be considered when analyzing a sale comparable. The appraised value and sale comparables all reflect the fee simple interest with no adjustments required. Financing Terms The transaction price of one property may differ from that of an identical property due to different financial arrangements. Sales involving financing terms that are not at or near market terms require adjustments for cash equivalency to reflect typical market terms. A cash equivalency procedure discounts the atypical mortgage terms to provide an indication of value at cash equivalent terms. All of the sale comparables involved typical market terms by which the sellers received cash or its equivalent and the buyers paid cash or tendered typical down payments and obtained conventional financing at market terms for the balance. Therefore, no adjustments for this category were required. Conditions of Sale When the conditions of sale are atypical, the result may be a price that is higher or lower than that of a normal transaction. Adjustments for conditions of sale usually reflect the motivations of either a buyer or a seller who is under duress to complete the transaction. Another more typical condition of sale involves the downward adjustment required to a comparable property’s for-sale listing price, which usually reflects the upper limit of value. Sale 2 included the price for a residence and 1 acre of land which is removed from the sales price to leave the value for the remaining land only. Expenditures Made Immediately After Purchase A knowledgeable buyer considers expenditures required upon purchase of a property, as these costs affect the price the buyer agrees to pay. Such expenditures may include: costs to demolish and remove any portion of the improvements, costs to petition for a zoning change, and/or costs to remediate environmental contamination. The relevant figure is not the actual cost incurred, but the cost anticipated by both the buyer and seller. Unless the sales involved expenditures anticipated upon the purchase date, no adjustments to the comparable sales are required for this element of comparison. The parties to these transactions did not anticipate expenditures were required immediately after purchase; therefore, no adjustments were warranted. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 53 Market Conditions Adjustment Market conditions change over time because of inflation, deflation, fluctuations in supply and demand, or other factors. Changing market conditions may create a need for adjustment to comparable sale transactions completed during periods of dissimilar market conditions. Vacant land property values have continued to improve. An adjustment of 1.75% per year has been applied, which recognizes a deliberate but steady increase. Property Adjustments Property adjustments are usually expressed quantitatively as percentages or dollar amounts that reflect the differences in value attributable to the various characteristics of the property. In some instances, however, qualitative adjustments are used. These adjustments are based on locational and physical characteristics and are applied after transaction and market conditions adjustments. The reasoning for the property adjustments made to each sale comparable follows. The discussion analyzes each adjustment category deemed applicable to the subject property. Location Location adjustments may be required when the locational characteristics of a comparable property are different from those of the subject property. These include, but are not limited to, general neighborhood characteristics, freeway accessibility, street exposure, corner versus interior lot location, neighboring properties, view amenities, and other factors. The subject property is located on the far southside of Corpus Christi with limited frontage from a secondary, essentially interior, former County road. Sale 2 is located along a secondary, interior road similar to the subject and is not adjusted. The subject property is not located along a primary roadway in a similar manner as Sales 1, 3, 4, and 5. Sales 1, 4 and 5 are each located on the Yorktown Boulevard frontage road. The immediate neighborhood appears to place some premium on tracts with highway frontage as evidenced from the sales price per acre of Sales 1, 4 and 5; the three sales are adjusted downward by the amount of the premium, which is isolated after all other adjustments are applied. Frontage on Waldron Road in Flour Bluff does not appear to be given a premium by the market for residential use; therefore Sale 3 is not adjusted. Size The size adjustment addresses variance in the physical size of the comparables and that of the subject, as a larger parcel typically commands a lower price per unit than a smaller parcel. This inverse relationship is due, in part, to the principle of “economies of scale.” The subject property consists of 182.19 gross acres and 117.84.00 acres of useable land area. Sales 1, 2, 3, and 5 are smaller and adjusted downward. Sale 4 is basically the same size as the subject property and not adjusted. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 54 Utilities The subject property has no utility availability from the City of Corpus Christi. The property is an interior location and would require easements through private land to the north or along the right of way of Starry Road that extends to the western edge of the subject. The appraiser has analyzed a paired sale of land property that had no water utilities as compared to land property that had water utility. The paired sale adjustment is provided in the Addenda. The paired sale indicates that the land with no water access sold for 6% less than the land with water utility. The appraiser has approximately doubled the upward adjustment amount for lack of sewer . Sales 1 and 2 are not adjusted as they have no utilities similar to the subject property. With Sale 3, the adjustment amount downward is double the paired sale data as it has sewer and water available. Sales 4 and 5 had sewer nearby with no water availability; each sale is adjusted downward. Floodplain A property’s location within flood zone areas is typically a negative factor due to the increased costs of raising improvements up out of the floodplain, as well as additional insurance costs associated with improvements. The appraiser has analyzed paired sale information for floodplain land in comparison to land that was outside of the floodplain. The paired sale adjustment is provided in the Addenda. The paired sale data indicates that land entirely within the flood plain sold for 39% less as a result. The subject property has none of the usable acreage within the flood plain. Sale 1 has a significant level within the flood plain and is adjusted upward. Sale 2 has a negligible amount of land within the flood plain and is not adjusted. Sale 3 has no usable land within the floodplain and is not adjusted. Sales 4 and 5 are each located partially within the floodplain; based upon the paired sale, the two properties are adjusted upward. Access As identified earlier in the report, the subject land has limited accessibility. The right of way from Starry Road is narrower than is required according to residential street requirements of the City of Corpus Christi’s Transportation Plan. The present right of way appears to be closer to 40’ with minimum street requirements being 50’. A wider right-of-way may be required depending on the designated category for the street. According to the City of Corpus Christi, the subject land is within the path of the proposed Transportation Plan. The Transportation Plan map (see Addenda) identifies existing or proposed rights-of-way across the city; the map appears to serve as a guide for traffic planning with the Metropolitan Planning Organization. It is recognized that the subject property requires preferable accessibility than is presently available. Through communications with the City of Corpus Christi (City), the City indicates its cooperation to work with land developers that request assistance in acquiring access as it relates to a property along the proposed Transportation Plan right-of-way. Following the City’s Transportation Plan path, access to the subject land would require acquiring a right-of-way through one property owner to the north of the subject. The proposed right-of-way is 80’ in width; the length is estimated at 2,600 lineal feet from the northern border of the subject to the southern frontage boundary of Yorktown Boulevard. The total acreage is 4.775 rounded up to 5.0 acres. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 55 In order to value the 5.0 acres of land on the neighboring property, the appraiser has recognized the similarity of surrounding values of land to apply an amount per acre considering the adjustment factors on the following grid. SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 56 Land value for Yorktown frontage property appears to be valued, after adjustments for size, to be +/- $45,000 per acre. Applying the amounts results in $225,000. Additionally, 25% is added for legal and miscellaneous costs to equal approximately $280,000, which is rounded to $300,000. The chart below demonstrates the calculation for the adjustment applied on the following grid: Summary of Adjustments Presented on the following page is a summary of the adjustments made to the sale comparables. As noted earlier, these quantitative adjustments were based on the market research, best judgment, and experience in the appraisal of similar properties. Access Adjustment Total Acreage Total/per acre $300,000 117.84 $2,546 Sale 1 price per acre Sale 2 price per acre Sale 3 price per acre Sale 4 price per acre Sale 5 price per acre (1)$35,468 $25,595 $26,415 $42,608 $46,965 (2)$2,546 $2,546 $2,546 $2,546 $2,546 (2/1)7%10%10%6%5% Adjustment (RD)-5%-10%-10%-5%-5% SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 57 LAND SALES ADJUSTMENT GRID Subject Sale # 1 Sale # 2 Sale # 3 Sale # 4 Sale # 5 Sale ID 1504650 1504431 1394317 841442 1504428 Date of Value & Sale September-20 December-19 February-19 March-18 October-17 October-17 Unadjusted Sales Price $1,069,495 $1,000,000 $1,150,000 $5,150,000 $900,000 Usable Acres 117.840 30.557 20.000 45.170 126.079 20.010 Unadjusted Sales Price per Usable Acre $35,000 $50,000 $25,459 $40,847 $44,978 Transactional Adjustments Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjusted Sales Price $35,000 $50,000 $25,459 $40,847 $44,978 Financing Terms Cash to Seller Cash to Seller Cash to Seller Cash to Seller Cash to Seller Cash to Seller Adjusted Sales Price $35,000 $50,000 $25,459 $40,847 $44,978 Conditions of Sale Typical Arm's Length Included House Arm's Length Arm's Length Arm's Length Adjustment --50.0%--- Adjusted Sales Price $35,000 $25,000 $25,459 $40,847 $44,978 Expenditures after Sale $0 $0 $0 $0 $0 Adjusted Sales Price $35,000 $25,000 $25,459 $40,847 $44,978 Market Conditions Adjustments Elapsed Time from Date of Value 0.76 years 1.59 years 2.50 years 2.87 years 2.95 years Market Trend Through September-20 1.338%2.776%4.377%5.029%5.154% Analyzed Sales Price $35,468 $25,694 $26,574 $42,902 $47,2960.0%0.0%-40.0%-40.0% Physical Adjustments Location Starry Road 8102 Yorktown Boulevard 7793 Yorktown Boulevard 2041 Waldron Road Yorktown Boulevard 7702 Yorktown Boulevard Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas Corpus Christi, Texas Adjustment -40.0%---40.0%-40.0%-10.0%-15.0%-5.0%0.0%-15.0% Size 117.840 acres 30.557 acres 20.000 acres 45.170 acres 126.079 acres 20.010 acres Adjustment -10.0%-15.0%-5.0%--15.0%0.0%0.0%0.0%0.0%0.0% Shape/Depth Irregular Irregular Rectangular Irregular Irregular Rectangular Adjustment -----0.0%0.0%-10.0%-5.0%-5.0% Utilities None No municipal services No municipal services All public available Limited availability Sewer nearby, no water Adjustment ---10.0%-5.0%-5.0%0.0%0.0%0.0%0.0%0.0% Topography Generally Level to Sloping Generally Level to Sloping Generally Level Generally Level Generally Level Generally Level Adjustment -----25.0%0.0%0.0%10.0%5.0% Floodplain C A13 A13 (Minimal)A16 & A18 A13 A13 Adjustment 25.0%--10.0%5.0%0.0%0.0%0.0%0.0%0.0% Zoning FR FR FR RS-6 & RM-1 FR FR Adjustment ------5.0%-10.0%-10.0%-5.0%-5.0% Access Limited Not Limited Not Limited Not Limited Not Limited Not Limited Adjustment -5.0%-10.0%-10.0%-5.0%-5.0%0.0%0.0%0.0%0.0%0.0% Easements/Encumbrances None Adverse None Adverse None Adverse None Adverse None Adverse None Adverse Adjustment ----- Net Physical Adjustment -30.0%-25.0%-25.0%-40.0%-60.0% Adjusted Sales Price per Usable Acre $24,828 $19,271 $19,930 $25,741 $18,918 SOUTH SEWER TREATMENT PLANT TRACTS LAND VALUATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 58 Conclusion The adjusted prices for the comparable properties ranged from $18,918 to $25,741 per usable acre, with an average of $21,738 per usable acre and a median of $19,930 per usable acre. A unit value for the subject property is applied near the middle of the adjusted range, or $20,800 per usable acre. This indicates a market value of $2,450,000. Based on this analysis, the land value is summarized as follows: Metric Unadjusted Analyzed Adjusted Min. Sales Price per Usable Acre $25,459 $25,694 $18,918 Max. Sales Price per Usable Acre $50,000 $47,296 $25,741 Median Sales Price per Usable Acre $40,847 $35,468 $19,930 Mean Sales Price per Usable Acre $39,257 $35,587 $21,738 Land Value Conclusion Reasonable Adjusted Comparable Range 117.840 acres x $18,918 per acre =$2,229,297 117.840 acres x $25,741 per acre =$3,033,319 Market Value Opinion (Rounded) 117.840 acres x $20,800 per acre =$2,450,000 SOUTH SEWER TREATMENT PLANT TRACTS MARKET VALUE INDICATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 59 Market Value Indication Summary of Value Indications The indicated value from the Sales Comparison Approach and the concluded market value for the subject property is summarized in the following table. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results: Extraordinary Assumptions: • None Hypothetical Conditions: • None Exposure Time and Marketing Period Based on statistical information about days on market, escrow length, and marketing times gathered through national investor surveys, sales verification, and interviews of market participants, marketing and exposure time estimates of 12 to 18 months and 12 to 18 months, respectively, are considered reasonable and appropriate for the subject property. Approach to Value As Is Sales Comparison $2,450,000 Component As Is Value Type Market Value Property Rights Appraised Fee Simple Effective Date of Value September 13, 2020 Value Conclusion $2,450,000 $20,800 per acre Value Indications Value Conclusion SOUTH SEWER TREATMENT PLANT TRACTS GENERAL ASSUMPTIONS & LIMITING CONDITIONS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 60 General Assumptions and Limiting Conditions This appraisal is subject to the following general assumptions and limiting conditions: 1. The legal description – if furnished to us – is assumed to be correct. 2. No responsibility is assumed for legal matters, questions of survey or title, soil or subsoil conditions, engineering, availability or capacity of utilities, or other similar technical matters. The appraisal does not constitute a survey of the property appraised. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear, under responsible ownership and competent management unless otherwise noted. 3. Unless otherwise noted, the appraisal will value the property as though free of contamination. Valbridge Property Advisors | San Antonio will conduct no hazardous materials or contamination inspection of any kind. It is recommended that the client hire an expert if the presence of hazardous materials or contamination poses any concern. 4. The stamps and/or consideration placed on deeds used to indicate sales are in correct relationship to the actual dollar amount of the transaction. 5. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing in the subject property. 6. The appraiser is not required to give testimony or attendance in court by reason of this appraisal, unless previous arrangements have been made. 7. Unless expressly specified in the engagement letter, the fee for this appraisal does not include the attendance or giving of testimony by Appraiser at any court, regulatory or other proceedings, or any conferences or other work in preparation for such proceeding. If any partner or employee of Valbridge Property Advisors | San Antonio is asked or required to appear and/or testify at any deposition, trial, or other proceeding about the preparation, conclusions or any other aspect of this assignment, client shall compensate Appraiser for the time spent by the partner or employee in appearing and/or testifying and in preparing to testify according to the Appraiser’s then current hourly rate plus reimbursement of expenses. 8. The values for land and/or improvements, as contained in this report, are constituent parts of the total value reported and neither is (or are) to be used in making a summation appraisal of a combination of values created by another appraiser. Either is invalidated if so used. 9. The dates of value to which the opinions expressed in this report apply are set forth in this report. We assume no responsibility for economic or physical factors occurring at some point at a l ater date, which may affect the opinions stated herein. The forecasts, projections, or operating estimates contained herein are based on current market conditions and anticipated short -term supply and demand factors and are subject to change with future conditions. Appraiser is not responsible for determining whether the date of value requested by Client is appropriate for Client’s intended use. 10. The sketches, maps, plats and exhibits in this report are included to assist the reader in visualizing the property. The appraiser has made no survey of the property and assumed no responsibility in connection with such matters. 11. The information, estimates and opinions, which were obtained from sources outside of this office, are considered reliable. However, no liability for them can be assumed by the appraiser. SOUTH SEWER TREATMENT PLANT TRACTS GENERAL ASSUMPTIONS & LIMITING CONDITIONS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 61 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional appraisal organization or the firm with which the appraisers are connected), shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval. 13. No claim is intended to be expressed for matters of expertise that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers. We claim no expertise in areas such as, but not limited to, legal, survey, structural, environmental, pest control, mechanical, etc. 14. This appraisal was prepared for the sole and exclusive use of the client for the function outlined herein. Any party who is not the client or intended user identified in the appraisal or engagement letter is not entitled to rely upon the contents of the appraisal without express written consent of Valbridge Property Advisors | San Antonio and Client. The Client shall not include partners, affiliates, or relatives of the party addressed herein. The appraiser assumes no obligation, liability or accountability to any third party. 15. Distribution of this report is at the sole discretion of the client, but third-parties not listed as an intended user on the face of the appraisal or the engagement letter may not rely upon the contents of the appraisal. In no event shall client give a third-party a partial copy of the appraisal report. We will make no distribution of the report without the specific direction of the client. 16. This appraisal shall be used only for the function outlined herein, unless expressly authorized by Valbridge Property Advisors | San Antonio. 17. This appraisal shall be considered in its entirety. No part thereof shall be used separately or out of context. 18. Unless otherwise noted in the body of this report, this appraisal assumes that the subject property does not fall within the areas where mandatory flood insurance is effective. Unless otherwise noted, we have not completed nor have we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 19. The flood maps are not site specific. We are not qualified to confirm the location of the subject property in relation to flood hazard areas based on the FEMA Flood Insurance Rate Maps or other surveying techniques. It is recommended that the client obtain a confirmation of the subject property’s flood zone classification from a licensed surveyor. 20. If the appraisal is for mortgage loan purposes 1) we assume satisfactory completion of improvements if construction is not complete, 2) no consideration has been given for rent loss during rent-up unless noted in the body of this report, and 3) occupancy at levels consistent with our “Income and Expense Projection” are anticipated. 21. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which may be required to discover them. SOUTH SEWER TREATMENT PLANT TRACTS GENERAL ASSUMPTIONS & LIMITING CONDITIONS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 62 22. Our inspection included an observation of the land and improvements thereon only. It was not possible to observe conditions beneath the soil or hidden structural components within the improvements. We inspected the buildings involved, and reported damage (if any) by termites, dry rot, wet rot, or other infestations as a matter of information, and no guarantee of the amount or degree of damage (if any) is implied. Condition of heating, cooling, ventilation, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. Should the client have concerns in these areas, it is the client’s responsibility to order the appropriate inspections. The appraiser d oes not have the skill or expertise to make such inspections and assumes no responsibility for these items. 23. This appraisal does not guarantee compliance with building code and life safety code requirements of the local jurisdiction. It is assumed that all required licenses, consents, certificates of occupancy or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusion contained in this report is based unless specifically stated to the contrary. 24. When possible, we have relied upon building measurements provided by the client, owner, or associated agents of these parties. In the absence of a detailed rent roll, reliable public records, or “as-built” plans provided to us, we have relied upon our own measurements of the subject improvements. We follow typical appraisal industry methods; however, we recognize that some factors may limit our ability to obtain accurate measurements including, but not limited to, property access on the day of inspection, basements, fenced/gated areas, grade elevations, greenery/shrubbery, uneven surfaces, multiple story structures, obtuse or acute wall angles, immobile obstructions, etc. Professional building area measurements of the quality, level of detail, or accuracy of professional measurement services are beyond the scope of this appraisal assignment. 25. We have attempted to reconcile sources of data discovered or provided during the appraisal process, including assessment department data. Ultimately, the measurements that are deemed by us to be the most accurate and/or reliable are used within this report. While the measurements and any accompanying sketches are considered to be reasonably accurate and reliable, we cannot guarantee their accuracy. Should the client desire more precise measurement, they are urged to retain the measurement services of a qualified professional (space planner, architect or building engineer) as an alternative source. If this alternative measurement source reflects or reveals substantial differences with the measurements used within the report, upon request of the client, the appraiser will submit a revised report for an additional fee. 26. In the absence of being provided with a detailed land survey, we have used assessment department data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, upon request of the client, the appraiser will submit a revised report for an additional fee. 27. If only preliminary plans and specifications were available for use in the preparation of this appraisal, and a review of the final plans and specifications reveals substantial differences upon request of the client the appraiser will submit a revised report for an additional fee. SOUTH SEWER TREATMENT PLANT TRACTS GENERAL ASSUMPTIONS & LIMITING CONDITIONS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 63 28. Unless otherwise stated in this report, the value conclusion is predicated on the assumption that the property is free of contamination, environmental impairment or hazardous materials. U nless otherwise stated, the existence of hazardous material was not observed by the appraiser and the appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required for discovery. The client is urged to retain an expert in this field, if desired. 29. The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. We have not made a specific compliance survey of the property to determine if it is in conformity with the various requirements of the ADA. It is possible that a compliance survey of the property, together with an analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative effect on the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in developing an opinion of value. 30. This appraisal applies to the land and building improvements only. The value of trade fixtures, furnishings, and other equipment, or subsurface rights (minerals, gas, and oil) were not considered in this appraisal unless specifically stated to the contrary. 31. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated, unless specifically stated to the contrary. 32. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute prediction of future operating results. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. 33. Any estimate of insurable value, if included within the scope of work and presented herein, is based upon figures developed consistent with industry practices. However, actual local and regional construction costs may vary significantly from our estimate and individual insurance policies and underwriters have varied specifications, exclusions, and non-insurable items. As such, we strongly recommend that the Client obtain estimates from professionals experienced in establishing insurance coverage. This analysis should not be relied upon to determine insurance coverage and we make no warranties regarding the accuracy of this estimate. 34. The data gathered in the course of this assignment (except data furnished by the Client) shall remain the property of the Appraiser. The appraiser will not violate the confidential nature of the appraiser- client relationship by improperly disclosing any confidential information furnished to the appraiser. Notwithstanding the foregoing, the Appraiser is authorized by the client to disclose all or any portion of the appraisal and related appraisal data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable the appraiser to comply with the Bylaws and Regulations of such Institute now or hereafter in effect. SOUTH SEWER TREATMENT PLANT TRACTS GENERAL ASSUMPTIONS & LIMITING CONDITIONS © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 64 35. You and Valbridge Property Advisors | San Antonio both agree that any dispute over matters in excess of $5,000 will be submitted for resolution by arbitration. This includes fee disputes and any claim of malpractice. The arbitrator shall be mutually selected. If Valbridge Property Advisors | San Antonio and the client cannot agree on the arbitrator, the presiding head of the Local County Mediation & Arbitration panel shall select the arbitrator. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, by agreeing to binding arbitration, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury. In the event that the client, or any other party, makes a claim against Valbridge Property Advisors | San Antonio or any of its employees in connections with or in any way relating to this assignment, the maximum damages recoverable by such claimant shall be the amount actually received by Valbridge Property Advisors | San Antonio for this assignment, and under no circumstances shall any claim for consequential damages be made. 36. Valbridge Property Advisors | San Antonio shall have no obligation, liability, or accountability to any third party. Any party who is not the “client” or intended user identified on the face of the appraisal or in the engagement letter is not entitled to rely upon the contents of the appraisal without the express written consent of Valbridge Property Advisors | San Antonio. “Client” shall not include partners, affiliates, or relatives of the party named in the engagement letter. Client shall hold Valbridge Property Advisors | San Antonio and its employees harmless in the event of any lawsuit brought by any third party, lender, partner, or part-owner in any form of ownership or any other party as a result of this assignment. The client also agrees that in case of lawsuit arising from or in any way involving these appraisal services, client will hold Valbridge Property Advisors | San Antonio harmless from and against any liability, loss, cost, or expense incurred or suffered by Valbridge Property Advisors | San Antonio in such action, regardless of its outcome. 37. The Valbridge Property Advisors office responsible for the preparation of this report is independently owned and operated by Valbridge Property Advisors | San Antonio. Neither Valbridge Property Advisors, Inc., nor any of its affiliates has been engaged to provide this report. Valbridge Property Advisors, Inc. does not provide valuation services, and has taken no part in the preparation of this report. 38. If any claim is filed against any of Valbridge Property Advisors, Inc., a Florida Corporation, its affiliates, officers or employees, or the firm providing this report, in connection with, or in any way arising out of, or relating to, this report, or the engagement of the firm providing this report, then (1) under no circumstances shall such claimant be entitled to consequential, special or other damages, except only for direct compensatory damages, and (2) the maximum amount of such compensatory damages recoverable by such claimant shall be the amount actually received by the firm engaged to provide this report. 39. This report and any associated work files may be subject to evaluation by Valbridge Property Advisors, Inc., or its affiliates, for quality control purposes. 40. Acceptance and/or use of this appraisal report constitutes acceptance of the foregoing general assumptions and limiting conditions. 41. The global outbreak of a "novel coronavirus" (known as COVID-19) was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The reader is cautioned, and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal. SOUTH SEWER TREATMENT PLANT TRACTS CERTIFICATION © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 65 Certification – Mitchell N. Kirkpatrick, MAI, CCIM I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. The undersigned Mitchell N. Kirkpatrick, MAI, CCIM has not performed any services regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. Mitchell N. Kirkpatrick, MAI, CCIM made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the person signing this certification, unless otherwise noted. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, I, Mitchell N. Kirkpatrick, MAI, CCIM have completed the continuing education program for Designated Members of the Appraisal Institute. Mitchell N. Kirkpatrick, MAI, CCIM Director State Certified General Real Estate Appraiser TX-1338031-G SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 66 Addenda Permitted Uses within FR zoning Transportation Plan Map Paired Sale – Floodplain Acreage with Platted Parcels Glossary Qualifications • Mitchell Kirkpatrick, MAI, CCIM - Director Information on Valbridge Property Advisors Office Locations SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 67 Permitted Uses within FR Zoning (Pg. 1) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 68 Permitted Uses within FR Zoning (Pg. 2) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 69 Transportation Plan Map SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 70 Paired Sale-Utility Access 1 2 Location E & A Development Reynoso Total Price $173,872 $115,000 Price/Acre $2,557 $4,141 Market Conditions Property Rights Fee Simple (Surface Only)0%Fee Simple (Surface Only)0% Adjusted Price/Acre $2,557 $4,141 Financing Cash to Seller 0%Cash to Seller 0% Adjusted Price/Acre $2,557 $4,141 Condition of Sale Arm's Length 0%Arm's Length 0% Adjusted Price/Acre $2,557 $4,141 Improvements None $0 manufactured home, multiple sheds, and garage with ECV of $25,000, or $900 per acre ($900) Adjusted Price/Acre $2,557 $3,241 Date of Sale Jun-16 0%Feb-14 6% ADJUSTED PRICE/Acre $2,557 $3,436 Adjustments Location / Access Starr County - One mile west of Sullivan City, just north of U.S. Highway 83; Access from 16 Mile Road 0% Starr County - 16 miles north of Sullivan City, south of FM 490; Private road access from FM 490 -30% Size 68.002 0%27.770 0% Land Features Generally level open pastureland with few trees 0% Generally level native brush and trees 0% Water Features None 0% Stock pond located in the southwest portion of property; Private well 0% Irrigation / Tillable acres 0%0%0%0% Utilites Electric and city water available; Septic required 0%Electric avaiable, Septic required 0% Easements/Encumbrances None adverse 0%None adverse 0% Total Adjustments 0%-30% INDICATED VALUE/Acre $2,557 $2,405 Matched Pair Analysis - City Water Sale 1 Access to City Water $2,557 Sale 2 No access to City Water $2,405 Difference $152 % Difference Price $152/$2,557 6% PAIRED SALES ANALYSIS - CITY WATER ACCESS SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 71 Paired Sale-Floodplain 1 2 Location Lozano Farm Garza Ranch Total Price $480,000 $903,450 Price/Acre $1,768 $2,850 Market Conditions Property Rights Fee Simple (Surface Only)0%Fee Simple (Surface Only)0% Adjusted Price/Acre $1,768 $2,850 Financing Cash-to-Seller 0%Owner financed 0% Adjusted Price/Acre $1,768 $2,850 Condition of Sale Arm's Length 0%Arm's Length 0% Adjusted Price/Acre $1,768 $2,850 Water Rights 250 acre-feet of Class B water rights with an ECV of $225,000 or $829 per acre $0 None $0 Adjusted Price/Acre $1,768 $2,850 Improvements None $0 Fencing contributing $60,000 or $189 per acre ($189) Adjusted Price/Acre $1,768 $2,661 Date of Sale Jun-19 0%Jun-18 3% ADJUSTED PRICE/Acre $1,768 $2,741 Adjustments Location / Access Starr County - Two miles southwest of Sullivan City; Unmaintained county road access 0% Starr County - 10 miles northeast of Roma; County road access 6% Size 271.510 0%317.000 0% Land Features Mixed soils - Average Class II silty clay loam soils; Leveled irrigated farmland in good condition; 85% tillable 0% Mixed soils - Average Class III fine sandy loam and clay; Generally level native brush; 0% tillable 0% Water Features Rio Grande River Access with one river pump 0%None 0% Floodplain 100%0%0%0% Utilities Electric Available; Septic required 0% Electric available; Septic required 0% Easements/Encumbrances None Adverse 0%None Adverse 0% Total Adjustments 0%6% INDICATED VALUE/Acre $1,768 $2,905 Matched Pair Analysis - Floodplain Sale 1 100% floodplain $1,768 Sale 2 0% floodplain $2,905 Difference $1,137 % Difference Price $1,137/$2,905 39% PAIRED SALES ANALYSIS - FLOODPLAIN SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 72 Acreage with Platted Parcels (page 1) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 73 Acreage with Platted Parcels (page 2) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 74 Glossary Definitions are taken from The Dictionary of Real Estate Appraisal, 6th Edition (Dictionary), the Uniform Standards of Professional Appraisal Practice (USPAP), and Building Owners and Managers Association International (BOMA). Absolute Net Lease A lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant. (Dictionary) Amortization The process of retiring a debt or recovering a capital investment, typically through scheduled, systematic repayment of the principal; a program of periodic contributions to a sinking fund or debt retirement fund. (Dictionary) As Is Market Value The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date. (Dictionary) Base Rent The minimum rent stipulated in a lease. (Dictionary) Base Year The year on which escalation clauses in a lease are based. (Dictionary) Building Common Area In office buildings, the areas of the building that provide services to building tenants but which are not included in the office area or store area of any specific tenant. These areas may include, but shall not be limited to, main and auxiliary lobbies, atrium spaces at the level of the finished floor, concierge areas or security desks, conference rooms, lounges or vending areas, food service facilities, health or fitness centers, daycare facilities, locker or shower facilities, mail rooms, fire control rooms, fully enclosed courtyards outside the exterior walls, and building core and service areas such as fully enclosed mechanical or equipment rooms. Specifically excluded from building common area are floor common areas, parking space, portions of loading docks outside the building line, and major vertical penetrations. (BOMA) Building Rentable Area The sum of all floor rentable areas. Floor rentable area is the result of subtracting from the gross measured area of a floor the major vertical penetrations on that same floor. It is generally fixed for the life of the building and is rarely affected by changes in corridor size or configuration. (BOMA) Bulk Value The value of multiple units, subdivided plots, or properties in a portfolio as though sold together in a single transaction. Certificate of Occupancy (COO) A formal written acknowledgment by an appropriate unit of local government that a new construction or renovation project is at the stage where it meets applicable health and safety codes and is ready for commercial or residential occupancy. (Dictionary) Common Area Maintenance (CAM) The expense of operating and maintaining common areas; may or may not include management charges and usually does not include capital expenditures on tenant improvements or other improvements to the property. (Dictionary) The amount of money charged to tenants for their shares of maintaining a [shopping] center’s common area. The charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. Items charged to common area maintenance may include cleaning services, parking lot sweeping and maintenance, snow removal, security and upkeep. (ICSC – International Council of Shopping Centers, 4th Ed.) Condominium A multiunit structure, or a unit within such a structure, with a condominium form of ownership. (Dictionary) Conservation Easement An interest in real estate restricting future land use to preservation, conservation, wildlife habitat, or some combination of those uses. A conservation easement may permit farming, timber harvesting, or other uses of a rural nature as well as some types of conservation-oriented development to continue, subject to the easement. (Dictionary) Contributory Value A type of value that reflects the amount a property or component of a property contributes to the value of another asset or to the property as a whole. The change in the value of a property as a whole, whether positive or negative, resulting from the addition or deletion of a property component. Also called deprival value in some countries. (Dictionary) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 75 Debt Coverage Ratio (DCR) The ratio of net operating income to annual debt service (DCR = NOI/Im), which measures the relative ability of a property to meet its debt service out of net operating income; also called debt service coverage ratio (DSCR). A larger DCR typically indicates a greater ability for a property to withstand a reduction of income, providing an improved safety margin for a lender. (Dictionary) Deed Restriction A provision written into a deed that limits the use of land. Deed restrictions usually remain in effect when title passes to subsequent owners. (Dictionary) Depreciation In appraisal, a loss in property value from any cause; the difference between the cost of an improvement on the effective date of the appraisal and the market value of the improvement on the same date. In accounting, an allocation of the original cost of an asset, amortizing the cost over the asset’s life; calculated using a variety of standard techniques. (Dictionary) Disposition Value The most probable price that a specified interest in property should bring under the following conditions: • Consummation of a sale within a specified time, which is shorter than the typical exposure time for such a property in that market. • The property is subjected to market conditions prevailing as of the date of valuation; • Both the buyer and seller are acting prudently and knowledgeably; • The seller is under compulsion to sell; • The buyer is typically motivated; • Both parties are acting in what they consider to be their best interests; • An adequate marketing effort will be made during the exposure time; • Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto; and • The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Dictionary) Double Net (Net Net) Lease An alternative term for a type of net lease. In some markets, a net net lease is defined as a lease in which the tenant is responsible to pay both property taxes and premiums for insuring the building(s). (Valbridge) (The market definition of a double net lease varies depending on the market) Easement The right to use another’s land for a stated purpose. (Dictionary) EIFS Exterior Insulation Finishing System. This is a type of exterior wall cladding system. Sometimes referred to as dry-vit. Effective Date The date on which the appraisal or review opinion applies. (SVP) In a lease document, the date upon which the lease goes into effect. (Dictionary) Effective Gross Income (EGI) The anticipated income from all operations of the real estate after an allowance is made for vacancy and collection losses and an addition is made for any other income. (Dictionary) Effective Rent Total base rent, or minimum rent stipulated in a lease, over the specified lease term minus rent concessions; the rent that is effectively paid by a tenant net of financial concessions provided by a landlord. (TIs). (Dictionary) EPDM Ethylene Propylene Diene Monomer Rubber. A type of synthetic rubber typically used for roof coverings. (Dictionary) Escalation Clause A clause in an agreement that provides for the adjustment of a price or rent based on some event or index. e.g., a provision to increase rent if operating expenses increase; also called escalator clause, expense recovery clause or stop clause. (Dictionary) Estoppel Certificate A signed statement by a party (such as a tenant or a mortgagee) certifying, for another’s benefit, that certain facts are correct, such as that a lease exists, that there are no defaults, and that rent is paid to a certain date. (Black’s) In real estate, a buyer of rental property typically requests estoppel certificates from existing tenants. Sometimes referred to as an estoppel letter. (Dictionary) Excess Land Land that is not needed to serve or support the existing use. The highest and best use of the excess land may or may not be the same as the highest and best use of the improved parcel. Excess land has the potential to be sold separately and is valued separately. (Dictionary) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 76 Excess Rent The amount by which contract rent exceeds market rent at the time of the appraisal; created by a lease favorable to the landlord (lessor) and may reflect unusual management, unknowledgeable or unusually motivated parties, a lease execution in an earlier, stronger rental market, or an agreement of the parties. (Dictionary) Expense Stop A clause in a lease that limits the landlord’s expense obligation, which results in the lessee paying operating expenses above a stated level or amount. (Dictionary) Exposure Time The time a property remains on the market. The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; Comment: Exposure time is a retrospective opinion based on an analysis of past events assuming a competitive and open market. (Dictionary) Extraordinary Assumption An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions. Comment: Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or the integrity of data used in an analysis. (USPAP) Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Dictionary) Floor Common Area In an office building, the areas on a floor such as washrooms, janitorial closets, electrical rooms, telephone rooms, mechanical rooms, elevator lobbies, and public corridors which are available primarily for the use of tenants on that floor. (BOMA) Full Service (Gross) Lease A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called a full service lease. (Dictionary) Furniture, Fixtures, and Equipment (FF&E) Business trade fixtures and personal property, exclusive of inventory. (Dictionary) Going-Concern Value An outdated label for the market value of all the tangible and intangible assets of an established and operating business with an indefinite life, as if sold in aggregate; more accurately termed the market value of the going concern or market value of the total assets of the business. (Dictionary) Gross Building Area (GBA) Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above- grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved. Gross leasable area plus all common areas. For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically does not include garage space. (Dictionary) Gross Measured Area The total area of a building enclosed by the dominant portion (the portion of the inside finished surface of the permanent outer building wall which is 50 percent or more of the vertical floor-to-ceiling dimension, at the given point being measured as one moves horizontally along the wall), excluding parking areas and loading docks (or portions of same) outside the building line. It is generally not used for leasing purposes and is calculated on a floor by floor basis. (BOMA) Gross Up Method A method of calculating variable operating expenses in income-producing properties when less than 100% occupancy is assumed. Expenses reimbursed based on the amount of occupied space, rather than on the total building area, are described as “grossed up.” (Dictionary) Gross Retail Sellout The sum of the separate and distinct market value opinions for each of the units in a condominium, subdivision development, or portfolio of properties, as of the date of valuation. The aggregate of retail values does not represent the value of all the units as though sold together in a single transaction; it is simply the total of the individual market value conclusions. Also called the aggregate of the retail values, aggregate retail selling price or sum of the retail values. (Dictionary) Ground Lease A lease that grants the right to use and occupy land. Improvements made by the ground lessee typically revert to the ground lessor at the end of the lease term. (Dictionary) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 77 Ground Rent The rent paid for the right to use and occupy land according to the terms of a ground lease; the portion of the total rent allocated to the underlying land. (Dictionary) HVAC Heating, ventilation, air conditioning (HVAC) system. A unit that regulates the temperature and distribution of heat and fresh air throughout a building. (Dictionary) Highest and Best Use The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset’s existing use of for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS) [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) (Dictionary) Hypothetical Condition A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (USPAP) Insurable Value A type of value for insurance purposes. (Typically this includes replacement cost less basement excavation, foundation, underground piping and architect’s fees). (Dictionary) Investment Value The value of a property to a particular investor or class of investors based on the investor’s specific requirements. Investment value may be different from market value because it depends on a set of investment criteria that are not necessarily typical of the market. (Dictionary) Just Compensation In condemnation, the amount of loss for which a property owner is compensated when his or her property is taken. Just compensation should put the owner in as good a position pecuniarily as he or she would have been if the property had not been taken. (Dictionary) Leased Fee Interest The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Dictionary) Leasehold Interest The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (Dictionary) See also Positive Leasehold and Negative Leasehold. Lessee (Tenant) One who has the right to occupancy and use of the property of another for a period of time according to a lease agreement. (Dictionary) Lessor (Landlord) One who conveys the rights of occupancy and use to others under a lease agreement. (Dictionary) Liquidation Value The most probable price that a specified interest in property should bring under the following conditions: • Consummation of a sale within a short time period. • The property is subjected to market conditions prevailing as of the date of valuation. • Both the buyer and seller are acting prudently and knowledgeably. • The seller is under extreme compulsion to sell. • The buyer is typically motivated. • Both parties are acting in what they consider to be their best interests. • A normal marketing effort is not possible due to the brief exposure time. • Payment will be made in cash in U.S. dollars (or the local currency) or in terms of financial arrangements comparable thereto. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Dictionary) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 78 Loan to Value Ratio (LTV) The ratio between a mortgage loan and the value of the property pledged as security, usually expressed as a percentage. (Dictionary) Major Vertical Penetrations Stairs, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls. Atria, lightwells and similar penetrations above the finished floor are included in this definition. Not included, however, are vertical penetrations built for the private use of a tenant occupying office areas on more than one floor. Structural columns, openings for vertical electric cable or telephone distribution, and openings for plumbing lines are not considered to be major vertical penetrations. (BOMA) Market Rent The most probable rent that a property should bring in a competitive and open market under all the conditions requisite to a fair lease transaction, the lessee and the lessor each acting prudently and knowledgeably, and assuming the rent is not affected by undue stimulus. Implicit in this definition is the execution of a lease as of a specified date under conditions whereby: Lessee and lessor are typically motivated; Both parties are well informed or well advised, and acting in what they consider their best interests; Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and The rent reflects specified terms and conditions, such as permitted uses, use restrictions, expense obligations, duration, concessions, rental adjustments and revaluations, renewal and purchase options, and tenant improvements (TIs). (Appraisal Institute) Market Value The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: • Buyer and seller are typically motivated; • Both parties are well informed or well advised, and acting in what they consider their own best interests; • A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and • The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Dictionary) Marketing Time An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of the Appraisal Foundation) Master Lease A lease in which the fee owner leases a part or the entire property to a single entity (the master lease) in return for a stipulated rent. The master lessee then leases the property to multiple tenants. (Dictionary) Modified Gross Lease A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property’s operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi-gross lease. (Dictionary) Negative Leasehold A lease situation in which the market rent is less than the contract rent. (Dictionary) Operating Expense Ratio The ratio of total operating expenses to effective gross income (TOE/EGI); the complement of the net income ratio, i.e., OER = 1 – NIR (Dictionary) Option A legal contract, typically purchased for a stated consideration, that permits but does not require the holder of the option (known as the optionee) to buy, sell, or lease real estate for a stipulated period of time in accordance with specified terms; a unilateral right to exercise a privilege. (Dictionary) Partial Interest Divided or undivided rights in real estate that represent less than the whole, i.e., a fractional interest such as a tenancy in common, easement, or life interest. (Dictionary) Pass Through A tenant’s portion of operating expenses that may be composed of common area maintenance (CAM), real property taxes, property insurance, and any other expenses determined in the lease agreement to be paid by the tenant. (Dictionary) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 79 Percentage Lease A lease in which the rent or some portion of the rent represents a specified percentage of the volume of business, productivity, or use achieved by the tenant. (Dictionary) Positive Leasehold A lease situation in which the market rent is greater than the contract rent. (Dictionary) Potential Gross Income (PGI) The total income attributable to property at full occupancy before vacancy and operating expenses are deducted. (Dictionary) Prospective Future Value Upon Completion A prospective market value may be appropriate for the valuation of a property interest related to a credit decision for a proposed development or renovation project. According to USPAP, an appraisal with a prospective market value reflects an effective date that is subsequent to the date of the appraisal report. … The prospective market value –as completed- reflects the property’s market value as of the time that development is expected to be complete. (Dictionary) Prospective Future Value Upon Stabilization A prospective market value may be appropriate for the valuation of a property interest related to a credit decision for a proposed development or renovation project. According to USPAP, an appraisal with a prospective market value reflects an effective date that is subsequent to the date of the appraisal report …The prospective market value – as stabilized – reflects the property’s market value as of the time the property is projected to achieve stabilized occupancy. For an income-producing property, stabilized occupancy is the occupancy level that a property is expected to achieve after the property is exposed to the market for lease over a reasonable period of time and at comparable terms and conditions to other similar properties. (Dictionary) Replacement Cost The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design, and layout. (Dictionary) Reproduction Cost The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same materials, construction standards, design, layout, and quality of workmanship and embodying all of the deficiencies, superadequacies, and obsolescence of the subject building. (Dictionary) Retrospective Value Opinion A value opinion effective as of a specified historical date. The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., “retrospective market value opinion.” (Dictionary) Sandwich Leasehold Estate The interest held by the sandwich leaseholder when the property is subleased to another party; a type of leasehold estate. (Dictionary) Sublease An agreement in which the lessee in a prior lease conveys the right of use and occupancy of a property to another, the sublessee, for a specific period of time, which may or may not be coterminous with the underlying lease term. (Dictionary) Subordination A contractual arrangement in which a party with a claim to certain assets agrees to make his or her claim junior, or subordinate, to the claims of another party. (Dictionary) Surplus Land Land that is not currently needed to support the existing use but cannot be separated from the property and sold off for another use. Surplus land does not have an independent highest and best use and may or may not contribute value to the improved parcel. (Dictionary) TPO Thermoplastic polyolefin, a resilient synthetic roof covering. Triple Net (Net Net Net) Lease An alternative term for a type of net lease. In some markets, a net net net lease is defined as a lease in which the tenant assumes all expenses (fixed and variable) of operating a property except that the landlord is responsible for structural maintenance, building reserves, and management; also called NNN lease, net net net lease, or fully net lease. (Dictionary) (The market definition of a triple net lease varies; in some cases tenants pay for items such as roof repairs, parking lot repairs, and other similar items.) Usable Area The measured area of an office area, store area, or building common area on a floor. The total of all the usable areas for a floor shall equal floor usable area of that same floor. (BOMA) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 80 Value-in-Use The value of a property assuming a specific use, which may or may not be the property’s highest and best use on the effective date of the appraisal. Value in use may or may not be equal to market value but is different conceptually. (Dictionary) VTAB Value of the Total Assets of a Business. The value of a going concern (i.e. the business enterprise). (Dictionary) SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 81 Qualifications SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 82 Qualifications of Mitchell N. Kirkpatrick, MAI, CCIM Director Valbridge Property Advisors | San Antonio mkirkpatrick@valbridge.com Education • Master of Business Administration, Texas A&M University-Corpus Christi, August 2001 • Bachelor of Arts in Communications, Texas A&M University-Corpus Christi, December 1994 Specialized Education Successfully completed and received credit for the following courses: The Appraisal Institute • Uniform Appraisal Standards for Federal Land Acquisitions (“Yellow Book”) • Litigation Appraising • Fundamentals of Separating Real Property, Personal Property and Intangible Business Assets • Advanced Applications • Advanced Sales Comparison and Cost Approaches • Advanced Income Capitalization • Report Writing and Valuation Analysis • Uniform Standards of Professional Appraisal Practice – USPAP • Business Practices and Ethics • Basic Appraisal Principles • Basic Appraisal Procedures • General Market Analysis and Highest and Best Use • Basic Income Capitalization The CCIM Institute • Evaluating Self-Storage Investments • Financial Analysis for Commercial Investment Real Estate • Market Analysis for Commercial Investment Real Estate • User Decision Analysis for Commercial Investment Real Estate • Investment Analysis for Commercial Investment Real Estate Designations/Certifications • CCIM (Certified Commercial Investment Member), Certificate No. 22093, October 2016 • MAI (Member Appraisal Institute), Certificate No. 501791, July 2012 • Certified General Appraiser, State of Texas; Certification No. TX-1338031-G, January 2010 • Real Estate Broker’s License, State of Texas; License No. 561786; July 2009 • CPA, State of Texas (Inactive); License No. 85485; December 2004 Experience Presently and since April 2014, Mitchell has been employed by Valbridge Property Advisors | San Antonio, formerly known as Dugger, Canaday, Grafe, Inc. He is presently a Director with Valbridge Property Advisors – San Antonio. SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 83 From 2007 to 2014, he worked as a commercial real estate appraiser in Corpus Christi with American Appraisers, Inc. and Smith, Kirkpatrick & Klager, LLC. SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 84 Real Estate Specializations Experience includes assignments as both an appraiser and a consultant in relation to various uses of real estate including: right-of-way/eminent domain, retail (regional shopping center and net leased retail), multi-tenant/single-tenant office, medical offices, multi-family/apartments, self-storage facilities, automobile dealerships, hotel/hospitality, RV parks, subdivision analysis, Yellow Book (UASFLA), contaminated land (super fund), industrial uses including: cold storage, transload (truck/rail) facilities, grain storage facility, and warehousing, air rights analysis, undivided interests, cost segregation; other special-purpose projects have included a naval-air station, an operating landfill, an armory, and a public utility. Mr. Kirkpatrick has completed assignments in the context of litigation and has served as an expert witness. Mr. Kirkpatrick’s trade area is San Antonio south to Victoria, Laredo, Corpus Christi, and the Rio Grande Valley; the Texas Hill Country, Austin, West Texas (particularly the Permian Basin region), and New M exico are also activity areas. Appraisals have also been conducted by Mr. Kirkpatrick in California, Arizona, and Florida. Clients served include attorneys, businesses, financial institutions, governmental agencies, individuals, and non-profit organizations. In the early-to-mid 2000’s, Mr. Kirkpatrick worked as a Certified Public Accountant for the firms Flusche, Van Beveren, and Kilgore (FVBK), P.C. and G.F. Valdez and Company, in Corpus Christi. Professional Affiliations • South Texas Chapter, Appraisal Institute, 2020 Vice President • South Texas Chapter, Appraisal Institute, 2019 Second Vice President • South Texas Chapter, Appraisal Institute, 2018 Treasurer • South Texas Chapter, Appraisal Institute, 2017 Secretary • South Texas Chapter, Appraisal Institute, 2016 Director • South Texas Chapter, Appraisal Institute, 2015 Director • South Texas Chapter, Appraisal Institute, 2014 Director • San Antonio/South Texas Chapter, CCIM, 2018-2020 Education Director • Hill Country Toastmasters - Treasurer Recent Seminars and Lectures • Appraisal Institute Leadership Development & Advisory Council (May 2019) in Washington, D.C. SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 85 SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 86 Valbridge Property Advisors Information / Office Locations SOUTH SEWER TREATMENT PLANT TRACTS ADDENDA © 2020 VALBRIDGE PROPERTY ADVISORS | San Antonio Page 87